Colorado landlord-tenant law has changed more in the last two years than in the previous decade. Between 2024 and 2026, the Colorado General Assembly passed a wave of tenant protections that fundamentally shifted the balance of power in the rental relationship — tightening security deposit rules, requiring cause for eviction, expanding habitability rights, banning hidden fees, and giving the Attorney General new enforcement teeth.
Most tenants don't know about these changes. Some landlords are counting on that. This article is your guide to what the law actually says, written in plain English by a licensed Colorado attorney.
Important: This article provides general legal information, not legal advice for your specific situation. Laws vary by city and circumstance. If you are facing an eviction, a withheld security deposit, or an unsafe living condition, a 30-minute Legal Triage Session with a Colorado attorney can help you understand exactly where you stand.
1. Your Security Deposit Rights HB25-1249 ↗
Security deposit disputes are the most common landlord-tenant conflict in Colorado — and the law changed significantly on January 1, 2026. If your landlord is treating your deposit the way they did two years ago, they may be breaking the law.
Before anything else in this section — the single most powerful thing you can do to protect your security deposit is complete a thorough, accurate move-in inspection checklist on day one. Photograph every wall, floor, fixture, appliance, and door. Note every existing scratch, stain, scuff, and imperfection. Send it to your landlord in writing — email is best because it creates a timestamp — within 24 to 48 hours of moving in. This document, signed or acknowledged by your landlord, is the most powerful evidence in any security deposit dispute. Everything your landlord claims you damaged must be compared against the condition documented at move-in. Without it, you are at the landlord's mercy on what "preexisted the tenancy." With it, you have a paper trail that can win your case before you ever file anything.
The new rules, starting January 1, 2026
- 2-month cap (existing law, unchanged): Colorado law limits security deposits to no more than two months' rent — this protection predates HB25-1249 and remains in effect today.
- Pet deposit: Landlords may collect an additional pet deposit of up to 25% of monthly rent — on top of the security deposit cap.
- Pre-move-out walkthrough: You have the right to request a walkthrough before you leave — either in person or virtually — so you know what deductions are coming.
- 30-day return deadline: Your landlord must return your deposit within 30 days of move-out with an itemized statement. If the lease allows it, this can extend to 60 days — but not longer.
- Documentation requirement: If deductions are made, your landlord must provide supporting documentation — photos, invoices, inspection reports — within 14 days of your request.
What "normal wear and tear" actually means now
Colorado law now legally defines normal wear and tear — which means your landlord cannot make up their own definition. Under HB25-1249, normal wear and tear includes:
- Paint scuffs, minor marks, and fading from everyday use
- General dirt and uncleanliness from normal living
- Carpet wear from regular foot traffic
- Minor damage that naturally occurs over time
If the carpet in your unit has not been replaced in the last 10 years, your landlord generally cannot charge you for carpet replacement — even if it is worn or damaged. Carpet that old is expected to show wear. You can request documentation proving when the carpet was last replaced.
What happens if your landlord withholds improperly
This is where the new law has real teeth. If your landlord wrongfully withholds your security deposit:
- You may recover triple the amount wrongfully withheld
- Plus attorney fees and court costs
- Plus 18% annual compound interest on the withheld amount
The process starts with a 7-day demand letter — a written notice giving your landlord seven days to return the deposit before you take legal action. If they miss the deadline or fail to provide proper notice, they lose the right to keep any portion of your deposit.
What counts as "unreasonable" retention — the legal definition
Under HB25-1249, any amount wrongfully withheld can trigger treble damages once you have sent your 7-day demand letter and the landlord fails to comply. Additionally, the law creates a specific statutory presumption of bad faith: a landlord is automatically presumed to have acted in bad faith if they retain an amount that is 125% or more of their actual damages — meaning the burden shifts to the landlord to prove they acted reasonably. A landlord retains in bad faith if the amount retained: (1) unreasonably exceeds actual damages; (2) is retained without actual cause; (3) is an amount the landlord knew or should have known exceeded actual damages; or (4) is retained for an unlawful, retaliatory, or discriminatory purpose.
In court, the burden of proof is on the landlord — not on you. They must prove the withholding was justified and that they complied with all requirements of the law. Inflated estimates, deductions without documentation, and failure to follow deadlines are all grounds for a triple-damages claim.
Under HB25-1249 §11(b), your landlord cannot charge you for repainting the entire interior of your unit unless there is substantial damage to the paint throughout the entire dwelling unit — not just a room or two — that exceeds normal wear and tear and did not preexist your tenancy. Scuffs, minor marks, and normal fading cannot be charged.
