Colorado landlord-tenant law at a glance
Colorado landlord-tenant law is mostly in Title 38, Article 12 and Title 13, Article 40 of the Colorado Revised Statutes. The table collects the rules apartment owners ask about most.
| Topic | Colorado rule | Where it comes from |
|---|---|---|
| Ending a month-to-month tenancy | 21 days’ written notice; 91 days for a tenancy of a year or longer | C.R.S. 13-40-107 |
| Cause requirement | Needed once the tenant has been in the unit 12 months, with listed exemptions | HB24-1098, C.R.S. 38-12-1302 and 1303 |
| Nonpayment or lease violation | 10-day demand for compliance or possession | C.R.S. Title 13, Article 40 |
| Security deposit cap | Two months’ rent; pet deposit up to $300, refundable | C.R.S. 38-12-102.5, 38-12-106 |
| Deposit return deadline | 30 days from January 1, 2026, or up to 60 days if the lease says so | HB25-1249, C.R.S. 38-12-103 |
| Late fees | Not until 7 days late; no more than the greater of $50 or 5% of past-due rent | SB21-173 |
| Rent increases | Once per 12 months; 60 days’ written notice if there is no written lease | HB21-1121, C.R.S. 38-12-701 |
| Rent control | Cities and counties barred from enacting it | C.R.S. 38-12-301 |
How much notice does a landlord have to give in Colorado?
A Colorado landlord must give 21 days’ written notice to end a month-to-month tenancy, and 91 days for a tenancy of one year or longer, under C.R.S. 13-40-107. A tenancy of six months to a year needs 28 days, a week-to-week tenancy 3 days.
Those periods only tell you how much notice to give. Since April 19, 2024, House Bill 24-1098 also controls whether you can end a tenancy at all. Once a tenant has lived in the unit for at least 12 months, you need cause, such as nonpayment, a material lease violation, nuisance or one of the listed no-fault grounds.
For a no-fault ground, the landlord must give at least 90 days’ written notice, and the tenant can stay on the existing terms during that time. The no-fault grounds are demolition or conversion, substantial repairs or renovation, occupancy by the owner or a family member, taking the unit off the rental market to sell it, a tenant who refuses a new lease on reasonable terms, and a history of late or unpaid rent.
Who is exempt from the for-cause rule
The cause requirement covers most apartment buildings. The exemptions in C.R.S. 38-12-1302 are narrow, and the owner-occupied one applies only to single-family homes, duplexes and triplexes, never to a building with four or more units.
- Tenants who have been in the unit for less than 12 months.
- Short-term rentals.
- Single-family homes, duplexes and triplexes where the owner lives on the property or next door.
- Employer-provided housing.
- Mobile home spaces leased to the home’s owner.
- Occupants the landlord does not know to be tenants.
Security deposit rules in Colorado
A Colorado security deposit can’t exceed two months’ rent, and a pet deposit is capped at $300 and must be refundable. From January 1, 2026, House Bill 25-1249 requires the landlord to return the deposit, less lawful deductions, within 30 days after the lease ends or the tenant surrenders the unit, whichever is later. A lease can set a longer period, up to 60 days.
If you keep any part of it, you must give a written statement of the exact reasons. Normal wear and tear can’t be deducted, and HB25-1249 widened that term to include reasonable, typical use; only uncleanliness that leaves the unit substantially less clean than at move-in falls outside it. Clauses that charge tenants for normal wear and tear or for defects that existed before the tenancy are void.
The penalties are steep. A landlord who wrongfully keeps a deposit can owe three times the amount withheld, plus court costs and attorney fees. The tenant must give seven days’ notice before suing, and you can avoid the damages by returning the full deposit in that window. In court, the landlord has to prove the withholding was lawful.
Late fees and rent rules
A Colorado landlord can’t charge a late fee until rent is at least seven calendar days late, and the fee can’t exceed the greater of $50 or 5% of the past-due rent. Those limits come from Senate Bill 21-173, effective September 7, 2021. You must give written notice of the fee within 180 days of the missed due date, and a tenant can’t be evicted only for unpaid late fees.
