
Colorado (CO) law guide
Colorado's landlord-tenant framework, governed by **C.R.S. Title 38, Article 12**, has evolved rapidly through recent legislative sessions. A 2023 amendment capped security deposits at two months' rent for the first time in state history, and 2024 brought **just-cause eviction protections** that apply once a tenant has lived in a unit for 12 months or more. Landlords operating in Colorado must track an active legislative calendar alongside a high-demand rental market where Denver and Boulder regularly rank among the nation's priciest metros.
Security deposit limit
2 months' rent (C.R.S. § 38-12-102.5)
Deposit return deadline
30 days (up to 60 days by written lease)
Statewide rent control
None, local rent control also prohibited
Nonpayment eviction notice
10 days to pay or quit (C.R.S. § 13-40-107)
Colorado rental market snapshot
Population
~6.0 million (2025 estimate)
Renter households
~33.6% of households rent
Median rent
~$1,975 (2BR)
Largest rental markets
Denver, Colorado Springs, Aurora, Boulder, Fort Collins
Denver's median two-bedroom rent of roughly $1,975 sits well above the national median, giving Colorado tenants strong incentive to understand the deposit-cap and just-cause rules that the legislature has steadily tightened since 2023.
Since August 7, 2023, Colorado landlords have been prohibited from collecting a security deposit exceeding two months' rent under C.R.S. § 38-12-102.5. Before that change, Colorado imposed no statutory ceiling, leaving tenants exposed to unlimited upfront costs. The cap now gives renters in high-cost markets like Boulder and Denver a concrete ceiling, though landlords may still require first and last month's rent separately from the deposit itself.
Under C.R.S. § 38-12-103, landlords must return the deposit within 30 days of lease termination or surrender of the premises. A written lease may extend that window, but the extension cannot exceed 60 days. Regardless of timing, any withheld portion must be accompanied by a written statement listing the exact reasons for each deduction. Landlords who willfully withhold the deposit without justification face liability for three times the wrongfully retained amount plus attorney fees and court costs.
House Bill 25-1249, signed June 3, 2025 and effective January 1, 2026, added a significant new layer of tenant protections. Landlords may no longer deduct for normal wear and tear, pre-existing damage, carpet replacement unless the carpet is substantially damaged and was not replaced within the prior 10 years, or interior repainting unless the damage is substantial and irreparable. Landlords must provide documentation, including photos, invoices, and receipts, within 14 days of a tenant's written request. Either party may request a walk-through inspection before move-out to identify any disputed conditions before they become contested deductions.
Colorado has no statewide rent control or rent stabilization, and state law explicitly prohibits local governments from enacting their own rent control ordinances. This means cities like Denver, Boulder, and Fort Collins cannot cap how much a landlord may charge for a unit, regardless of local housing market pressures. The legislature has repeatedly considered and rejected rent stabilization measures, most recently in the 2025 session.
What Colorado does regulate is how and when a landlord may raise rent. Under C.R.S. § 38-12-701, landlords must provide at least 60 days' written notice before increasing rent on a residential tenancy with no written agreement. A landlord also cannot raise rent more than once in any 12-month period of consecutive occupancy by the same tenant, whether the tenancy is month-to-month, fixed-term, or indefinite. A notice to vacate that is served primarily to circumvent these notice requirements is prohibited.
Any rent increase must be reasonable, meaning it should reflect fair market rent as evidenced by comparable properties in the area, and cannot be retaliatory, discriminatory, or unconscionable. Tenants who believe a rent increase violates anti-retaliation or fair-housing protections may raise those claims as defenses in an eviction proceeding or file a complaint with the Colorado Civil Rights Division. For mobile home park residents, the same 60-day notice and 12-month frequency rules apply, with additional protections under the Mobile Home Park Act.
Colorado's eviction process is governed by C.R.S. Title 13, Article 40 (the Forcible Entry and Detainer statutes) and Title 38, Article 12. For nonpayment of rent, a landlord must serve the tenant with a written 10-day notice to pay the rent owed or vacate the premises before filing an eviction lawsuit in county court. The tenant has the full 10-day period to pay all outstanding rent and avoid eviction. If the tenant pays in full before the notice period expires, the landlord cannot proceed with the filing.
