Under Colorado pet deposit laws, a landlord who allows pets can charge you no more than a $300 refundable pet deposit and monthly pet rent of either $35 or 1.5% of your rent, whichever is greater. These caps took effect January 1, 2024, under C.R.S. § 38-12-106, and they apply to every residential lease in the state.1Justia Law. Colorado Revised Statutes Section 38-12-106 A landlord who wrongfully holds the deposit can be ordered to pay triple what they kept, plus your attorney fees.
The $300 Pet Deposit Cap
A landlord who permits pets cannot demand more than $300 as a pet-related security deposit, and that money has to be refundable.1Justia Law. Colorado Revised Statutes Section 38-12-106 It is a one-time charge collected as a condition of letting your animal live at the property, not something a landlord can bill again at lease renewal or when you add a second pet.
The cap is per tenant, not per pet. Whether you have one cat or three dogs, your total pet deposit tops out at $300. Landlords also cannot work around the limit by charging a separate deposit for each animal or by relabeling the charge as a “pet fee” instead of a deposit. A lease clause demanding $500 or $1,000 for pets exceeds what the statute allows and is unenforceable.
The statute defines “pet animal” by cross-referencing C.R.S. § 35-80-102, which covers dogs, cats, rabbits, and similar domesticated companion animals. Exotic animals or livestock may fall outside the definition, so the $300 cap might not reach them.
Monthly Pet Rent Limits
On top of the deposit, a landlord can charge a recurring monthly fee for having a pet. The ceiling is $35 per month or 1.5% of your monthly rent, whichever number is higher.1Justia Law. Colorado Revised Statutes Section 38-12-106 A few examples show how that works in practice:
- At $2,000 rent, 1.5% equals $30, so the $35 flat cap applies.
- At $2,334 rent, 1.5% equals $35, where both formulas meet.
- At $3,000 rent, 1.5% equals $45, so the landlord can charge up to $45.
Pet rent is not refundable. It functions the same as regular rent. The statute does not spell out whether the cap applies per pet or per household, but the language mirrors the deposit provision and refers to rent charged “as a condition of permitting the tenant’s pet animal to reside” at the property, which reads as a single cap per tenancy.
Getting Your Pet Deposit Back
Because the statute calls the pet deposit an “additional security deposit,” it follows the same return rules as your standard security deposit under C.R.S. § 38-12-103. Your landlord has one month after the lease ends or you surrender the unit, whichever comes last, to return the full amount. A lease can extend that deadline, but never past 60 days.2Justia Law. Colorado Revised Statutes Section 38-12-103
If the landlord keeps any portion, they have to send you a written statement listing the exact reasons for each deduction along with a check for the balance. Normal wear and tear is never a valid reason to withhold money. Legitimate pet-damage deductions usually involve things like deep carpet stains, scratched hardwood, or chewed trim that go beyond ordinary use.
One thing to understand: the $300 pet deposit does not cap your total liability. If your pet causes $2,000 in damage, the landlord can take the $300 pet deposit, draw from your general security deposit, and still sue you for anything left over. The $300 is a cap on what you pay upfront, not on what you owe.
What Happens If a Landlord Overcharges or Won’t Return the Deposit
Colorado’s deposit return rules carry real penalties. A landlord who fails to send the written statement of deductions on time forfeits the right to keep any part of the deposit.2Justia Law. Colorado Revised Statutes Section 38-12-103
If the retention is willful, the exposure goes up. A landlord who wrongfully holds your deposit can be ordered to pay three times the amount wrongfully withheld, plus your reasonable attorney fees and court costs. Before filing suit, you have to give the landlord written notice at least seven days in advance that you intend to take legal action. In court, the landlord carries the burden of proving the withholding was justified, not you.
These penalties apply equally to the pet deposit and the general security deposit, since the pet deposit is legally part of the same pool of refundable security funds.
How the Pet Deposit Stacks With Your Regular Security Deposit
Colorado also caps the general security deposit at two months’ rent under C.R.S. § 38-12-102.5. The $300 pet deposit sits on top of that. At $2,000 rent, the landlord could collect up to $4,000 as a standard security deposit plus $300 for the pet deposit, bringing the refundable total to $4,300 before first month’s rent or any other move-in costs. When you move out, both deposits come back under the same deadline and the same written-statement requirement.
Landlords Can Still Refuse Pets
Nothing in the statute forces a landlord to accept pets. The law only limits what a landlord can charge when they choose to allow animals. A “no pets” policy remains legal in Colorado, and landlords can restrict specific breeds or species as a condition of the tenancy. If you are apartment hunting with a pet, the deposit and rent caps only kick in after you find a landlord willing to have animals on the property.
Service and Emotional Support Animals Are Exempt
Federal fair housing law draws a hard line between pets and assistance animals. Under the Fair Housing Act, an assistance animal is not a pet, which means landlords cannot charge a pet deposit, pet rent, or any other pet-related fee for a service animal or an emotional support animal.3U.S. Department of Housing and Urban Development. Assistance Animals This rule also overrides a no-pets policy: even if a lease bans animals entirely, a landlord has to grant a reasonable accommodation for a qualified assistance animal.
If your disability and your need for the animal are not obvious, the landlord can ask for reliable information confirming the disability-related need, which usually means a letter from a healthcare provider. Once the need is verified, no fees apply and no pet restrictions can be enforced. Landlords can still hold you responsible for any damage the assistance animal causes, the same as they would for damage caused by any tenant. They just cannot demand money upfront as a condition of allowing the animal.