Separate Security Deposit Bank Account: No Statute
Pet Deposits and Additional Fees: No Statute
Non-Refundable Security Deposit Allowed: No, landlord must return the “full” deposit.
Deadline for Returning Security Deposit: One Month, unless previously agreed to other deadline but never more than 60 days. If hazardous conditions force tenant to vacate, Landlord must return the deposit within 72 hours (excluding Saturday, Sunday, and Holidays).
Require Written Description / Itemized List of Damages and Charges:No Statute
Record Keeping of Deposit Withholdings: No Statute
Failure to Comply:
If the landlord fails to provide the tenant written notice of withholdings and other required information within the time limit, the landlord forfeits of all his/her rights to withhold any portion of the security deposit.
The willful and wrongful retention of a security deposit in violation of this section shall render a landlord liable for triple the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney fees and court costs.
Lease, Rent & Fees:
Rent Increase Notice: No Statute
Late Fees: No Statute
Prepaid Rent: No Statute
Returned Check Fees: No Statute
Tenant Allowed to Withhold Rent for Issues of Habitability: Yes, with restrictions
Tenant Allowed to Repair and Deduct Rent: No Statute
Landlord Allow to Recover Court and Attorney’s Fees: Yes, if the lease allows it.
Restrictions on Handling Abandoned Property: Yes
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No, Under the “benefit of the bargain” rule, an innocent landlord is entitled to recover only the amount of damages required to place it in the same position it would have occupied had the tenant performed according to the terms of the lease. Schneiker v. Gordon, 732 P.2d 603 (Colo. 1987).
Notices and Entry:
Notice to Terminate a Rental Lease with a Fixed End Date: No notice is needed as the lease simply expires.
Notice to Terminate a Lease – Yearly Lease: 91 days
Notice to Terminate a Lease – 6 Months or Longer, but Less than 1 Year:28 days
Notice to Terminate a Lease – 1 Month or Longer, but Less than 6 Months: 7 days
Notice to Terminate a Lease – 1 Week or Longer, but Less than 1 Month:3 days
Notice to Terminate a Lease – Less than 1 Week: 1 day:
Notice of date/time of Move-Out Inspection: No Statute
Eviction Notice for Nonpayment after Notice of Nonpayment is Served:3 days
Eviction Notice for Lease Violation: 3 days to remedy or quit. Repeat violations are grounds for immediate lease termination.
Required Notice before Entry: No Statute
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No Statute
Emergency Entry Allowed without Notice: No Statute, but reasonable entry during an emergency is always allowed.
Entry Allowed During Tenant’s Extended Absence: No Statute
Notice to Tenants for Pesticide Use: No Statute
Lockouts Allowed: No, and tenant can sue for damages
Self-Help Evictions Allowed: No, unless promulgated by the state board of health for the cleanup of an illegal drug laboratory or is with the mutual consent of Landlord and Tenant.
Utility Shut-offs Allowed: No, and tenant can sue for damages
Disclosures and Miscellaneous Notes:
Adopted the Uniform Residential Landlord and Tenant Act (URLTA): No
Landlord is not required to look for or rent to a new tenant while previous tenant still has an active lease.
Landlord’s Duty to Provide a Habitable Premise:
Waterproofing and weather protection of roof and exterior walls maintained in good working order, including unbroken windows and doors;
Plumbing or gas facilities that conformed to applicable law in effect at the time of installation and that are maintained in good working order;
Running water and reasonable amounts of hot water at all times furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;
Functioning heating facilities that conformed to applicable law at the time of installation and that are maintained in good working order;
Electrical lighting, with wiring and electrical equipment that conformed to applicable law at the time of installation, maintained in good working order;
Common areas and areas under the control of the landlord that are kept reasonably clean, sanitary, and free from all accumulations of debris, filth, rubbish, and garbage and that have appropriate extermination in response to the infestation of rodents or vermin;
Appropriate extermination in response to the infestation of rodents or vermin throughout a residential premises;
An adequate number of appropriate exterior receptacles for garbage and rubbish, in good repair;
Floors, stairways, and railings maintained in good repair;
Locks on all exterior doors and locks or security devices on windows designed to be opened that are maintained in good working order; or
Compliance with all applicable building, housing, and health codes, which, if violated, would constitute a condition that is dangerous or hazardous to a tenant’s life, health, or safety.
No deficiency in the common area shall render a residential premises uninhabitable as set forth in this section, unless it materially and substantially limits the tenant’s use of his or her dwelling unit.
Tenant may terminate a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence but Tenant may be responsible for 1 extra month’s rent.
Landlord cannot terminate the lease of a victim of domestic violence.
Landlord may require proof of domestic violence status.
A landlord shall not include in a residential rental agreement or lease agreement for housing a provision authorizing the landlord to terminate the agreement or to impose a penalty on a residential tenant for calls made by the residential tenant for peace officer assistance or other emergency assistance in response to a domestic violence or domestic abuse situation.
Retaliation: A landlord shall not discriminatorily increase rent or decrease services or by bringing or threatening to bring an action for possession in response to the tenant having made a good faith complaint to the landlord or to a governmental agency alleging a breach of the warranty of habitability.
Homebuilders and other companies with ties to housing are noting an uptick in housing demand this year thanks to a healthy job market and hope for lower taxes. Prices are rising too, but few are worried another bubble is looming.