Colorado renter rights in 2026: what actually changed

---
title: "Colorado renter rights in 2026: what actually changed"
description: "Security deposits, habitability, rent notice, radon, and HB24-1098 for-cause eviction, with links to the statutes so you can read the source."
source: "https://www.avian-coloradosprings.com/blog/colorado-renter-rights-2026"
markdown: "https://www.avian-coloradosprings.com/markdown/blog/colorado-renter-rights-2026"
lastModified: "2026-07-07"
---
# Colorado renter rights in 2026: what actually changed
- Published: 2026-07-07
- Last reviewed: 2026-07-07
- Author: Avian leasing team
- Category: Renter Rights
- Primary keyword: Colorado renter rights 2026
- Secondary keywords: Colorado tenant rights, Colorado security deposit law, Colorado warranty of habitability, Colorado rent increase notice, HB24-1098 Colorado for cause eviction
- Reading time: 9 minutes
Colorado quietly became one of the more tenant-protective states in the West between 2019 and 2026. The [2019 Warranty of Habitability overhaul](https://leg.colorado.gov/bills/hb19-1170), the [Rental Application Fairness Act](https://leg.colorado.gov/bills/hb19-1106) the same year, a 2021 tightening of rent notice and late fee rules under [HB21-1121](https://leg.colorado.gov/bills/hb21-1121), the [2024 for-cause eviction law](https://leg.colorado.gov/bills/hb24-1098), and [HB25-1249](https://leg.colorado.gov/bills/hb25-1249) rewriting security deposit rules effective January 1, 2026 each shifted the balance a little further. If your last Colorado lease was before 2019, most of what you learned is out of date. If it was before 2026, at least one number you remember about your deposit is wrong.

The statute numbers below link to the source text. Read them yourself. This is a map, not legal advice.

---

## Security deposits

This is the section that changed the most recently. [HB25-1249](https://leg.colorado.gov/bills/hb25-1249) took effect January 1, 2026, and rewrote a chunk of [CRS 38-12-103](https://colorado.public.law/statutes/crs_38-12-103). Two things to know.

First, what did not change: the size of the deposit. The cap is two months' rent, set by [SB23-184](https://leg.colorado.gov/bills/sb23-184) back in 2023 and codified at [CRS 38-12-102.5](https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-1/section-38-12-102-5/). HB25-1249's first draft floated a one-month cap, and some landlord-facing websites still repeat that number, but it did not survive into the enacted law. The two-month cap stands.

Second, the default return window is 30 days from the end of the lease. A lease can extend that to as many as 60 days, but only if the lease actually says so. If your lease is silent, 30 days is the ceiling. Any written itemized deductions have to come inside that window too.

Miss the deadline, or fail to itemize, and the landlord loses the right to keep any of it. Wrongful withholding under [CRS 38-12-103](https://colorado.public.law/statutes/crs_38-12-103) exposes the landlord to treble damages (three times the wrongfully withheld amount), plus attorney fees and court costs. The statute requires the tenant to give at least seven days' written notice of intent to sue before filing.

Some practical implications. Take photos on move-in and move-out, dated, wide shots of every room, stored somewhere the landlord can't touch. Give a forwarding address in writing when you leave. Some landlords will argue they couldn't send the deposit back because they didn't have your address. If you don't receive the deposit or an itemized statement inside the window, send a written demand. That's the trigger for treble damages. To size the deposit against everything else due at signing, the [move-in cost calculator](/move-in-cost-calculator) totals every upfront charge.

Landlords in downtown Colorado Springs generally hold [one month's rent as a deposit for approved credit](/floor-plans), well under the two-month cap. Pet deposits are capped at $300 and must be refundable, and recurring pet rent is capped at the greater of $35 a month or 1.5% of rent under [HB23-1068](https://leg.colorado.gov/bills/hb23-1068) — the same rules we break down in the [guide to renting with a dog downtown](/blog/renting-with-dog-downtown-colorado-springs).

---

## Warranty of habitability

The [Warranty of Habitability Act](https://leg.colorado.gov/bills/hb19-1170), codified at [CRS 38-12-503](https://colorado.public.law/statutes/crs_38-12-503) through 505, is the single biggest tenant protection Colorado added in the last decade. It obligates landlords to keep rentals fit for habitation. Working heat and hot water. Functioning plumbing. Weatherproofing. Safe electrical. Freedom from mold, pests, and other dangerous conditions.

The mechanism matters. When something breaks that materially affects habitability, you notify the landlord in writing. Under CRS 38-12-503, the landlord has 24 hours to begin remediation if the condition materially interferes with your life, health, or safety (no heat in winter, sewage backup, gas leak). For other habitability conditions, the clock is 72 hours. A special 96-hour rule applies to visible mold associated with dampness. Once repairs begin, the statute presumes a reasonable completion time of 7 days for emergency conditions and 14 days for the rest.

If the landlord fails to act, you can force repairs through court. You can terminate the lease and move out. You can recover damages, including any additional housing costs you had to pay while the unit was uninhabitable. In some cases you can deduct repair costs from rent and continue paying the reduced amount.