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2. Your Eviction Rights — Including "Just Cause" Eviction Protections HB24-1098 ↗
In April 2024, Colorado fundamentally changed the rules on eviction by enacting what is commonly known as the "just cause" eviction law. Under the old law, a landlord could refuse to renew your lease or ask you to leave with no reason at all. That is no longer legal for most tenants.
The Just Cause / For-Cause Eviction Law — what it means for you
Under HB24-1098, your landlord must have a legally valid reason — called "just cause" or "for cause" — to evict you or refuse to renew your lease. The valid causes are specific and limited:
- Nonpayment of rent
- Substantial lease violation that you failed to correct after proper notice
- Creating a nuisance or disturbance that interferes with neighbors
- Criminal activity on the property
- Negligent damage to the property
- "No-fault" causes — property sale, demolition, owner move-in, substantial renovation
Even for no-fault evictions (like the landlord wanting to sell or move in), your landlord must give you 90 days' written notice. This is one of the strongest eviction notice requirements in the country.
How long is your lease? It matters.
Lease of one year or longer (or month-to-month tenancy that has lasted one year or more): Your landlord must have just cause to evict you or refuse to renew. No-fault non-renewals are eliminated except in limited circumstances — and even then, 90 days' written notice is required.
Lease of less than one year: Your landlord retains more flexibility and can decline to renew without cause, but must still follow proper notice requirements. The just cause protections fully kick in once your tenancy has lasted one year or you have a lease for one year or longer.
Practical tip: If you are on a month-to-month arrangement and have lived in your unit for a year or more, you are very likely covered by the just cause protections even without a formal year-long lease. Document your tenancy start date.
Retaliation evictions are illegal
If you report unsafe conditions, join a tenant organization, complain to a government agency, or exercise any of your legal rights — your landlord cannot respond by raising your rent, reducing services, or filing for eviction. Retaliatory evictions are illegal and actionable in Colorado. If the timing looks suspicious, document everything.
Victim-survivor protections
If you are a victim of unlawful sexual behavior and that behavior contributed to a situation where you couldn't pay rent, you cannot be evicted for nonpayment under Colorado law. You must document the situation through a police report, protection order, self-attestation affidavit, or a letter from a qualified third party. Your landlord is also required to offer you a repayment plan and cannot charge fees or penalties for failure to comply.
Critical: If you receive an eviction notice, do not wait. Eviction timelines in Colorado move quickly, and failing to respond appropriately can waive important rights. A 30-minute Legal Triage can tell you exactly what your options are and how much time you have.
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3. Your Right to a Habitable Home SB24-094 ↗
Colorado law requires your landlord to provide you with a safe, habitable living space. That is not a suggestion — it is a legal obligation. And the Warranty of Habitability was significantly expanded in 2024, giving tenants new tools when landlords fail to maintain their properties.
What counts as a habitability violation?
- No heat or inadequate heating systems
- No running water or hot water
- Mold or moisture problems affecting health and safety
- Pest infestations
- Broken locks or doors that compromise security
- Faulty electrical wiring
- Sewage or plumbing failures
- Carbon monoxide or smoke detector failures
- Structural hazards — roof leaks, foundation issues
Response and repair timelines
Colorado law creates a two-part obligation for landlords when you report habitability issues:
- 24 hours to respond: For any issue that affects life or safety — no heat, gas leaks, sewage failures, broken security locks, carbon monoxide — your landlord must respond to your written notice within 24 hours.
- 72 hours to begin repairs: For those same life-safety issues, your landlord must begin repairs in good faith within 72 hours of receiving notice. "We'll get to it eventually" is not a legally sufficient response.
- Reasonable time for other issues: Non-emergency habitability issues must be addressed within a reasonable timeframe. Document everything in writing and track dates.
If your unit becomes uninhabitable during a repair — like a mold remediation or major structural work — your landlord is now required to provide or pay for alternate housing while repairs are completed. However, if the premises cannot reasonably be repaired within 60 days, your landlord may terminate the alternative accommodation obligation after that period. This is still a significant new right — most tenants do not know about it at all.
Rent reimbursement — even if you already paid
Under the expanded Warranty of Habitability, if a habitability breach existed for any period of time, your landlord must reimburse you for the difference between the rent you paid and the actual fair rental value of the unit during that period — even if you already paid the full rent amount. This applies whether the rent was paid by you or by a housing subsidy.
