Question 1

What is the security deposit cap in Colorado?

Accepted Answer

Except as subsection (2) describes, a landlord shall not require a security deposit that exceeds two monthly rent payments under the rental agreement. On and after January 1, 2027, subsection (1) does not apply if the landlord and tenant have executed a post-closing occupancy agreement under a purchase contract in which the landlord bought the residence from the tenant. Source: Colo. Rev. Stat. § 38-12-102.5, https://olls.info/crs/crs2026-title-38.htm, as of 2026-10-09.

Question 2

How soon must a landlord return a security deposit in Colorado?

Accepted Answer

A landlord shall, within thirty days after termination of the lease or surrender of the premises, whichever occurs last, return the full security deposit, unless the lease specifies a longer period of not more than sixty days. A landlord shall not retain the deposit to cover normal wear and tear or damage or a defective condition that preexisted the tenancy. Source: Colo. Rev. Stat. § 38-12-103(1)(a), https://olls.info/crs/crs2026-title-38.htm, as of 2026-10-09.

Question 3

How much notice does a rent increase require in Colorado?

Accepted Answer

In a residential tenancy in which there is no written agreement between the landlord and tenant, a landlord may increase the rent only upon at least sixty days' written notice to the tenant. Source: Colo. Rev. Stat. § 38-12-701(2)(a), https://olls.info/crs/crs2026-title-38.htm, as of 2026-10-09.

Question 4

How much notice must a landlord give before entering in Colorado?

Accepted Answer

If entry is necessary to commence or maintain remedial action for a condition covered by the warranty of habitability procedures, the landlord shall give the tenant written notice at least twenty-four hours in advance. Advance notice is not required when the condition materially and imminently threatens an individual's life, health, or safety. Source: Colo. Rev. Stat. § 38-12-505, https://olls.info/crs/crs2026-title-38.htm, as of 2026-10-09.

Question 5

What late fee does Colorado allow?

Accepted Answer

A landlord shall not charge a tenant or home owner a late fee unless a rent payment is late by at least seven calendar days, or in an amount that exceeds the greater of fifty dollars or five percent of the past due rent. The late fee must be disclosed in the rental agreement. Source: Colo. Rev. Stat. § 38-12-105(1), https://olls.info/crs/crs2026-title-38.htm, as of 2026-10-09.

Question 6

What eviction notice does Colorado require?

Accepted Answer

For the holdover described in section 13-40-104(1)(d), ten days' written notice must be served after a default in the payment of rent, requiring in the alternative payment of the rent or possession of the premises. A nonresidential agreement or an employer-provided housing agreement requires three days' notice, and an exempt residential agreement requires five days' notice. Source: Colo. Rev. Stat. § 13-40-104(1)(d), https://olls.info/crs/crs2026-title-13.htm, as of 2026-10-09.

Rule	Rule text
Security deposit cap	Except as subsection (2) describes, a landlord shall not require a security deposit that exceeds two monthly rent payments under the rental agreement. On and after January 1, 2027, subsection (1) does not apply if the landlord and tenant have executed a post-closing occupancy agreement under a purchase contract in which the landlord bought the residence from the tenant. Colo. Rev. Stat. § 38-12-102.5. As of 2026-10-09.
Deposit return deadline	A landlord shall, within thirty days after termination of the lease or surrender of the premises, whichever occurs last, return the full security deposit, unless the lease specifies a longer period of not more than sixty days. A landlord shall not retain the deposit to cover normal wear and tear or damage or a defective condition that preexisted the tenancy. Colo. Rev. Stat. § 38-12-103(1)(a). As of 2026-10-09.
Notice for a rent increase	In a residential tenancy in which there is no written agreement between the landlord and tenant, a landlord may increase the rent only upon at least sixty days' written notice to the tenant. Colo. Rev. Stat. § 38-12-701(2)(a). As of 2026-10-09.
Notice before entry	If entry is necessary to commence or maintain remedial action for a condition covered by the warranty of habitability procedures, the landlord shall give the tenant written notice at least twenty-four hours in advance. Advance notice is not required when the condition materially and imminently threatens an individual's life, health, or safety. Colo. Rev. Stat. § 38-12-505. As of 2026-10-09.
Late fee	A landlord shall not charge a tenant or home owner a late fee unless a rent payment is late by at least seven calendar days, or in an amount that exceeds the greater of fifty dollars or five percent of the past due rent. The late fee must be disclosed in the rental agreement. Colo. Rev. Stat. § 38-12-105(1). As of 2026-10-09.
Eviction notice	For the holdover described in section 13-40-104(1)(d), ten days' written notice must be served after a default in the payment of rent, requiring in the alternative payment of the rent or possession of the premises. A nonresidential agreement or an employer-provided housing agreement requires three days' notice, and an exempt residential agreement requires five days' notice. Colo. Rev. Stat. § 13-40-104(1)(d). As of 2026-10-09.

Colorado rules for deposits, notice, and late fees

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