Written notice is the pivot. Text messages count. Emails count. Verbal complaints don't, unless the landlord chose to respond verbally, which under the statute waives the requirement of written notice.

---

## Rent increases and notice periods

[CRS 38-12-701](https://colorado.public.law/statutes/crs_38-12-701), enacted via [HB21-1121](https://leg.colorado.gov/bills/hb21-1121), requires at least 60 days written notice before any rent increase takes effect. That applies to month-to-month tenancies and to renewals of expiring fixed-term leases. It also limits landlords to one rent increase per 12-month tenancy, regardless of the arrangement.

Mid-lease increases aren't enforceable unless your lease specifically allows them, which almost no residential lease does. If you're on a 12-month lease at $1,800, the rent stays at $1,800 for the full 12 months.

The 60-day rule pairs with the for-cause requirements under HB24-1098 (below) for landlord-initiated non-renewals. A rent increase notice with less than 60 days lead time isn't enforceable on the stated date. Tell your landlord in writing. Most will correct the notice rather than fight over it.

There's no statewide cap on how much a landlord can raise the rent at renewal. The state legislature has blocked cities from imposing rent control.

---

## For-cause eviction under HB24-1098

The biggest 2024 change. [HB24-1098](https://leg.colorado.gov/bills/hb24-1098) went into effect the day Governor Polis signed it, April 19, 2024. Landlords can no longer refuse renewal or evict a tenant on most residential rentals without a legally permitted reason. The permitted grounds are enumerated in the statute and split into fault and no-fault categories.

Fault grounds include nonpayment, material violation of a substantial lease obligation (curable and non-curable variations), and certain conduct like nuisance or negligent damage to the property.

No-fault grounds include owner or immediate family move-in, demolition or substantial renovation that requires vacancy, withdrawal of the unit from the rental market for sale, refusal to sign a new lease with reasonable terms, and a documented history of nonpayment. A no-fault eviction requires 90 days written notice.

Exemptions exist. The most common ones cover owner-occupied buildings with a small number of units, employer-provided housing tied to employment, and certain short-term arrangements. Verify against the current statute for your specific situation.

The practical effect: if you've paid rent on time and honored your lease, your landlord can't decline to renew you at the end of your term without a permitted reason. This changes the balance of power at renewal negotiations. It also means landlords are more careful about lease terms and about documenting cure notices.

If you receive a non-renewal notice that doesn't state one of the permitted grounds, ask your landlord in writing which ground applies. That question alone often resolves things.

---

## Radon disclosure

Colorado sits on granite bedrock that emits radon. The EPA rates all of El Paso County (Colorado Springs) as [Zone 1 for high radon potential](https://www.epa.gov/radon/epa-map-radon-zones), which is the map's highest category. El Paso County Public Health has [documented over 40% of tested homes coming in above the EPA action level](https://www.elpasocountyhealth.org/licenses-permits-inspections-water-testing/radon/) in the 2005 to 2023 window.

Since 2023, [CRS 38-12-803](https://colorado.public.law/statutes/crs_38-12-803) has required Colorado landlords to disclose known radon information before you sign a lease. That includes any radon test results from the property, the date of the most recent test, whether a mitigation system has been installed, and the state's radon information brochure. The disclosure has to be in writing, in bold-faced type, and it has to include a specific warning statement recommending an indoor radon test before the lease is signed.

If a landlord provides the disclosure and it shows elevated radon (above the EPA action level of 4.0 pCi/L), you have information to weigh the risk or ask about mitigation. If a landlord doesn't provide the disclosure, that's a statutory violation. Under the statute you may void the lease and vacate if the landlord fails to disclose or fails to mitigate within 180 days after being notified of an elevated reading, though on or after January 1, 2026 that specific remedy doesn't apply to leases one year or shorter.

Most new construction in downtown Colorado Springs, including much of the [recent luxury inventory](/floor-plans), was built with radon-resistant techniques from the ground up.

---

## Application fees and screening

The [Rental Application Fairness Act](https://leg.colorado.gov/bills/hb19-1106), [CRS 38-12-901 through 905](https://colorado.public.law/statutes/crs_38-12-901), constrains what landlords can charge and how they can screen. In practice:

- Application fees can only cover the actual cost of screening (background, credit, reference checks) with no profit margin.
- If the landlord doesn't process your application, they have to refund the fee within 20 days.
- Screening criteria have to be disclosed in advance, in writing.
- Landlords can't consider rental or credit history older than seven years, or most criminal history older than five years (the statute carves out a short list of serious felonies from that five-year window).
- If your application is denied, you're entitled to a written explanation.

A landlord who violates the act can be liable for three times the application fee plus court costs. [Colorado Legal Services](https://coloradolegalservices.org/) can advise on merits before filing.

---

## Late fees

Colorado caps residential late fees at [CRS 38-12-105](https://colorado.public.law/statutes/crs_38-12-105), the codification of [HB21-1121](https://leg.colorado.gov/bills/hb21-1121) and follow-on legislation. In 2026:

- Late fees can't be assessed until at least seven days after rent was due.
- The fee is capped at the greater of $50 or 5% of the past-due amount.
- A landlord can only charge one late fee per late payment.
- Late fees can't be treated as additional rent for eviction purposes.
- Written notice of the fee has to reach the tenant within 180 days of the missed due date.

