Renting in Colorado
Your rights as a tenant in Colorado
In Colorado, the security deposit can be up to 2 months of rent. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Colorado
- Maximum deposit
- Up to 2 months of rent
- C.R.S. §38-12-102.5
- Notice for late rent
- 10 days
- C.R.S. §13-40-104(1)(d)
- Month-to-month notice
- 21 days
- C.R.S. §13-40-107(2)
What the law says
The rules, one by one
The basic rules for renting in Colorado, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
Up to 2 months of rent
Since August 7, 2023, a landlord cannot require a security deposit of more than two monthly rent payments under your rental agreement.
What the law says · C.R.S. §38-12-102.5
“On and after August 7, 2023, a landlord shall not require a tenant to submit a security deposit in an amount that exceeds the amount of two monthly rent payments under the rental agreement.”
Source: Colorado General Assembly (Colorado Revised Statutes 2024, Title 38) · Verified on October 23, 2026
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When must they return my deposit?
The landlord must return the deposit within one month after the lease ends or you surrender the home, whichever is later. The lease may set a longer period, but never more than 60 days. If anything is kept, you must get a written statement of the exact reasons.
What the law says · C.R.S. §38-12-103(1)
“A landlord shall, within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited with the landlord by the tenant, unless the lease agreement specifies a longer period of time, but not to exceed sixty days. No security deposit shall be retained to cover normal wear and tear.”
Source: Colorado General Assembly (Colorado Revised Statutes 2024, Title 38) · Verified on October 23, 2026
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If I fall behind on rent, what notice must I get?
10 days
If you owe rent, the landlord must serve a written 10-day notice giving you the choice to pay or give up the home before suing. A lease cannot waive this notice.
What the law says · C.R.S. §13-40-104(1)(d)
“When such tenant or lessee holds over without permission of the tenant's or lessee's landlord after any default in the payment of rent pursuant to the agreement under which the tenant or lessee holds, and, ten days' notice in writing has been duly served upon the tenant or lessee holding over, requiring in the alternative the payment of the rent or the possession of the premises; except that, for a nonresidential agreement or an employer-provided housing agreement, three days' notice is required pursuant to this section, and for an exempt residential agreement, five days' notice is required pursuant to this section. No such agreement shall contain a waiver by the tenant of the notice requirement of this subsection (1)(d).”
Source: Colorado General Assembly (Colorado Revised Statutes 2024, Title 13) · Verified on October 23, 2026
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How much notice ends a month-to-month rental?
21 days
To end a periodic tenancy, written notice must be served before the period ends: 21 days for a tenancy of one to six months, 28 days for six months to a year, and 91 days for a year or longer. Since 2024, for most homes a landlord may end or not renew only for a cause the law allows; these periods apply to the tenant's notice and to exempt premises.
What the law says · C.R.S. §13-40-107(2)
“(a) A tenancy for one year or longer, at least ninety-one days; (b) A tenancy of six months or longer but less than a year, at least twenty-eight days; (c) A tenancy of one month or longer but less than six months, at least twenty-one days; (d) A tenancy of one week or longer but less than one month, or a tenancy at will, at least three days; (e) A tenancy for less than one week, at least one day.”
Source: Colorado General Assembly (Colorado Revised Statutes 2024, Title 13) · Verified on October 23, 2026
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Are there limits on late fees?
A landlord cannot charge a late fee until rent is at least 7 calendar days late. The fee cannot exceed $50 or 5 percent of the past-due rent, whichever is greater, and must be in the rental agreement. You cannot be evicted only for not paying a late fee.
What the law says · C.R.S. §38-12-105(1)(a)-(c)
“(a) Charge a tenant or home owner a late fee unless a rent payment is late by at least seven calendar days; (b) Charge a tenant or home owner a late fee in an amount that exceeds the greater of: (I) Fifty dollars; or (II) Five percent of the amount of the past due rent payment; (c) Require a tenant or home owner to pay a late fee unless the late fee is disclosed in the rental agreement”
Source: Colorado General Assembly (Colorado Revised Statutes 2024, Title 38) · Verified on October 23, 2026
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How much notice before a rent increase?
