Staying legally compliant is key to running a successful rental investment. That’s why landlords in Colorado need to familiarize themselves with the state’s landlord-tenant laws.
The rights and responsibilities of landlords and tenants in Colorado are outlined under Title 38, Article 12 of the state’s statutes. These laws help ensure that both landlords and tenants understand their obligations, from lease agreements to eviction procedures.
The following are the key basics landlords should know when renting out a property, including regulations on security deposits that tenants pay, maintenance responsibilities, and legal rent increases.
Required Landlord Disclosures in Colorado
Under the Colorado landlord-tenant laws, landlords must provide the following two disclosures to a tenant before moving in.
- Concentration of lead-based paint - Is the landlord renting out a rental built prior to 1978? If so, they must let the tenant know about the concentrations of lead-based paint.
- Presence of radon gas - In Colorado, a radon gas disclosure is required to be included in every residential lease. This needs to have up-to-date details (as applicable) regarding radon tests and concentrations on the property.
Rights & Responsibilities of Tenants in Colorado
After a tenant establishes a lease or rental agreement with the landlord, they will automatically obtain the following rights. A right to:
- Fair treatment as per the Fair Housing Act.
- Break a fixed-term lease for certain justifiable reasons.
- Terminate a periodic lease after proper notification.
- The remaining security deposit, minus allowable deductions.
- A proper eviction process devoid of threats, coercion, or intimidation.
- Live in a habitable home.
When it comes to responsibilities, Colorado tenants must do the following.
- Maintain the unit to the required level of cleanliness.
- Keep the unit safe, sanitary, and habitable.
- Use the provided facilities and amenities reasonably and for their intended purposes.
- Perform minor repairs and maintenance.
- Promptly notify the landlord if the rental has issues impacting its habitability.
- Care for the rental by not causing negligent or deliberate property damage.
- Not disturb other tenants. For example, by throwing large, noisy parties.
Rights & Responsibilities of Colorado Landlords
Landlords in Colorado have a right to:
- Draft a rental or lease agreement and enforce the terms of the lease.
- Evict a tenant who disobeys any of the terms of the lease or rental agreement.
- Charge new tenants a security deposit as part of the initial move-in costs.
- Screen prospective tenants, as long as the process abides by the Colorado fair housing laws.
- Terminate a periodic tenancy after serving the tenant with proper notification.
- Not to renew a lease after it expires.
When it comes to the responsibilities landlords in Colorado have, the list includes the following.
- Rent out a habitable rental property, which includes making repairs within 24-96 hours after receiving proper notification from a tenant.
- Carry out a legal eviction exercise as per the state’s eviction laws.
- Not retaliate against a tenant for exercising a legal right, such as joining a tenants’ union to advocate for their rights.
- Only make allowable deductions when it comes to a tenant’s security deposit.
- Take some reasonable steps to re-rent the unit after a tenant breaks the lease.
- Treat all tenants fairly as per the Federal and State fair housing laws.
- Only enter a tenant’s rented unit for purposes reasonably related to the rental agreement.
An Overview of the Colorado Landlord Tenant Law
Landlord Entry
As a landlord in Colorado, you have the right to enter your tenant's rented premises, but it's essential to do so responsibly to avoid potential harassment claims. Ensure that the landlord's entry is for valid purposes, such as performing necessary maintenance, conducting inspections, or addressing emergency repairs.
Providing proper notice before entry is a best practice that helps maintain a positive landlord-tenant relationship and ensures compliance with state laws.
While Colorado law does not specify a notice period for most other circumstances, it's always good practice for a landlord to communicate with tenants before the visit about the landlord's intentions.
This fosters a respectful relationship, minimizes misunderstandings, and helps ensure tenants feel secure in their rental home. Establishing clear communication also benefits the landlord by promoting cooperation and reducing potential disputes.
By adhering to these guidelines, the landlord can manage their property effectively while respecting their tenants' rights.
Fair Housing Laws
It is crucial to treat all tenants fairly and without discrimination, regardless of characteristics such as race, color, sex, nationality, religion, familial status, disability, gender identity, sexual orientation, ancestry, military status, source of income and marital status.
Engaging in discriminatory practices can have serious legal implications for the landlord.
For example, offering different rental terms based on a tenant's race or color is unacceptable. Additionally, refusing to rent to an applicant based on their religion, sex, or nationality is a violation of fair housing laws.
It is also important to provide reasonable accommodations for individuals with disabilities, ensuring they have equal access to housing. By adhering to these principles, landlords not only comply with legal obligations but also foster an inclusive and equitable rental environment.
Rent Increases in Colorado
Colorado does not have rent control, and municipalities are not allowed to enact their own rent control legislation per state law. As such, landlords are free to increase the amount tenants must pay rent, provided they follow applicable notice requirements. However, landlords are not permitted to do so while the lease agreement is still in effect unless the lease specifically permits it.
Rent increases, however, are only permitted once a year. Furthermore, landlords are not allowed to raise rent in retribution or as a means of discriminating against federally or state-protected classifications. Tenants are still required to pay rent as agreed in their lease agreement, and failure to do so can result in eviction proceedings under Colorado law.
While tenants may have legal grounds to withhold the monthly rent they pay in cases of unaddressed habitability issues, they must follow the proper legal process to do so, as withholding rent improperly can lead to eviction.
If there isn't a documented lease agreement or the rental property is a mobile home, the landlord is required to provide 60 days' notice. There is no law mandating a specific notice period for a rent increase in other circumstances.
Bottom Line
There is no way around it; as a landlord, you must stay legally compliant when renting out a property. The Colorado landlord-tenant law is quite clear on what the landlord can and cannot do when renting out a property.
For further clarification, contact Allegiant Property Service can help. We provide property owners in Fort Collins and all of the surrounding Northern Colorado area with expert property management services. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
