What clauses are legally required in every Colorado lease agreement?
Every Colorado lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. Colorado's recent statutes then add real constraints: a deposit cap and disclosure duties (HB25-1249), a late-fee cap that bars evicting over late fees (§ 38-12-105), a for-cause termination framework (HB24-1098), and a warranty of habitability with fixed repair deadlines (SB24-094). Many of these protections cannot be waived by lease.
Colorado security deposit rules — the new one-month cap and 30-day return
The big 2026 change is HB25-1249, which added a statewide cap where Colorado previously had none:
| Rule | Requirement | Authority |
|---|---|---|
| Deposit cap | No more than one month's rent (effective Jan. 1, 2026); tenant may pay it over up to 6 months | HB25-1249 |
| Return | Within one month of termination, or up to 60 days if the lease specifies a longer period | C.R.S. § 38-12-103 |
| Itemization | Written statement of exact reasons for any retention; supporting documentation on request | C.R.S. § 38-12-103; HB25-1249 |
| Penalty | Willful retention = treble damages + reasonable attorney's fees + court costs | C.R.S. § 38-12-103 |
A landlord may not deduct for normal wear and tear, bears the burden of proving a withholding was not wrongful, and the tenant must give at least 7 days' notice of intent to sue. For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent-increase rules in Colorado
Late fees (C.R.S. § 38-12-105): a late fee may not exceed the greater of $50 or 5% of the past-due rent, and it cannot be charged until the rent is at least 7 days late. The fee must be disclosed in the written lease, a landlord may not evict or remove a tenant solely for unpaid late fees, and a late fee may not be treated as rent.
Rent increases (C.R.S. § 38-12-701): rent may not be raised more than once in any 12-month period of consecutive occupancy, and the landlord must give at least 60 days' written notice of an increase.
Notice periods, for-cause termination, and ending a Colorado tenancy
Colorado ties no-fault termination notice to how long the tenant has lived in the unit (C.R.S. § 13-40-107):
| Length of tenancy | Required notice |
|---|---|
| Less than 1 week | 1 day |
| 1 week to less than 1 month | 3 days |
| 1 month to less than 6 months | 21 days |
| 6 months to less than 1 year | 28 days |
| 1 year or longer | 91 days |
On top of that notice ladder, HB24-1098 (C.R.S. § 38-12-1301 et seq., effective April 2024) generally requires cause to terminate or refuse to renew a covered tenancy — either a tenant default or a statutory no-fault ground (owner move-in, demolition/major renovation, withdrawal from the market, etc.), and no-fault grounds require 90 days' notice. The for-cause law has exemptions (for example, certain initial leases of 12 months or less and some small owners), so confirm whether a given tenancy is covered. Nonpayment still runs through the § 13-40-107 demand process, and self-help eviction is unlawful.
Warranty of habitability and required disclosures
Warranty of habitability (C.R.S. § 38-12-503, rewritten by SB24-094, effective May 3, 2024): after written notice from the tenant, the landlord must begin remediation of an emergency condition (no heat, no running water, gas leak, sewage) within 24 hours, and of a non-emergency condition within about 7 days (14 for complex repairs needing a licensed contractor). Radon is now expressly covered, and a landlord who fails to repair may owe the tenant comparable temporary housing and can face lease termination, damages, and attorney's fees.
Disclosures: HB25-1249 requires a written itemized statement (with supporting documentation on request) whenever a landlord keeps any part of the deposit, and federal law requires a lead-based paint disclosure and EPA pamphlet for pre-1978 housing. Confirm the exact habitability-procedure language required in the lease under § 38-12-503 before finalizing.
What happens if a Colorado lease is missing required terms?
Colorado's remedies are strong:
- Deposit over the cap or wrongfully withheld: willful retention exposes the landlord to treble damages plus attorney's fees (§ 38-12-103).
- Excessive or early late fee: unenforceable, and a landlord cannot evict over unpaid late fees (§ 38-12-105).
- Habitability failures: can let the tenant terminate, recover damages and attorney's fees, and require temporary housing during repairs (§ 38-12-503).
For the habitability rules in depth, see our Colorado habitability guide, and compare with our Washington requirements guide.
Full Colorado disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Colorado landlord must give at signing, see our Colorado required lease disclosures checklist.
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Create your Colorado lease agreement →Frequently asked questions
What is the maximum security deposit in Colorado?
As of January 1, 2026, one month's rent. HB25-1249 added a statewide cap where Colorado previously had none, and it lets the tenant pay the deposit over up to six months (C.R.S. § 38-12-103, as amended).
How long does a Colorado landlord have to return a security deposit?
Within one month of the lease ending, or up to 60 days if the lease specifies a longer period. Willful retention exposes the landlord to treble damages plus attorney's fees (C.R.S. § 38-12-103).
What is the late-fee limit in Colorado?
A late fee may not exceed the greater of $50 or 5% of the past-due rent, and it cannot be charged until rent is at least 7 days late. A landlord may not evict a tenant solely for unpaid late fees (C.R.S. § 38-12-105).
How much notice is required to end a tenancy in Colorado?
No-fault termination notice scales with tenancy length: 3 days (1 week to under a month), 21 days (1-6 months), 28 days (6 months-1 year), and 91 days (1 year or more) (C.R.S. § 13-40-107). Covered tenancies also generally require cause under HB24-1098.
How much notice is required to raise rent in Colorado?
At least 60 days' written notice, and rent may not be increased more than once in any 12-month period of consecutive occupancy (C.R.S. § 38-12-701).
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.