Colorado landlord responsibilities run from the day you list a unit through the day a tenant moves out, and the state has tightened most of the key rules in recent years. You must deliver and maintain a habitable unit, cap and promptly return security deposits, limit what you charge in application and late fees, give proper notice before entering or raising rent, use the court process for every eviction, avoid any action that looks like retaliation, and follow anti-discrimination rules that reach further than federal law. Miss a deadline or skip a step, and the penalties include treble damages, lost deposits, dismissed eviction cases, and attorney fees.
Keep the Unit Habitable
Every residential lease in Colorado carries an implied warranty of habitability that applies when the tenant moves in and for the entire tenancy. You cannot waive it in the lease, and a clause that tries to do so is unenforceable.1Justia. Colorado Code 38-12-503 – Warranty of Habitability – Notice – Landlord Obligations
A separate statute lists the conditions that make a unit uninhabitable. In practice, you are responsible for working plumbing, running water, enough hot water, functioning heat and electrical lighting, waterproof roofs and exterior walls with unbroken windows and doors, any appliances you provide, pest extermination for rodents and insects, working locks on exterior doors and security devices on operable windows, floors and stairways in good repair, clean common areas with adequate trash receptacles, and compliance with building, housing, and health codes where a violation would materially threaten a tenant’s life, health, or safety.2Justia. Colorado Code 38-12-505 – Uninhabitable Residential Premises
Mold Response Within 96 Hours
Mold has its own clock. If dampness-related mold could materially interfere with a tenant’s health or safety, you have 96 hours after receiving written notice to contain the affected area, stop active water sources feeding the mold, and deploy a HEPA filtration device. Full remediation, including decontamination and moisture control, must follow within a reasonable time.3Colorado Public Law. Colorado Code 38-12-503 – Warranty of Habitability
Security Deposits: Caps, Deadlines, and Deductions
Colorado currently caps security deposits at two months’ rent. Starting August 6, 2026, the cap drops to one month’s rent under legislation signed in June 2025. If you are collecting a deposit anywhere near that date, confirm which limit applies before you quote a figure.
When a tenancy ends, you have one month to return the full deposit unless the lease specifies a longer window. Even with that written extension, the absolute outside limit is 60 days from lease termination or the tenant’s surrender of the unit, whichever is later.4Justia. Colorado Code 38-12-103 – Return of Security Deposit
If you withhold any part of the deposit, you must send the tenant a written statement listing the exact reasons for each deduction and pay whatever balance is left. Unpaid rent and damage beyond normal wear and tear are the usual grounds. Minor wall scuffs, light carpet wear from everyday use, and small nail holes from hanging pictures are normal wear and cannot be charged back.
Blow the deadline or skip the itemization, and you forfeit the right to keep any of it. Willfully and wrongfully withholding deposit funds exposes you to triple the amount retained, plus the tenant’s attorney fees and court costs.4Justia. Colorado Code 38-12-103 – Return of Security Deposit
What You Can Charge Applicants
Any application fee you charge must reflect your actual cost of processing the application, or the average per-applicant cost across multiple applications. You cannot keep the difference; any unused portion must be refunded within 20 calendar days.5Justia. Colorado Code 38-12-903 – Rental Application Fee – Limitations
Every applicant for the same unit, or for any unit you are offering at the same time, must pay the same fee. And if a prospective tenant provides a portable tenant screening report, you cannot charge an application fee at all.5Justia. Colorado Code 38-12-903 – Rental Application Fee – Limitations
Late Fees
You cannot charge a late fee until rent is at least seven calendar days past due. Once that grace period passes, the maximum fee is the greater of $50 or 5 percent of the overdue rent.6Colorado Public Law. Colorado Code 38-12-105 – Late Fees Charged to Tenants and Mobile Home Owners Stacking multiple late fees for a single missed payment or charging daily penalties is not allowed.
Rent Increase Notice
For month-to-month or oral rental agreements, you must give the tenant at least 60 days’ written notice before any rent increase takes effect under CRS 38-12-701. You also cannot sidestep the rule by demanding the tenant move out instead of giving proper notice. For a fixed-term written lease, the lease controls when and how rent can change, and the lease itself can serve as notice if it already specifies a future increase.
Entering the Unit
Colorado does not have one broad entry statute. Notice rules depend on the reason for entering.
Habitability Entries
When you need to enter to address a habitability condition, give at least 24 hours’ advance written notice. The notice must state the date and time of entry and a reasonable estimate of how long you or a contractor will need inside. The tenant can decline the proposed time and suggest an alternative, and you have to work with them to find a reasonable slot.1Justia. Colorado Code 38-12-503 – Warranty of Habitability – Notice – Landlord Obligations
The notice requirement drops away when a condition poses an imminent threat to life, health, or safety, or when immediate action is needed to prevent substantial property damage. A burst pipe or a gas leak both qualify.