As of April 19, 2024, House Bill 24-1098 added a just-cause eviction requirement that applies once a tenant has resided in a unit for 12 months or more, regardless of lease type. Landlords must now have a recognized reason to terminate the tenancy, either fault-based, such as nonpayment, nuisance, or lease violations, or no-fault, such as owner move-in, substantial renovation, or withdrawal from the rental market. For no-fault terminations, additional notice periods and in some cases relocation assistance apply.
Self-help eviction is strictly prohibited under C.R.S. § 38-12-510. A landlord may not change locks, remove doors or windows, or shut off utilities as a means of forcing a tenant out. Tenants who are unlawfully removed or locked out are entitled to statutory damages equal to the greater of three times the monthly rent or $5,000, plus any additional actual damages, attorney fees, and court costs. A court may also order that possession be restored immediately. All evictions must proceed through the county court process with proper service and a hearing.
Colorado tenants have a statutory right to a habitable dwelling under C.R.S. § 38-12-503. Landlords must maintain rental units in a condition that meets basic health and safety standards, including functioning heat, running water, weatherproofing, and working plumbing and electrical systems. If a landlord fails to make required repairs after written notice, tenants have remedies that include repair-and-deduct for minor issues up to a defined threshold, rent withholding for serious habitability failures, and the right to terminate the lease without penalty.
Retaliation against tenants for exercising their legal rights is prohibited under C.R.S. § 38-12-509. A landlord may not raise rent, reduce services, or attempt to evict a tenant because the tenant filed a habitability complaint, contacted a government agency, joined a tenants' union, or exercised any other right under state law. A retaliatory action within 90 days of protected tenant activity creates a rebuttable presumption of retaliation in any subsequent eviction proceeding, shifting the burden to the landlord to demonstrate a legitimate, independent reason.
Colorado also protects tenants who are survivors of unlawful sexual behavior or domestic violence. Under C.R.S. § 38-12-401, qualified tenants may terminate a lease early without penalty by providing documentation of the qualifying event. Landlords must change the locks upon request and may not disclose a tenant's status as a survivor to third parties. Additional protections enacted in recent sessions cover source-of-income discrimination, rental application fee fairness, and restrictions on the use of algorithmic pricing tools for setting rent amounts.
This guide is general information, not legal advice. Governing statute: Colorado Revised Statutes Title 38, Article 12 - Tenants and Landlords. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
Colorado FAQ
Colorado law caps security deposits at two months' rent under C.R.S. § 38-12-102.5. This limit has been in place since August 7, 2023. Landlords may collect first and last month's rent in addition to a deposit, but the deposit itself cannot exceed two times the monthly rent.
A landlord must return your deposit within 30 days of lease termination or the date you surrender the unit, whichever is later. A written lease can extend that window to a maximum of 60 days. Any withheld amount must come with a written itemized statement of deductions. Landlords who wrongfully withhold the deposit face liability for three times the retained amount plus attorney fees.
No. Colorado has no statewide rent control, and state law also bans cities and counties from enacting their own rent control ordinances. Landlords may raise rent as often as once per 12-month period of consecutive occupancy and must give at least 60 days' written notice when no written lease agreement exists.
A landlord must serve a written 10-day notice to pay rent or vacate before filing an eviction lawsuit. The tenant has the full 10 days to pay all rent owed and stop the eviction. If the tenant does not pay or move out, the landlord may then file an unlawful detainer action in county court.
If you have lived in the unit for 12 months or more, Colorado's just-cause eviction law (HB24-1098, effective April 2024) requires the landlord to have a recognized reason to terminate your tenancy. Acceptable reasons include nonpayment of rent, lease violations, owner move-in, or substantial renovation. Landlords cannot evict long-term tenants arbitrarily or to re-rent at a higher rate without meeting one of the statutory just-cause grounds.
Self-help eviction is illegal in Colorado under C.R.S. § 38-12-510. If a landlord locks you out or cuts off utilities without a court order, you are entitled to statutory damages equal to the greater of three times your monthly rent or $5,000, plus actual damages, attorney fees, and costs. A court can also order your immediate return to the unit. You can seek emergency relief in county or district court.
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