What you can do if your landlord won't fix it
Colorado law gives tenants meaningful remedies when landlords fail to maintain habitable conditions:
- Demand the records: You have the right to demand from your landlord documentation of all habitability issues and related records for the past three years. This can be powerful evidence in a dispute.
- Report to authorities: Contact your local housing or code enforcement agency. In Denver, Aurora, Fort Collins, and other cities, these agencies can inspect and compel repairs.
- Repair and deduct — heat and essential services: If your landlord fails to provide heat or other essential services after proper written notice, Colorado law gives you the right in certain circumstances to arrange and pay for repairs yourself and deduct the reasonable cost from your rent. The procedure matters — you must give proper written notice and follow the statutory steps. Consult an attorney before doing this, but know the right exists.
- Withhold rent (with caution): Rent withholding is a remedy in Colorado for habitability breaches, but the process is critical. Done incorrectly, it can expose you to eviction for nonpayment. Do not withhold rent without first consulting an attorney.
- Use habitability as a defense: If your landlord files for eviction for nonpayment, a habitability breach is now a valid affirmative defense in Colorado courts. You can raise it and have the court assess the reduced rental value against what you owe.
- Sue for damages: You can seek reimbursement for the reduced rental value during the period of the breach, plus costs associated with the uninhabitable conditions — even if you already paid full rent during that time.
Mediation — often faster and free: If you receive government benefits including SSDI, SSI, Colorado Works (TANF), or other public assistance programs, you may be entitled to free landlord-tenant mediation services. Denver's mediation program is available to all residents. Mediation resolves many habitability, deposit, and lease disputes without going to court — faster, cheaper, and less adversarial. Ask your local legal aid organization or housing authority about eligibility.
Landlord ignoring repair requests?
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4. Hidden Fees and Rent Transparency HB25-1090 ↗
Starting January 1, 2026, Colorado banned what legislators called "junk fees" in rental housing. The law requires landlords to show you the true, total cost of renting a unit — not a low base rent with fees piled on top.
What landlords must disclose upfront
All advertising — online listings, signage, verbal quotes — must now display the total monthly price of renting the unit. This must include:
- Base monthly rent
- All mandatory recurring fees (trash, pest control, administrative fees, package receiving, etc.)
- Any other required charges that are not utilities
What is now illegal
- Advertising a base rent that excludes mandatory fees
- Charging unreasonable markups on services passed through to tenants
- Adding fees at lease signing that were not disclosed in advertising
- Increasing specific fees beyond lawful limits during short-term leases
Violating the fee transparency law may constitute a deceptive trade practice under the Colorado Consumer Protection Act — giving tenants the right to sue for damages and giving the Attorney General authority to investigate and enforce. This is not a toothless rule.
Late fees — there is a cap
Colorado caps late fees at $50 or 5% of your past-due monthly rent — whichever is greater. Your landlord cannot charge interest on late fees. You are also entitled to a 7-day grace period before any late fee can be charged — this means rent is not technically "late" until 7 days after the due date.
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5. Screening, Vouchers, and Eviction Records HB25-1240 ↗ HB1236 ↗
Housing vouchers and subsidies
If you use a housing voucher — Section 8, HCVP, or any other government housing subsidy — Colorado law now provides significant additional protections:
- Your landlord cannot require a credit score, credit report, or credit history as part of your application if you are using a housing subsidy
- Before evicting you for nonpayment, your landlord must give you 30 days' notice and must make reasonable efforts to cooperate with any rental assistance application you submit
- Failing to cooperate with a rental assistance application is now classified as an unfair housing practice
- Courts must award a minimum of $5,000 in damages for source-of-income discrimination violations
- Late fee cap for voucher holders: Under HB25-1240, landlords are strictly prohibited from charging a late fee exceeding $20 to any tenant using a housing subsidy — significantly lower than the standard $50 or 5% cap that applies to other tenants. This is one of the most overlooked protections for voucher holders.
Portable Tenant Screening Reports (PTSRs) — HB25-1236
Effective January 1, 2026, HB25-1236 overhauled how tenant screening reports work in Colorado. Voucher holders — and all tenants — now have the right to hand-deliver a Portable Tenant Screening Report directly to the landlord rather than having the landlord pull a separate credit report from a bureau. By law, a PTSR provided to a voucher holder cannot contain credit score or credit history details. Landlords must accept a valid PTSR that is no more than 60 days old. This significantly reduces barriers for voucher holders who may have limited or poor credit histories.
