Note: This guide is for informational purposes only. Zillow, Inc. does not make any guarantees about the sufficiency of the information in or linked to from this guide or that it’s compliant with current, applicable or local laws. Landlord-tenant laws change rapidly and may be regulated at the federal, state and local levels. Read more information about updates to Colorado’s landlord-tenant laws. This resource is not a substitute for the advice or service of an attorney; you should not rely on this resource for any purpose without consulting with a licensed attorney in your jurisdiction.

Local rental licensing requirements for Colorado

The following cities require landlords to follow certain licensing and registration requirements:

• Boulder requires landlords to license each rental property with the city (R.C. § 10-3-2). The rental licensing forms and fees are available on the city’s website.
• Westminster requires landlords to license each rental property with the city (M.C. § 5-12-3-4). Additionally, Westminster requires landlords to register each unit separately if they own three or more units within any townhome or condominium community. The rental licensing, property registration forms and information on applicable fees are available at the city’s website.

You can build your own customizable online lease agreement with local clauses and addenda with Zillow Rental Manager.

Colorado warranty of habitability

Colorado requires rental property to be “habitable.” A habitable property must have:

• A waterproofed roof, exterior walls, windows and doors
• Working plumbing, gas, heating, electrical facilities, exterior locks, floors, stairways and railings
• Clean and sanitary common areas (if applicable)
• Appropriate rodent or vermin control
• Compliance with all applicable housing, building and health codes (R.S. § 38-12-505)

In addition to Colorado’s requirements, a rental property in Denver also needs:

• Working kitchen equipment (including a working oven, microwave and refrigerator)
• Specific ventilation, floor protections and electrical in any bathroom
• Garbage storage and removal
• A functioning water heater
• Adequate lighting, ventilation and heating (R.C. § 27-19-21)

Read more on the specifics of Denver’s additional habitability requirements.

Landlords can’t retaliate against tenants for saying that they believe the property is not habitable. Retaliation by a landlord is when a landlord:

• Increases rent
• Decreases services
• Threatens to evict the tenant (R.S. § 38-12-505, 509)

Local ordinances affecting Colorado landlords and tenants

Some cities have their own laws about what activities are permissible in rental properties as well as how many people can live in a rental unit. If you own and rent a property in these cities you must abide by these ordinances.

Marijuana possession

In Colorado, marijuana cannot be smoked or consumed in public areas.

Colorado allows individuals 21 and older to possess up to one ounce of marijuana and grow up to six marijuana plants; however, landlords can legally ban the smoking, growing, cultivating and selling of marijuana on their property.

Boulder prohibits the use of marijuana in any way that results in the marijuana smell being noticeable on someone else’s property (5-10-6, B.R.C. 1985).

Occupancy limits

Fort Collins limits the number of unrelated people who can live together in a rental property. Landlords and tenants are required to sign an “Occupancy Limits Disclosure Statement for Property Lease” form. This form shows the maximum number of unrelated people who are allowed to live in the property. This form must be notarized or signed in a verifiable digital format. Landlords and tenants must keep a copy of the signed form and provide it to the city upon request. If a landlord or tenant doesn’t provide the signed form, the city may fine either party up to $1,000.

Boulder limits the number of unrelated people who are allowed to live together in a rental property. The maximum number of unrelated people who can live together varies depending on how the city has zoned the property. Violations of this law can result in criminal prosecution or criminal fines of up to $2,000 a day. Know your property’s zoning designation.

Boulder noise ordinances

Boulder has several laws regulating noise. Violating these noise laws can result in fines of up to $1,000 and/or 90 days in jail. These noise laws include:

• Residents cannot engage in loud behavior at any time of day (5-9-5, B.R.C. 1981).
• Fines can be issued if music is audible after 11 p.m. more than 100 feet away from a property (5-9-6, B.R.C 1981).
• Fines can be issued if noise exceeds 50 decibels (when measured with a sound meter) between 11 p.m. and 7 a.m. in a residential area (5-9-3, B.R.C. 1981).

Boulder nuisance party ordinance

In Boulder, a tenant can be criminally prosecuted and sentenced to a fine of up to $1,000 and/or 90 days in jail for throwing a party with:

• The unlawful consumption of alcohol
• The unlawful provision of alcohol to minors
• Property damage, littering or fighting
• Obstruction of traffic
• Generation of excessive noise (5-3-11, B.R.C. 1981)

Colorado security deposit law

In general, a Colorado lease can set the return of a security deposit up to 60 days after the lease ends. If not stated in the lease, Colorado requires landlords to return the security deposit to the tenant within 30 days after the lease ends. Any Colorado rental agreement provision that requires the tenant to waive the return of the security deposit is unenforceable. A landlord cannot keep any part of a security deposit for ordinary wear and tear. If a landlord keeps any part of the security deposit, they must provide the tenant with a detailed written record of the amount not returned to the tenant. Any landlord who keeps a security deposit without reason may be required to pay the tenant up to three times the amount of the security deposit (C.R.S. § 38-12-103).

Boulder requires landlords to pay interest on the entire security deposit for the duration of the lease.

Colorado rent increase law

Unless the lease allows a landlord to increase the rent, then a landlord cannot increase the tenant’s rent during the lease.

For tenants without a lease who are renting a property between one month and six months, a landlord cannot increase the rent without first providing 21 days’ written notice (C.R.S. § 38-12-701).

Colorado’s domestic violence protections

Landlords cannot terminate a tenant’s lease if a tenant calls the police in response to an act of domestic violence. A tenant may terminate their lease by notifying the landlord that they are a victim of domestic violence and providing the landlord a police report filed within 60 days of the incident or a copy of a protective order. However, in such a case, the tenant must pay one month’s rent after terminating the lease and vacating the premises (C.R.S. § 38-12-402).

Colorado eviction laws

A landlord may only seek to evict a tenant for a major breach of the lease agreement, such as failure to pay rent. To evict the tenant, the landlord must follow Colorado’s forcible entry and detainer statutes. Prior to initiating an eviction, a landlord must provide the tenant 10 days’ prior written notice that includes the reason for eviction and the date the tenant has to fix the issue or be evicted. If a landlord has fewer than five rental properties and has waived the 10 days' written notice in the lease, then they need only provide 3 days’ prior written notice to the tenant before seeking an eviction. Once a landlord has started an eviction proceeding, they may not:

• Lock out the tenant
• Cut off utilities
• Take the tenant’s personal belongings
• Make any threats to the tenant (R.S. § 13-40-101)

How to handle a tenant’s abandoned property in Colorado

After the end of the tenant’s lease, a landlord can take any of the tenant’s abandoned property that remains in the rental unit for 30 days. Before the abandoned property becomes the landlord’s property, the landlord must send the former tenant 15 days’ written notice of their intention to take the property, by registered mail, to the tenant’s last known address. If the notice is returned unclaimed, the landlord should publish an ad in their local paper that includes the property they intend to take and the address where it was abandoned. The landlord should keep receipt of the notice or a copy of their published ad for up to one year (C.R.S. § 38-20-116).

Tenant default

If a tenant defaults and vacates the premises, Colorado may require landlords to take action to minimize their financial losses. Landlords can do so by:

• Listing the property with a real estate agent or a multiple listing directory
• Advertising the property in the local newspaper
• Placing a for-rent sign on the property

To efficiently manage your leases, try Zillow Rental Manager — it allows you to build and modify a lease that includes addenda and local clauses that your renter can sign online.