On a $1,600 unit, 5% is $80, so $80 is the most you can charge for that month’s late payment. On a $900 unit, the $50 floor applies.
Rent can go up only once in any 12-month period of tenancy under House Bill 21-1121. If there is no written lease, the landlord must give at least 60 days’ written notice before the increase, and can’t use a notice to quit mainly to raise the rent. With a written lease, the lease terms control the notice.
The Colorado eviction process and timeline
A Colorado eviction for nonpayment starts with a 10-day demand for compliance or possession and usually takes about four to seven weeks from that notice to removal if the tenant does not leave. That range is our estimate built from the statutory steps below; court calendars vary by county.
The case is filed in county court as an action for possession (forcible entry and detainer). If the tenant files an answer, trial is set 7 to 10 days later under SB21-173. A tenant can stop a nonpayment eviction by paying everything owed at any time until the court orders a writ of restitution.
| Step | Timing |
|---|---|
| Demand for compliance or possession | Tenant has 10 days to pay, cure or move |
| Summons and complaint | Answer date 7 to 14 days after filing; served at least 7 days before it |
| Trial if the tenant answers | 7 to 10 days after the answer |
| Writ of restitution | No sooner than 48 hours after judgment |
| Sheriff carries out the writ | At least 10 days after judgment (30 days for some tenants on SSI, SSDI or Colorado Works) |
Does Colorado have rent control?
No. C.R.S. 38-12-301 declares rent control on private residential housing a matter of statewide concern and bars counties and municipalities from enacting any ordinance that would control rent. Denver, Boulder and other cities cannot cap rents on private apartments.
Repeal has been tried. House Bill 23-1115, which would have let local governments adopt rent stabilization with limits no lower than CPI plus three points, passed the House in February 2023 but was postponed indefinitely in a Senate committee that April. There is no statewide cap on the size of a rent increase, only the once-a-year and notice rules.
Colorado landlord-tenant laws changed in 2024, 2025 and 2026
The main changes an owner needs to know about took effect between April 2024 and January 2026.
- HB24-1098, effective April 19, 2024: cause required to end tenancies after 12 months, with 90 days’ notice for no-fault grounds.
- 2024 habitability updates: landlords must start fixing conditions that materially affect health or safety within 24 hours of notice, and other uninhabitable conditions within 72 hours.
- HB25-1249, effective January 1, 2026: 30-day deposit return, broader wear-and-tear definition, an optional walk-through before move-out, a new definition of bad faith and 60 days to move deposits when a building changes hands.
- HB25-1090 (2025): bars landlords from charging certain fees and requires advertised prices to show the total of required charges, enforced under the Colorado Consumer Protection Act.
What happens to leases and deposits when you sell in Colorado
Leases survive a sale, so the buyer takes the building subject to every tenancy and steps into your place as landlord. The for-cause rules go with the building. A buyer who plans to renovate or move in has to use a listed no-fault ground and give 90 days’ notice, the same as you would.
Deposits move with the tenants. Under C.R.S. 38-12-103(4), the deposit is either transferred to the new owner or returned to the tenant after lawful deductions, and HB25-1249 gives the selling landlord 60 days after the interest ends to do one or the other. Put the deposit ledger and the transfer in the purchase agreement and the closing statement.
- Deliver a rent roll with each unit’s lease dates, rent, deposit and move-in date. The move-in date tells the buyer which tenants have passed the 12-month mark.
- List any pending 10-day demands, eviction cases or no-fault notices.
- Note any open habitability complaints and the repair dates, so the buyer knows what work is under way.
- Check that your lease forms and fee schedule match HB25-1090 before a buyer’s attorney reviews them.
Selling a Colorado apartment building with tenants in place
Skyline buys apartment buildings with five or more units in Colorado, occupied and as they stand. We buy directly, close on your timeline, and can work inside 1031 deadlines. We take over the leases and deposits at closing, so you do not have to clear the building or wait out a 90-day notice to sell.
For the tax side of a sale, see Colorado capital gains tax on real estate and 1031 exchange in Colorado.