60 days
If you have no written agreement with the landlord, the landlord can raise your rent only with at least 60 days' written notice.
What the law says · C.R.S. §38-12-701(2)(a)
“(2) (a) Notwithstanding any other law, in a residential tenancy in which there is no written agreement between the landlord and tenant, a landlord may increase the rent only upon at least sixty days' written notice to the tenant.”
Source: Colorado General Assembly – Colorado Revised Statutes 2024, Title 38 · Verified on November 6, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
It is unlawful for a landlord to remove or lock you out without going to court, except by mutual consent, after abandonment or for an illegal-drug-lab cleanup. Willfully shutting off utilities or removing doors, windows or locks counts as an unlawful removal.
What the law says · C.R.S. §38-12-510(1)
“It is unlawful for a landlord to remove or exclude a tenant from a dwelling unit without resorting to court process, unless the removal or exclusion is consistent with article 18.5 of title 25 and the rules promulgated by the state board of health for the cleanup of an illegal drug laboratory; is with the mutual consent of the landlord and tenant; or unless the dwelling unit has been abandoned by the tenant … Unlawful removal or exclusion includes the willful termination of utilities or the willful removal of doors, windows, or locks to the premises other than as required for repair or maintenance.”
Colorado General Assembly (Colorado Revised Statutes 2024, Title 38)
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Protection from retaliation
Yes: state law says so
A landlord may not retaliate (raise rent, cut services, end or not renew the lease, sue you or charge fees) because you complained in good faith about a housing condition, joined a tenants' association or exercised a habitability right. You can raise it as a defense to an eviction.
What the law says · C.R.S. §38-12-509(1)(a)
“A landlord shall not retaliate against a tenant by engaging in any of the activities specified in subsection (1)(b) of this section in response to the tenant: (I) Having made a good faith complaint to the landlord, to a nonprofit organization or third party, or to a governmental agency alleging a condition described by section 38-12-505 (1) or any condition that materially interferes with the life, health, or safety of the tenant; (II) Organizing or becoming a member of a tenants' association or similar organization; or (III) Exercising or attempting to exercise in good faith any right or remedy afforded to a tenant pursuant to section 38-12-507.”
Colorado General Assembly (Colorado Revised Statutes 2024, Title 38)
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Protection related to immigration status
Yes: state law says so
Since January 1, 2021, a landlord may not ask for or collect information about your immigration or citizenship status, threaten to disclose it, refuse to rent to you or sue to evict you on that basis.
What the law says · C.R.S. §38-12-1203(1)
“On and after January 1, 2021, except as otherwise provided in this section or required by law or court order, a landlord shall not: (a) Demand, request, or collect information regarding or relating to the immigration or citizenship status of a tenant; except that a landlord that is also the tenant's employer may lawfully collect information required to complete any employment form required by state or federal law; (b) Disclose or threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant to any person, entity, or immigration or law enforcement agency”
Colorado General Assembly (Colorado Revised Statutes 2024, Title 38)
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Repair and deduct from the rent
Yes: state law says so
If a condition breaches the warranty of habitability, you may give at least 10 days' written notice (48 hours if it materially affects life, health or safety) that you will hire a qualified professional; if the landlord does not fix it within that time, you may hire the professional and deduct the cost from rent, providing the receipt.
What the law says · C.R.S. §38-12-507(1)(c)(I)
“The tenant may deduct from one or more rent payments the cost of repairing or remedying a condition that is the basis of a breach of the warranty of habitability, as described in section 38-12-503, if: (A) The tenant gives the landlord at least ten days' advance written notice of the tenant's intent to hire a licensed or otherwise qualified professional to remedy or repair the condition or conditions; except that the tenant may provide only forty-eight hours' advance written notice if the tenant has a good faith belief that the condition materially interferes with the tenant's life, health, or safety; (B) The landlord fails to sufficiently remedy or repair the condition within the notice period”
Colorado General Assembly (Colorado Revised Statutes 2024, Title 38)
Eviction
How an eviction works in Colorado
Step by step, with the time periods the law sets. No landlord can skip the court.
