United States · CO

Colorado landlord-tenant laws.

The key statutes you need to know as a Colorado landlord — deposit caps, late fees, entry notice, and required disclosures at a glance.

Security deposit

2 months' rent (since Aug. 7, 2023)

Return: 30 days (lease may extend, max 60) · Colo. Rev. Stat. § 38-12-102.5 (2-month cap, SB23-184) and § 38-12-103 (return — overhauled by HB25-1249, eff. Jan. 1, 2026)

Late fees

Capped at the greater of $50 or 5% of the past-due amount; no fee until rent is 7 days late

Grace period: 7 calendar days before any late fee (§ 38-12-105(1)(a)) · Colo. Rev. Stat. § 38-12-105 (SB21-173; disclosure in the lease required)

Entry notice

None statutorily required

None — no general entry-notice statute; the lease governs (48 hours required for bed-bug inspections, § 38-12-1004)

Termination notice

21 days (tenancies < 6 months)

Rent control

Prohibited at local level (as of 2024 debates ongoing)

Small claims limit

$7,500 (§ 13-6-403); evictions are excluded from small claims court

Required disclosures

Every Colorado residential lease must include these disclosures where applicable. Missing required disclosures can void clauses or trigger statutory penalties.

Lead-based paint
Bed bugs
Radon

Notable Colorado quirk

One of the strictest late-fee regimes in the US — the greater of $50 or 5% of the past-due amount, only after a 7-day grace period, and never enforceable by eviction (§ 38-12-105). A 2021–2026 tenant-protection wave added a 2-month deposit cap (2023), for-cause eviction after 12 months of tenancy (2024), and a deposit-return overhaul with treble damages for wrongful withholding (2026).

Colorado landlord law FAQ

How much can I charge for a security deposit in Colorado?

No more than two monthly rent payments (§ 38-12-102.5, effective Aug. 7, 2023). A pet deposit on top is capped at $300 and must be refundable, and pet rent can't exceed the greater of $35/month or 1.5% of monthly rent (§ 38-12-106, effective Jan. 1, 2024).

How long do I have to return a security deposit in Colorado?

30 days after the lease terminates or the tenant surrenders the unit, whichever is later — the lease can extend this to at most 60 days (§ 38-12-103(1), as amended effective Jan. 1, 2026). Since 2026 you may withhold only for unpaid rent, utilities, other lawful lease charges, or repairs beyond normal wear and tear that didn't preexist the tenancy, and if the tenant requests documentation you must produce photos, receipts, invoices, or estimates within 14 days (§ 38-12-103(8)). Wrongful withholding forfeits the entire claim and risks treble damages plus attorney fees after a 7-day demand notice (§ 38-12-103(2)–(3)).

What is the maximum late fee I can charge in Colorado?

The greater of $50 or 5% of the past-due amount, only once per late payment, and only if the fee is disclosed in the lease (§ 38-12-105(1)). Adding interest, deducting fees from rent payments, or evicting over unpaid late fees is prohibited — each violation costs a $50 penalty, plus $150–$1,000 per violation if not cured within 7 days of notice (§ 38-12-105(3)–(5)).

Is there a grace period for rent in Colorado?

Yes — 7 calendar days: no late fee may be imposed unless rent is at least seven days late (§ 38-12-105(1)(a)). Rent is still due on the lease date, and a nonpayment eviction requires a separate 10-day demand notice (5 days for exempt small-landlord tenancies) under § 13-40-104(1)(d).

Do I have to give notice before entering a rental in Colorado?

No general statute requires it — entry rights come from the lease and the tenant's quiet enjoyment. The one statutory exception: at least 48 hours' written or electronic notice before entering to inspect or treat for bed bugs, unless the lease sets a different minimum (§ 38-12-1004(1)(a)).

How much can a landlord charge for late rent in Colorado?

Capped at the greater of $50 or 5% of the past-due amount; no fee until rent is 7 days late. Grace period: 7 calendar days before any late fee (§ 38-12-105(1)(a)). Late fee terms should always be written into the lease.

What is the security deposit limit in Colorado?

2 months' rent (since Aug. 7, 2023). The deposit must be returned within 30 days (lease may extend, max 60) after move-out.

How much notice does a landlord need to enter a rental in Colorado?

None statutorily required.

Is there rent control in Colorado?

Prohibited at local level (as of 2024 debates ongoing).

Sources

Summarized from public statutes, state bar guides, and provincial residential tenancy acts. Last reviewed 2026-07-17. Deposit statute: Colo. Rev. Stat. § 38-12-102.5 (2-month cap, SB23-184) and § 38-12-103 (return — overhauled by HB25-1249, eff. Jan. 1, 2026). Late fee statute: Colo. Rev. Stat. § 38-12-105 (SB21-173; disclosure in the lease required).

This page is general information, not legal advice. Consult a local attorney for your specific situation.

Eviction timelines in Colorado

See filing fees, timelines, and estimated total costs for Colorado.

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Baked in

Colorado-compliant leases, automatically.

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Other states

Connecticut

2 months' rent (1 month if tenant ≥ 62)

Delaware

1 month's rent (12-month+ leases)

District of Columbia

1 month's rent

Florida

No statutory cap

Georgia

2 months' rent (leases entered/renewed on or after July 1, 2024); no cap on older leases

Hawaii

1 month's rent

Idaho

No cap

Illinois

No state cap (suburban Cook County caps at 1.5 months; Chicago has no cap)