Eviction record protections
Eviction records can follow tenants and make it nearly impossible to find housing — even when the tenant did nothing wrong. Colorado has moved to address this. Under current law, eviction records are suppressed while the case is active or dismissed — meaning an eviction filing that does not result in a final judgment against you should not be visible to future landlords running background checks. However, if the landlord wins and a final eviction judgment is entered against you, that judgment becomes a permanent public record and can affect your rental applications going forward. The suppression protects you from unfair exposure during the process — not from the outcome if the case is decided against you.
Proposed legislation in 2026 (HB26-1047) would have made suppression permanent in most cases even after a landlord victory, but it was killed in committee. Expect this to return in the 2027 session.
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6. Denver and Local Protections
Colorado state law is the floor — some cities have built additional tenant protections on top of it. If you live in Denver, Boulder, Aurora, or Fort Collins, you may have rights beyond what the state requires.
- Landlords must give 21 days' notice before raising rent — more than most cities require
- Immigrants are protected from housing discrimination — broader than state law
- Military status and age 40+ are protected classes in Denver
- Free landlord-tenant mediation program available for disputes
- Landlords must provide tenants with a copy of their rights
- Stricter habitability standards enforced locally
- Some of the strongest tenant protections in Colorado
- Rental licensing program with regular property inspections
- Additional notice requirements for lease terminations
- Source-of-income discrimination prohibited
- Dedicated rental housing helpline for tenant issues
- Rent stabilization protections for mobile home residents
- Multi-Family Systematic Housing Inspection Program
- Enforces state and local health codes in rental properties
- Tenants can request an inspection from the city agency
- City-run code compliance program
- Enforces health and safety codes in rental properties
- Tenants can file complaints with the city directly
Tip: If you live in Denver and have a landlord-tenant dispute, the city's free mediation program is worth exploring before going to court. It is faster, cheaper, and often resolves disputes that would otherwise end in litigation.
7. What Your Landlord Can Never Do
Regardless of what your lease says, these actions are illegal in Colorado. A lease clause that purports to allow any of these is unenforceable.
- Lock you out without a court order — even if you are behind on rent
- Shut off your utilities as a way to force you out — this is an illegal "self-help" eviction
- Remove your belongings without a court order
- Enter your unit without reasonable notice — except in genuine emergencies
- Retaliate against you for reporting unsafe conditions, filing a complaint, or exercising your legal rights
- Discriminate based on race, color, religion, sex, national origin, disability, familial status, sexual orientation, marital status, or source of income
- Raise your rent more than once in any 12-month period
- Charge late fees during the 7-day grace period
- Charge late fees exceeding $50 or 5% of monthly rent (whichever is greater)
- Charge interest on late fees
If your landlord does any of these things: Document it immediately. Photograph, screenshot, or record what happened and when. These violations carry real legal consequences — including damages, attorney fees, and in some cases AG enforcement action.
8. Small Claims Court — When You May Not Need an Attorney
One of the things I tell every tenant who comes to me: you do not always need an attorney. Colorado Small Claims Court handles disputes up to $7,500, and you can file and represent yourself. It is designed for exactly these situations.
What Small Claims Court is good for:
- Security deposit disputes — especially with triple damages, even relatively small deposits can exceed small claims limits
- Reimbursement for repairs you made that your landlord was obligated to make
- Recovering costs from habitability issues (hotels, medical, etc.)
- Challenging improper fee charges
When you probably do need an attorney:
- You are facing eviction — the stakes are too high and the timeline too tight to navigate alone
- The dispute involves more than $7,500
- The situation involves retaliation, discrimination, or complex legal questions
- Your landlord has an attorney
- There are habitability issues that may require injunctive relief (a court order to force repairs)
Filing in small claims court costs between $31 and $55 in Colorado, depending on the amount of the claim. You can find the forms and instructions at your local county courthouse or online through the Colorado Judicial Branch website. A 30-minute Legal Triage Session can help you decide whether small claims is the right path for your situation — and how to build the strongest possible case if it is.
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9. Frequently Asked Questions
The law is on your side — if you know it.
Colorado tenant protections have never been stronger. But they only work if you know what they are and act on them. Whether you are dealing with a withheld deposit, an unsafe unit, an eviction notice, or a landlord who just isn't following the rules — a 30-Minute Legal Triage Session is the fastest way to get clarity on exactly where you stand and what you can do about it.
Book a Legal TriageDisclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Prompt Counsel PLLC. Laws change frequently and vary by city and circumstance — do not rely on this article as a substitute for advice from a licensed attorney familiar with your specific situation. Will Salkin is licensed to practice law in the State of Colorado. Colorado Bar #54598. Contact: triage@promptcounsel.law · (720) 282-9588