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Written 10-day notice to pay or vacate
at least 10 days
What the law says · C.R.S. §13-40-104(1)(d)
“ten days' notice in writing has been duly served upon the tenant or lessee holding over, requiring in the alternative the payment of the rent or the possession of the premises”
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Complaint and summons; appearance set 7 to 14 days later
7 to 14 days
What the law says · C.R.S. §13-40-111(1)
“The summons must command the defendant to appear before the court at a place named in the summons and at a time and on a day not less than seven days but not more than fourteen days after the day of issuing the same to answer the complaint of plaintiff. A court shall not enter a default judgment for possession before the close of business on the date upon which an appearance is due.”
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Paying everything the notice demands stops the case until judgment
What the law says · C.R.S. §13-40-115(4)
“A landlord who provides a tenant with proper notice of nonpayment shall accept payment of the tenant's full payment of all amounts due according to the notice, as well as any rent that remains due under the rental agreement, at any time until a judge issues a judgment for possession pursuant to subsection (1) or (2) of this section. A tenant may pay this amount to either the landlord or to the court.”
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Trial and judgment for restitution
What the law says · C.R.S. §13-40-115(2)
“If the court finds that the defendant has committed an unlawful detainer, the court shall enter judgment for the plaintiff to have restitution of the premises and shall issue a writ of restitution.”
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Writ of restitution, not before 48 hours after judgment
at least 2 days
What the law says · C.R.S. §13-40-122(1)(a)
“A court shall not issue a writ of restitution upon any judgment entered in any action pursuant to this article 40 until forty-eight hours after the time of the entry of the judgment.”
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Sheriff executes the writ, not before 10 days after judgment
at least 10 days
What the law says · C.R.S. §13-40-122(1)(b)
“A writ of restitution must be executed by the officer having the same only in the daytime and between sunrise and sunset, and the officer shall not execute a writ of restitution concerning a residential tenancy until at least ten days after entry of the judgment”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Colorado Civil Rights Division and the protections state law adds
The Colorado Civil Rights Division (CCRD) enforces the state fair housing law, and most of its cases are also filed with HUD. Colorado law protects more groups than federal law: ancestry, creed, marital status, sexual orientation and source of income. Since August 10, 2022 it also protects veteran or military status. And it covers more homes: federal law does not apply to owner-occupied buildings with four or fewer units.
Colorado Civil Rights Division (CCRD)Frequently asked questions
How much can a landlord charge for a deposit in Colorado?
Since August 7, 2023, a landlord cannot require a security deposit of more than two monthly rent payments under your rental agreement. (C.R.S. §38-12-102.5)
When must a deposit be returned in Colorado?
The landlord must return the deposit within one month after the lease ends or you surrender the home, whichever is later. The lease may set a longer period, but never more than 60 days. If anything is kept, you must get a written statement of the exact reasons. (C.R.S. §38-12-103(1))
What notice is required for late rent in Colorado?
If you owe rent, the landlord must serve a written 10-day notice giving you the choice to pay or give up the home before suing. A lease cannot waive this notice. (C.R.S. §13-40-104(1)(d))
How much notice ends a month-to-month rental in Colorado?
To end a periodic tenancy, written notice must be served before the period ends: 21 days for a tenancy of one to six months, 28 days for six months to a year, and 91 days for a year or longer. Since 2024, for most homes a landlord may end or not renew only for a cause the law allows; these periods apply to the tenant's notice and to exempt premises. (C.R.S. §13-40-107(2))
Are there limits on late fees in Colorado?
A landlord cannot charge a late fee until rent is at least 7 calendar days late. The fee cannot exceed $50 or 5 percent of the past-due rent, whichever is greater, and must be in the rental agreement. You cannot be evicted only for not paying a late fee. (C.R.S. §38-12-105(1)(a)-(c))
How much notice before a rent increase in Colorado?
If you have no written agreement with the landlord, the landlord can raise your rent only with at least 60 days' written notice. (C.R.S. §38-12-701(2)(a))
A summary of state law, not legal advice. Cities may have additional rules.