Bed Bug Inspections and Treatment
For bed bug inspection or treatment entries, you (or an inspector or pest control agent) must give at least 48 hours’ written or electronic notice. The lease can set a different minimum. The tenant cannot unreasonably refuse access once proper notice has been given.7Justia. Colorado Code 38-12-1004 – Bed Bugs – Access to Dwelling Unit and Personal Belongings – Notice – Costs
Other Entries
For routine inspections, showings, and non-emergency maintenance, Colorado law relies on what your lease says and on the tenant’s common-law right to quiet enjoyment. Most well-drafted leases include a 24-hour notice provision, and that is the practical standard. If your lease is silent, give at least 24 hours’ written notice.
How to Evict a Tenant Legally
Every residential eviction in Colorado goes through the court, and the sheriff carries out the removal. Changing locks or shutting off utilities to force a tenant out is illegal, even if the tenant clearly owes rent.
The Notice
For nonpayment of rent, serve a written 10-day notice demanding that the tenant pay the outstanding rent or vacate. A 10-day notice also applies to lease violations, giving the tenant 10 days to cure or surrender possession, and to nuisance behavior disturbing other residents.8Justia. Colorado Code 13-40-104 – Unlawful Detention of Real Property – Grounds for Action
Filing and Hearing
If the tenant neither pays nor leaves after the notice period, you file a Summons and Complaint in the county court where the property sits. The tenant must be served with copies at least seven days before the court date. Both sides can present evidence at the hearing.
Writ of Restitution
If the court rules for you, the judge issues a judgment for possession. The court cannot issue a writ of restitution until at least 48 hours after that judgment. Once issued, the sheriff still cannot execute it for at least 10 days after the judgment date. For tenants receiving Supplemental Security Income, Social Security disability benefits, or cash assistance through Colorado Works, the waiting period extends to 30 days.9FindLaw. Colorado Code 13-40-122 – Writ of Restitution
Only a sheriff, undersheriff, or deputy can execute the writ, and only during daytime hours between sunrise and sunset.
Don’t Retaliate
Colorado prohibits retaliation against tenants who exercise legal rights. The tenant is protected when they make a good-faith complaint about habitability (to you, a government agency, or a third party), join or organize a tenants’ association, or use any remedy under the warranty of habitability.10Justia. Colorado Code 38-12-509 – Prohibition of Retaliation
Prohibited retaliation includes raising rent, cutting services, terminating or refusing to renew the lease, threatening or filing an eviction, or charging any new fee or penalty. The tenant does not have to prove retaliation was your only motive. Showing it was a motivating factor is enough.10Justia. Colorado Code 38-12-509 – Prohibition of Retaliation
A landlord found to have retaliated owes the tenant damages equal to three months’ rent or three times the tenant’s actual damages, whichever is greater, plus reasonable attorney fees and costs. The tenant can also terminate the lease. Landlords get caught here most often when they raise rent shortly after a habitability complaint, even when the increase was planned beforehand.
Fair Housing in Colorado
You must comply with federal and state anti-discrimination laws, and the state’s list of protected classes is longer than the federal one. The federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. Colorado adds ancestry, creed, marital status, sexual orientation (defined by the state to include transgender status), and source of income.11Colorado Civil Rights Division. Housing Discrimination
Source of income is the one that trips up the most landlords. You generally cannot reject an applicant solely because their income comes from housing vouchers, Social Security, child support, or other non-employment sources. Screening criteria should turn on whether the applicant can reliably pay, not where the money comes from.
Service and Assistance Animals
Under the Fair Housing Act, you must make reasonable accommodations for tenants with disabilities who need assistance animals. For trained service animals, the obligation to waive no-pet policies and pet fees remains in place under both federal and state law. When a disability or the need for the animal is not obvious, you may ask for reliable supporting documentation.
HUD issued guidance in May 2026 narrowing its enforcement posture on emotional support animals: the agency will no longer pursue Fair Housing Act complaints involving emotional support animals that have not been individually trained to perform specific disability-related tasks.12U.S. Department of Housing and Urban Development (HUD). Assistance Animals That change does not override state law, so check whether Colorado or local rules still require accommodation for emotional support animals before applying the narrower federal standard.
Lead Paint Disclosures for Pre-1978 Rentals
If the rental was built before 1978, federal law requires specific disclosures before the tenant signs. You must provide a copy of the EPA pamphlet “Protect Your Family From Lead In Your Home,” disclose any known lead-based paint or hazards in the unit, share all available inspection reports, and include a Lead Warning Statement in the lease itself in the same language as the rest of the lease. Keep signed copies for at least three years after the lease begins.13US EPA. Real Estate Disclosures about Potential Lead Hazards
Several exemptions apply. Zero-bedroom units like studios and lofts are exempt unless a child under six lives there. Short-term rentals of 100 days or fewer with no renewal option are exempt. Senior or disability housing is exempt unless a child under six is expected to live there. Units that a certified inspector has confirmed are lead-free are also exempt.13US EPA. Real Estate Disclosures about Potential Lead Hazards