How much notice does a landlord have to give before eviction in Colorado?

Colorado sets specific notice periods that depend on the reason for eviction: non-payment of rent, lease term breach, or end of lease term. Notice must generally be in writing and served correctly to be valid. The eviction section above details the required notice for each case in Colorado; in most situations, a landlord must go through the courts before removing a tenant, changing the locks, or shutting off utilities, but state-by-state exceptions can apply (e.g., abandonment statutes), so review the state guide below before acting.

What habitability standards must landlords meet in Colorado?

Under Colorado law, landlords are generally responsible for keeping the unit safe and livable: working heat, hot water, plumbing, electrical, locks, and a structurally sound building. If you report a serious habitability problem in writing and the landlord fails to fix it within a reasonable time, many states let you pursue remedies like repair-and-deduct, rent withholding, or lease termination, but the available remedies and the procedures to use them vary by state, and a few states do not recognize all of them. See the habitability section above for the procedures that apply in Colorado.

State Reference Guide · West

Colorado
Tenant Rights.

This guide provides a detailed overview of landlord-tenant laws in the State of Colorado. Colorado has recently passed several significant pieces of legislation (2023–2024) that have shifted the balance of power, providing some of the strongest tenant protections in the Mountain West.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

Security Deposit Cap

Max 2 Months

of rent

Notice to Pay Rent

10 Days

standard; 5 days, exempt residential; 3 days, employer-provided

Late Fee Grace Period

Mandatory

7-day grace period

Application Fees

Free

if tenant provides portable report

What rights do tenants have in Colorado?

Tenants in Colorado are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Colorado sometimes add stronger protections on top of these state-wide rules.

MONEY

Security Deposits

Statute: Colorado Revised Statutes (C.R.S.) § 38-12-102.5 and § 38-12-103

Colorado law regulates how much a landlord can charge and how they must return it.

Maximum Amount

As of 2024, a landlord cannot require a security deposit that exceeds two monthly rent payments.

Return Deadline

Landlords must return the deposit within 30 days of the lease termination or the tenant vacating, unless the lease specifies a longer period (not to exceed 60 days).

Itemization Requirements

If any portion of the deposit is withheld, the landlord must provide a written statement listing the exact reasons for the deductions, along with the remaining funds.

Wear and Tear

Deposits cannot be used for "normal wear and tear" (e.g., minor carpet fading or small nail holes).

Penalties

If a landlord "willfully" withholds a deposit in violation of the law, the tenant may sue for treble damages (three times the amount withheld) plus reasonable attorney fees.

NOTICE

Eviction and "Just Cause" Requirements

Statute: C.R.S. § 13-40-101 et seq. and HB24-1098 (For Cause Eviction)

Colorado significantly changed its eviction laws in 2024, moving away from "no-cause" lease terminations.

Just Cause for Eviction

Landlords can no longer simply decline to renew a lease for no reason. To evict a tenant or refuse a lease renewal, the landlord must have "just cause," such as: - Nonpayment of rent.Substantial lease violations.The landlord or a family member intends to occupy the unit.The landlord is withdrawing the property from the rental market or performing substantial renovations.

Nonpayment Timeline

Under C.R.S. § 13-40-104(1)(d), landlords must provide a written "Notice to Quit or Pay" before filing for eviction. The standard notice period is 10 days. However, a 5-day notice applies to "exempt residential agreements" (where the landlord owns five or fewer single-family rental homes), and a 3-day notice applies for employer-provided housing. If the tenant pays within the applicable period, the eviction process must stop.

Lease Violations

A 10-day notice is generally required for most lease violations, giving the tenant time to "cure" (fix) the issue.

Court Process

Tenants have the right to file an "Answer" to an eviction summons. If the tenant is low-income, they may be eligible for legal representation through state-funded programs.

NOTICE

Landlord Entry

Statute: C.R.S. § 38-12-504 and Common Law "Quiet Enjoyment"

Unlike many states, Colorado statute does not set a universal "24-hour" notice period for entry in all cases, but it is heavily regulated by the Warranty of Habitability.

Notice Period

Most standard Colorado leases require 24 to 48 hours' notice.

Reasonable Entry

Entry must be at reasonable times. A landlord cannot use their right of access to harass the tenant.

Emergencies

Landlords may enter without notice in cases of emergency (e.g., a bursting pipe or fire).

Privacy Rights

Under the Warranty of Habitability, a landlord's repeated, unannounced entry can be considered a breach of the tenant’s right to "quiet enjoyment."

MONEY

Rent Control and Late Fees

Statute: C.R.S. § 38-12-301 (Rent Control) and § 38-12-105 (Late Fees)

Rent Control

State law currently preempts (prohibits) local governments from enacting rent control on private residential property. However, landlords may only increase rent once in any 12-month period.

Late Fee Limits

Grace Period: A landlord cannot charge a late fee until the rent is at least 7 calendar days late.Maximum Fee: The fee cannot exceed $50 or 5% of the past-due rent, whichever is greater.Prohibitions: Landlords cannot evict a tenant solely for the nonpayment of late fees.

SAFETY

Warranty of Habitability (Repairs)

Statute: C.R.S. § 38-12-503 to § 38-12-507

Colorado law implies a "Warranty of Habitability" in every residential lease. The unit must be fit for human habitation.

Required Standards

The landlord must provide functioning heat, water, electricity, waterproof roofing, and a premises free of pests/mold.

Tenant Notice

If a problem exists, the tenant must provide the landlord with written or electronic notice.

Repair Timelines

24 hours to respond/commence repairs if the condition is "hazardous to life, health, or safety."72 hours for other habitability issues (like a broken appliance or minor leak).

Repair and Deduct

Colorado allows tenants to "repair and deduct" the cost of repairs from their rent only if they follow strict statutory notice procedures and the landlord fails to act. It is highly recommended to consult an attorney before using this remedy.

SAFETY

Retaliation Protections

Statute: C.R.S. § 38-12-509

Colorado provides strong protections for tenants who exercise their legal rights.

Protected Activities

A landlord cannot retaliate against a tenant for: - Complaining about habitability (mold, leaks, heat).Organizing or joining a tenant's union.Contacting a government agency about code violations.

Prohibited Retaliation

Landlords cannot respond by increasing rent, decreasing services, or threatening eviction within the wake of these activities.

Summary

Quick reference table.

Feature	Federal Baseline	Colorado State Law (Higher Protection)
Security Deposit Cap	None	Limited to 2 months' rent.
Notice to Pay Rent	Varies (often 3-5 days)	10 days (standard); 5 days (exempt residential); 3 days (employer-provided).
Late Fee Grace Period	None	Mandatory 7-day grace period.
Application Fees	Regulated by FCRA	Free if tenant provides portable report.
Termination of Lease	Usually "at-will"	Just Cause required for most non-renewals.
Bed Bugs	General habitability	Specific timelines for inspection/treatment.

Unique To Colorado

Protections you won't find everywhere else.

Portable Tenant Screening Reports (HB23-1099)

Colorado is a leader in "Portable Screening Reports."

Income-to-Rent Ratios

Statute: C.R.S. § 38-12-1002

Cities with local protections

These Colorado cities layer extra tenant protections on top of state law: Arvada, Aurora, Boulder, Brighton, Broomfield, Colorado Springs, Denver, Durango, Englewood, Evans, Fort Collins, Ft Collins, Glenwood Springs, Golden, Grand Junction, Greeley, Lakewood, Littleton, Lone Tree, Longmont, Parker, Pueblo, Thornton, Westminster, Wheat Ridge.

Common Questions

Frequently Asked

Security deposit limits in Colorado are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Colorado statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

Apartments

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