Colorado Landlord-Tenant Law 2026: The Complete Handbook

Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with Colorado-specific rules — security deposit deadlines, required disclosures, late fee limits, and eviction notice requirements — automatically enforced for every Colorado property.

Colorado's landlord-tenant relationship is governed primarily by Colorado Revised Statutes Titles 13 and 38, and the legislature has been busy: statutory late-fee caps (SB21-173), a longer eviction notice (HB 24-1098), a radon disclosure mandate (SB23-206), and — new for 2026 — a total-price fee transparency law (HB25-1090). Colorado now has some of the most detailed compliance requirements of any non-rent-control state. Here's everything you need to know.

Security deposits in Colorado

> Check your numbers: Use our free Colorado security deposit calculator to verify your return deadline and itemization requirements.

Key details:

• Colorado has no statutory cap on the deposit amount
• The default return deadline is 30 days; the lease may extend it, but never beyond 60 days (Colo. Rev. Stat. § 38-12-103)
• An itemized statement of any deductions is mandatory
• No escrow account and no interest payments are required

Eviction process in Colorado

Colorado eviction follows a strict legal process. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal.

Step 1: Serve proper notice

Colorado's standard notice is the 10-day Demand for Compliance or Possession (per HB 24-1098). The tenant has a right to cure — paying the rent owed (or fixing the violation) within the 10 days keeps the tenancy alive.

Step 2: File the eviction action

If the tenant neither cures nor vacates by the deadline, file the eviction action with the court for the county where the property is located.

Step 3: Court hearing

If the tenant contests, the court schedules a hearing where both parties present their case. Bring the notice, the lease, and your payment ledger.

Step 4: Writ of restitution

If the court rules for the landlord, a writ issues and law enforcement carries out the removal.

Late fees in Colorado

> Calculate your late fee: Use our free Colorado late fee calculator to apply the SB21-173 cap to your exact rent amount. Also try our prorated rent calculator for move-in/move-out calculations.

Colorado's late-fee statute (C.R.S. § 38-12-105, enacted by SB21-173) is one of the strictest in the country:

• 7-day grace period — no fee may be charged until rent is 7 days late
• Cap: the greater of $50 or 5% of the past-due rent — on $1,500 rent fully unpaid, that's $75; on a $400 unpaid balance, the $50 floor applies
• The fee must be disclosed in the lease, may be charged only once per late payment, and notice of the fee must be given within 180 days of the due date

Landlord entry in Colorado

Colorado has no general statute setting an entry-notice period. 24 hours' written notice is the standard practice and the rule Tenby enforces for Colorado properties. Put your entry procedure in the lease and document each notice.

Required disclosures in Colorado

Colorado landlords must disclose the following:

1. Lead paint disclosure — for properties built before 1978, disclose known lead-based paint hazards and provide the EPA's *Protect Your Family From Lead in Your Home* pamphlet (federal requirement)
2. Radon disclosure — a written disclosure of known radon concentrations, mitigation, and prior testing, plus the state radon brochure, before the lease is signed (Colo. Rev. Stat. § 38-12-803, SB23-206)
3. Late fee terms in the lease — late fees may only be charged if disclosed in the rental agreement (Colo. Rev. Stat. § 38-12-105)
4. Bed bug history (on request) — upon a prospective tenant's request, disclose whether the unit contained bed bugs within the previous 8 months and, on request, the last date it was inspected and found bed-bug-free; you may not offer a unit known or reasonably suspected to contain bed bugs (Colo. Rev. Stat. § 38-12-1005)
5. Total-price / fee disclosure — new for 2026 — effective January 1, 2026, rental advertisements and agreements must disclose the total price including all mandatory fees as a single number, and pass-through "junk" fees (e.g., CAM-style charges) are prohibited, with Colorado Consumer Protection Act penalties (HB25-1090)

Rent increase rules in Colorado

• No rent control — Colorado has no rent control
• 21 days' written notice terminates a month-to-month tenancy (Colo. Rev. Stat. § 13-40-107), which sets the floor for notice on month-to-month changes
• Cannot raise rent during a fixed-term lease unless the lease includes a rent increase clause
• There is no cap on the amount of a rent increase — but remember that under HB25-1090, the advertised price must include all mandatory fees

Maintenance obligations

Landlord must:

• Maintain the property in compliance with applicable building and housing codes
• Keep the premises fit and habitable
• Maintain plumbing, electrical, heating, and other essential systems in good working order
• Keep common areas safe and clean
• Make repairs within a reasonable time after notice — Tenby's compliance engine uses 14 days as the benchmark repair window for Colorado properties

Tenant must:

• Keep the unit clean and sanitary
• Use appliances and systems reasonably
• Not deliberately or negligently damage the premises
• Dispose of garbage properly
• Not disturb neighbors' peaceful enjoyment
• Notify the landlord of needed repairs promptly

Tenant rights in Colorado

Tenants in Colorado have the right to:

• Habitable housing — and the right to withhold rent when the landlord breaches the warranty of habitability (Colo. Rev. Stat. § 38-12-507)
• Repair and deduct — no statutory repair-and-deduct remedy; habitability claims run through the withholding/court process instead
• Right to cure — paying or fixing the violation within the 10-day demand period stops the eviction (Colo. Rev. Stat. § 13-40-104)
• Late fee protections — 7-day grace, capped fee, once per late payment (C.R.S. § 38-12-105)
• Source-of-income protection — landlords may not discriminate based on lawful source of income, including vouchers (Colo. Rev. Stat. § 24-34-502.2)
• Radon and bed bug disclosures — see above
• Fair housing — federal protections against discrimination apply, and tenants in certain federally subsidized housing have VAWA protections

How Tenby helps Colorado landlords

Tenby's compliance engine handles Colorado-specific requirements automatically:

• SB21-173 late-fee engine — 7-day grace, greater-of-$50-or-5% cap, once-per-payment and 180-day-notice rules applied to every charge
• 30/60-day deposit return tracking keyed to what your lease actually says
• 10-day Demand for Compliance timeline guidance with cure tracking
• Radon disclosure checklist with the pre-signing deadline enforced
• HB25-1090 total-price check — flags advertised prices that don't include mandatory fees
• Bed bug request log so on-request disclosures are answered and documented
• Source-of-income screening guardrails built into Tenby's application flow

The bottom line

Colorado has quietly become one of the most regulated non-rent-control states. The deposit side stays easy (no cap, 30-60 day return), but late fees are tightly boxed in (7-day grace, greater of $50 or 5%, once per payment), evictions require a 10-day curable notice, radon disclosure is mandatory before signing, source of income is a protected class, and as of January 1, 2026, your advertised rent must include every mandatory fee. Automate the checklist, document everything, and you'll avoid most legal issues.