Tenant Rights in Colorado

Security Deposits

• Maximum amountNo statutory limit (unless the lease is subject to specific local rules). Landlords may charge any reasonable amount.
• Return deadline30 days after lease termination (unless the lease specifies up to 60 days). If the landlord retains any portion, an itemized statement must be provided within 30 days.

Landlord may deduct for unpaid rent, damages beyond normal wear and tear, cleaning, and other charges specified in the lease. Must provide a written itemized statement.

Eviction Process

• Notice requirements10-day notice for nonpayment of rent (tenant has the right to cure within the 10-day period). 10-day notice for substantial lease violation. 21-day notice for a repeated substantial violation within 12 months.
• Judicial eviction requiredYes
• Estimated timeline3 to 6 weeks for uncontested cases.

Rent Control

Colorado law (C.R.S. § 38-12-301) preempted local rent control until 2019 when the preemption was partially repealed. However, no statewide rent control exists and no local jurisdictions have enacted rent control as of this date.

Repair and Habitability

• Repair and deductAllowed
• Rent withholdingAllowed
• Retaliation protectionYes

Lease Termination

• Month-to-month notice21 days' written notice for month-to-month tenancies (increased from 10 days under recent legislation).

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to re-rent. Victims of domestic violence or stalking may terminate with written notice. Military members may terminate under the SCRA.

Key Statutes

• Colorado Security Deposit Act: C.R.S. § 38-12-101 to 38-12-104
• Warranty of Habitability: C.R.S. § 38-12-503 to 38-12-511
• Eviction (Forcible Entry and Detainer): C.R.S. § 13-40-101 et seq.
• Retaliation: C.R.S. § 38-12-509

When to Get Legal Help

• You're facing eviction, especially with short notice
• Your landlord is withholding a large security deposit
• You believe you're being discriminated against
• Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Colorado

Frequently Asked Questions

• Is there a security deposit limit in Colorado?

  Colorado does not set a statutory maximum for security deposits. Landlords may charge any amount, though market practice is typically one to two months' rent.

• How much notice is required to evict for nonpayment in Colorado?

  A landlord must provide a 10-day demand for rent or possession. The tenant has the right to cure by paying the full amount due within the 10-day period. If the tenant does not pay, the landlord can then file an eviction lawsuit.

• Can I withhold rent for habitability issues in Colorado?

  Yes. Under the Colorado Warranty of Habitability statute (C.R.S. § 38-12-507), if the landlord fails to address conditions that materially affect health and safety after written notice, the tenant may withhold rent or terminate the lease.

• Does Colorado have rent control?

  No. Although the state repealed its preemption of local rent control in 2019, no statewide rent control law exists and no local jurisdiction has enacted rent control ordinances.

Sources

• Colorado Revised Statutes Title 38 - Property