If your lease has a late fee provision that goes beyond any of these limits, that provision is unenforceable to the extent it exceeds the cap. The statute also gives tenants a seven-day cure window before liability attaches, and violations can be prosecuted as deceptive trade practices.

---

## Retaliation and discrimination

[CRS 38-12-509](https://colorado.public.law/statutes/crs_38-12-509) prohibits landlords from taking adverse action against tenants because they:

- Reported habitability issues in good faith.
- Contacted code enforcement, health, or building officials.
- Organized with other tenants.
- Filed a fair-housing complaint.

Prohibited retaliatory conduct includes rent hikes tied to a complaint, refusal to renew after a report, and threats of non-renewal or eviction. If a court finds retaliation, the tenant can terminate the lease and recover up to three months' rent or three times actual damages, whichever is greater, plus reasonable attorney fees.

Federal and state fair housing law prohibit discrimination on the basis of race, color, religion, national origin, sex, familial status, disability, and marital status. Colorado extends the list to source of income (including housing vouchers, effective under [HB20-1332](https://leg.colorado.gov/bills/hb20-1332)) and to sexual orientation and gender identity. That means a landlord in Colorado Springs can't refuse to rent to you because you're paying with a Section 8 voucher, or because you're LGBTQ.

If you believe you experienced discrimination, the [Colorado Civil Rights Division](https://ccrd.colorado.gov/housing-discrimination) handles complaints (one-year filing window), and the [Denver Metro Fair Housing Center](https://www.dmfhc.org/) covers the metro area with statewide referrals for southern Colorado.

---

## Where to get help

You don't have to sort this alone.

- [Colorado Legal Services](https://coloradolegalservices.org/) provides free civil legal aid to low-income residents statewide, including landlord-tenant matters.
- [Colorado Housing Connects](https://coloradohousingconnects.org/) runs a statewide hotline (844-926-6632) for general housing questions and referrals.
- [211 Colorado](https://www.211colorado.org/) can connect renters to emergency rental assistance and mediation resources.
- The [Colorado Judicial Branch self-help center](https://www.coloradojudicial.gov/Self-Help) has forms and instructions for tenants navigating court without a lawyer.
- For habitability code complaints in Colorado Springs, the [Pikes Peak Regional Building Department](https://www.pprbd.org/) accepts reports on substandard housing.

For residents at [Avian at 217 S Weber](/contact), the first stop for anything unclear is the leasing office. Most issues resolve inside a phone call or an email.

---

Colorado tenant law has moved fast. If you signed a lease three years ago, some of what you know changed. If you signed one this year, most of the protections above are baked into standard leases already. The statute numbers above are the source of truth, and the legislature updates them in almost every session.

If you're thinking about ending a lease early, the mechanics live in a separate guide: [how to break a lease in Colorado without wrecking your credit](/blog/how-to-break-a-lease-in-colorado).

## Common questions

### How long does a Colorado landlord have to return my security deposit?

For leases ending on or after January 1, 2026, [HB25-1249](https://leg.colorado.gov/bills/hb25-1249) shortened the default window to 30 days, extendable to 60 days only if the lease says so. If the landlord fails to return the deposit or provide an itemized deduction list on time, [CRS 38-12-103](https://colorado.public.law/statutes/crs_38-12-103) exposes them to treble damages plus attorney fees.
### What is Colorado's warranty of habitability law?

The Warranty of Habitability, codified at [CRS 38-12-503](https://colorado.public.law/statutes/crs_38-12-503), requires landlords to keep rentals fit for habitation. That covers working heat and hot water, functioning plumbing, weatherproofing, safe electrical, and freedom from mold, pests, and dangerous conditions. Tenants can force repairs or terminate the lease if the landlord fails to fix serious issues after written notice.
### How much notice does a Colorado landlord need to give for a rent increase?

At least 60 days written notice under [CRS 38-12-701](https://colorado.public.law/statutes/crs_38-12-701), and no more than one increase in any 12-month period. Mid-lease increases are not enforceable unless the lease specifically allows them.
### What is HB24-1098?

The Colorado for-cause eviction law. [HB24-1098](https://leg.colorado.gov/bills/hb24-1098) took effect April 19, 2024, and requires landlords to have a permitted reason to refuse renewal or evict most residential tenants. Grounds include nonpayment, material lease violations, and specific no-fault reasons that trigger a 90-day notice.
### Do Colorado landlords have to disclose radon?

Yes. Under [CRS 38-12-803](https://colorado.public.law/statutes/crs_38-12-803), landlords have to disclose known radon test results, mitigation status, and the state radon brochure to prospective tenants before a lease is signed.
### What can I do if my landlord retaliates for asking about repairs?

[CRS 38-12-509](https://colorado.public.law/statutes/crs_38-12-509) prohibits retaliation after a tenant reports habitability issues, contacts code enforcement, or organizes with other tenants. A tenant can terminate the lease and recover up to three months' rent or three times actual damages, whichever is greater, plus attorney fees. Document dates, names, and communications.