Colorado Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

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

Return deadline days

30 days

Itemization required

Yes

Source: C.R.S. §§ 38-12-102.5, 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026)

Late fees

Rule

Only if disclosed in the lease and rent is at least 7 calendar days late; fee capped at the greater of $50 or 5% of the past-due rent; no more than one fee per late payment and no interest on it.

Source: C.R.S. § 38-12-105

Landlord entry

We haven't verified a statewide rule for this yet. Check your lease, your city's rules, or a local tenant organization.

Ending a month-to-month tenancy

Tenant

Depends on how long the tenancy has run: 21 days (1 to <6 months), 28 days (6 to <12 months), 91 days (1 year or more); same periods apply to landlord notices.

Landlord

Same: 21 / 28 / 91 days by length of tenancy (written notice).

Source: C.R.S. § 13-40-107

Rent increases

Statewide rent control

No; counties and municipalities are prohibited from enacting rent control (C.R.S. 38-12-301).

Source: C.R.S. § 38-12-301

Repairs & habitability

Rule

Every rental agreement carries a warranty that the home is fit for human habitation; the landlord breaches it after written notice of an uninhabitable condition and failing to act within the statutory time (shorter for mold: 96 hours to contain it).

Source: C.R.S. §§ 38-12-503, 38-12-505

Retaliation

Rule

Landlord may not raise rent, cut services, end the lease or threaten eviction because a tenant complained about habitability or joined a tenants' association; tenant can recover the greater of 3 months' rent or 3x actual damages plus attorney fees.

Source: C.R.S. § 38-12-509

Clauses often unenforceable in Colorado

• Any waiver of the security-deposit protections (38-12-103(7))
• Charging for normal wear and tear or pre-existing damage (void under HB25-1249)
• Late fees that are undisclosed, charged before day 7, or above the cap (38-12-105(2))