Colorado landlord and tenant rules
The figures that decide most disputes between Colorado landlords and tenants, each with a calculator and the statute behind it.
| Rule | Colorado | Statute | Tool |
|---|---|---|---|
| Maximum security deposit | 2 months' rent (effective August 7, 2023); a separate refundable pet deposit is capped at $300 | Colo. Rev. Stat. § 38-12-102.5; § 38-12-103(1); § 38-12-106 | Deposit rules |
| Deposit return deadline | One month after termination of the lease or surrender and acceptance of the premises, whichever occurs last; the lease may specify a longer period not exceeding 60 days | Colo. Rev. Stat. § 38-12-102.5; § 38-12-103(1); § 38-12-106 | Deposit rules |
| Interest on the deposit | Not required | Colo. Rev. Stat. § 38-12-102.5; § 38-12-103(1); § 38-12-106 | |
| Maximum late fee | Greater of $50 or 5% after a 7-day grace period | Colo. Rev. Stat. § 38-12-105(1) | Late fee calculator |
| Landlord notice, month-to-month | 21 days (just cause required) | Colo. Rev. Stat. § 13-40-107; § 38-12-701; § 13-40-104(1)(d); § 38-12-1301 to -1309 | Notice calculator |
| Tenant notice, month-to-month | 21 days | Colo. Rev. Stat. § 13-40-107; § 38-12-701; § 13-40-104(1)(d); § 38-12-1301 to -1309 | Notice calculator |
| Rent increase notice | 60 days | Colo. Rev. Stat. § 13-40-107; § 38-12-701; § 13-40-104(1)(d); § 38-12-1301 to -1309 | Notice calculator |
| Pay-or-quit notice | 10 days | Colo. Rev. Stat. § 13-40-107; § 38-12-701; § 13-40-104(1)(d); § 38-12-1301 to -1309 | Notice calculator |
| Rent increase cap | None statewide |
Security deposits in Colorado
Colorado limits security deposits to 2 months' rent (effective August 7, 2023); a separate refundable pet deposit is capped at $300. The deposit must be returned one month after termination of the lease or surrender and acceptance of the premises, whichever occurs last; the lease may specify a longer period not exceeding 60 days, with an itemised list of any deductions. No interest is owed on the deposit under state law. Cap of 2 months' rent enacted by SB23-184 (effective Aug 7, 2023). HB25-1249 (signed June 3, 2025, effective Jan 1, 2026) amends § 38-12-103: deposits are tenant property held by the landlord as fiduciary custodian; no deductions for normal wear and tear or pre-existing damage; landlord must furnish supporting documentation (photos, invoices, estimates) within 14 days of a tenant's written request; carpet/paint deduction limits; walk-through inspection on request. The legislature's bill page and public.law text (current through Fall 2025) show the cap still at 2 months; a secondary blog claim that HB25-1249 cut the cap to 1 month could not be confirmed and the signed-act PDF host blocked download, so treat the 2-month figure as the verified statute text. 'One month' return period is recorded as 30 days. Full deposit rules and move-out checklist.
Late fees in Colorado
Colorado caps late fees at the greater of $50.00 or 5% of the monthly rent. Rent must be at least 7 days late before any fee may be charged. Calculate the maximum fee.
Notice periods in Colorado
A Colorado landlord must give 21 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. The state requires a lawful reason (just cause) to end most tenancies, so notice alone is not enough. A rent increase needs 60 days’ notice. For nonpayment, the landlord must serve a 10-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.
Sources
- https://codes.findlaw.com/co/title-38-property-real-and-personal/co-rev-st-sect-38-12-102-5/
- https://colorado.public.law/statutes/crs_38-12-102.5
- https://codes.findlaw.com/co/title-38-property-real-and-personal/co-rev-st-sect-38-12-103/
- https://colorado.public.law/statutes/crs_38-12-103
- https://codes.findlaw.com/co/title-38-property-real-and-personal/co-rev-st-sect-38-12-106/
- https://codes.findlaw.com/co/title-38-property-real-and-personal/co-rev-st-sect-38-12-105/
- https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-40-104/
- https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-40-107/
- https://codes.findlaw.com/co/title-38-property-real-and-personal/co-rev-st-sect-38-12-701/
- https://codes.findlaw.com/co/title-38-property-real-and-personal/co-rev-st-sect-38-12-1302/
- https://codes.findlaw.com/co/title-38-property-real-and-personal/co-rev-st-sect-38-12-1303/
- https://leg.colorado.gov/bills/hb25-1249
- https://www.ottenjohnson.com/insight/changes-to-the-colorado-security-deposit-statute-to-take-effect-january-1-2026/
- https://www.robinsonandhenry.com/blog/real-estate/security-deposit-laws/
Frequently asked questions
How much can a landlord charge for a security deposit in Colorado?
2 months' rent (effective August 7, 2023); a separate refundable pet deposit is capped at $300. Cap of 2 months' rent enacted by SB23-184 (effective Aug 7, 2023). HB25-1249 (signed June 3, 2025, effective Jan 1, 2026) amends § 38-12-103: deposits are tenant property held by the landlord as fiduciary custodian; no deductions for normal wear and tear or pre-existing damage; landlord must furnish supporting documentation (photos, invoices, estimates) within 14 days of a tenant's written request; carpet/paint deduction limits; walk-through inspection on request. The legislature's bill page and public.law text (current through Fall 2025) show the cap still at 2 months; a secondary blog claim that HB25-1249 cut the cap to 1 month could not be confirmed and the signed-act PDF host blocked download, so treat the 2-month figure as the verified statute text. 'One month' return period is recorded as 30 days.
What is the maximum late fee for rent in Colorado?
Greater of $50 or 5%. No late fee until rent is at least 7 calendar days late; the fee may not exceed the greater of $50 or 5% of the past-due rent. Fee must be disclosed in the lease, only one fee per late payment, no interest on late fees, no eviction or lease termination for unpaid late fees alone, and the fee must be noticed in writing within 180 days of the due date.
How much notice does a landlord have to give a tenant to move out in Colorado?
21 days’ written notice for a month-to-month tenancy. 21 days' written notice for a tenancy of one month or longer but less than 6 months; 28 days for 6 months to 1 year; 91 days for 1 year or longer (§ 13-40-107(1)). After 12 months of occupancy, HB24-1098 (§ 38-12-1303) bars a landlord from terminating or refusing to renew without cause; no-fault grounds (demolition/conversion, substantial repairs, owner or family move-in, sale of a single-family home/townhome/duplex/triplex/condo, tenant refusal of reasonable renewal terms, repeated late payment) require 90 days' notice. The landlord also needs a lawful reason.
How long is a pay-or-quit notice in Colorado?
10 days. The tenant can stop the eviction by paying the full amount within that time.
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