Landlord Duties in Colorado

Table of Contents
ToggleLandlords benefit from landlord-tenant relationships. They can secure rent and can watch the value of their investment property grow. However, Colorado law also requires that landlords meet certain obligations.
When landlords fail to fulfil required landlord duties in Colorado, tenants can work with landlord-tenant dispute attorneys to seek remedies. And when landlords are accused of breaching their duties, they have the right to defend themselves. The Denver office of Flaxman Law Group represents both landlords or tenants, so if you need help, reach out at 970-999-0530 to schedule a consultation.
Understanding Colorado Landlord Tenant Laws
Colorado’s landlord-tenant laws are designed to protect both tenants and landlords by ensuring fair treatment and outlining the rights and responsibilities of each party.
Tenants in Colorado are entitled to safe and habitable living conditions, protection against discrimination, and the right to dispute eviction in court. They must also uphold their responsibilities, such as paying rent on time, maintaining the property, and following the lease terms.
Landlords, in turn, are obligated to provide safe housing, maintain the property, and follow proper legal procedures when it comes to eviction and rent collection. They also must ensure that tenants’ rights are not violated, including respecting privacy and ensuring a lawful, non-discriminatory rental process.
Lease Agreement Requirements
In Colorado, a lease agreement is a legally binding contract that outlines the rights and responsibilities of both the landlord and the tenant. It serves as the foundation of the rental relationship and provides a framework for resolving any disputes. At a minimum, a lease agreement in Colorado should include:
- The full names of the landlord and tenant(s).
- A detailed description of the rental property, including the address and any amenities included.
- The amount of rent, due date, payment method, and the length of the lease (whether month-to-month or fixed-term).
- The amount of the security deposit and terms regarding its return after the tenant vacates, including any deductions for damages.
- A clear outline of the landlord’s and tenant’s responsibilities when it comes to property maintenance, repairs, and upkeep.
- The notice period required for rent increases, entry to the property, or termination of the lease.
- Any additional rules related to the property, such as policies on pets, smoking, or subletting.
A well-drafted lease agreement helps prevent misunderstandings and ensures that both the landlord and tenant understand their legal obligations and protections. Lease agreements can be complicated, so it is a good idea for landlords and tenants to review the lease before the renter moves in. This can help prevent disputes later on.
Security Deposit Laws
In Colorado, security deposits are commonly required by landlords to protect against damage to the property or unpaid rent. However, there are strict laws that govern the collection, use, and return of security deposits.
Colorado law does not limit the amount a landlord can charge for a security deposit, but most landlords charge the equivalent of one to two months’ rent. Higher deposits may mean it’s harder to find quality tenants.
The landlord can use the security deposit to cover damages to the rental unit, unpaid rent, or cleaning costs that exceed normal wear and tear. However, the landlord cannot use the deposit for ordinary maintenance or repairs.
After the tenant vacates the property, the landlord must return the security deposit within 30-60 days, depending on what the lease agreement stipulates. If the landlord intends to make deductions from the deposit (for damages or unpaid rent), they must provide an itemized list of the deductions to the tenant.
If the tenant disputes any deductions from the security deposit, they may take the matter to small claims court. Landlords who fail to return the deposit or provide an itemized list within the required timeframe may be liable for additional damages, including up to three times the security deposit amount.
For both landlords and tenants, it’s essential to keep detailed records, such as photographs of the rental unit’s condition at move-in and move-out, to avoid disputes about the security deposit.
Rent and Payment Laws
Colorado law does not mandate a specific rent due date, but the lease agreement should clearly state when the rent is due (e.g., the first of the month) and the amount, to avoid any disagreement. If the rent due date falls on a weekend or holiday, the payment is typically due the next business day unless otherwise specified in the lease.
Colorado law does not set a cap on late fees, but landlords must ensure that the fees are reasonable and specified in the lease agreement. Late fees must also be reasonable, or they may be considered unenforceable by the courts.
In most cases, landlords may accept payments via check, money order, or electronic transfer, but tenants are entitled to know the accepted forms of rent payment in advance.
Rent increases are generally allowed in Colorado, but must wait until the end of the lease term, unless the lease agreement allows them to increase rent before then. However, landlords are only allowed to raise rent once a year. There is no cap on how much landlords can increase rent, but they must provide notice to tenants before and must not be raising rent due to discrimination or retaliation.
Repairs and Maintenance Laws
Landlords have most of the responsibility when it comes to repairs and maintenance of the property. Landlords must:
- Keep rentals habitable. Landlords are required by law to maintain rental properties in a habitable condition, meaning the property must meet basic health and safety standards. This includes ensuring proper plumbing, heating, electrical systems, and structural integrity.
- Complete timely repairs. If a tenant reports a maintenance issue that affects the habitability of the property, such as a broken heater or leak, the landlord must make repairs within a reasonable time.
- Maintain common areas. Landlords are also responsible for maintaining common areas, such as hallways, stairwells, and elevators, ensuring they are safe and in good condition.
Tenants have fewer responsibilities, but they must:
- Take care of the property. Tenants must keep the rental property in a clean and sanitary condition. This includes properly disposing of garbage, cleaning appliances, and preventing damage.
- Report issues. Tenants are responsible for reporting any significant repair needs to the landlord in a timely manner to avoid further deterioration. They can be held liable if they fail to report an issue and it causes property damage.
- Tackle minor repairs. While landlords are generally responsible for major repairs, tenants are often expected to handle minor upkeep, such as replacing light bulbs or cleaning the lint traps of their dryers.
If either party fails to uphold their responsibilities, it may lead to disputes. Tenants have the right to withhold rent in certain cases if the landlord fails to make necessary repairs, though this should be done carefully and in accordance with the law. If repairs are urgent and a landlord does not act, tenants may also be able to hire a professional to make repairs and deduct the cost from rent, under specific circumstances.
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Eviction and Termination Laws
Eviction is the legal process that allows landlords to break a lease and remove a tenant from a property. In Colorado, this can only be done for a few reasons:
- Non-payment of rent
- Illegal activity
- Significant property damage
- Serious lease violations
Even if one of these situations has occurred, landlords must follow all relevant eviction proceedings, including filing to evict and giving a tenant proper notice. If the tenant does not comply with the notice, the landlord must file an eviction lawsuit in court. The court will schedule a hearing where both parties can present their case. If the court rules in favor of the landlord, a judgment for eviction will be issued.
A lease agreement automatically terminates at the end of its term unless the tenant and landlord agree to renew or extend the lease. For month-to-month leases, either party can terminate the lease by providing written notice.
Tenant Rights and Responsibilities
Right to Habitable Living Conditions: Tenants are entitled to live in a rental property that is safe, clean, and free from significant hazards. This includes functioning plumbing, heating, electrical systems, and compliance with local building codes. In addition, tenants have the right to:
- Privacy. While landlords have the ability to enter a tenant’s premises for maintenance, repairs, and inspection, they should give notice (unless there is an emergency).
- Protection from retaliation. Tenants are protected from eviction or other retaliatory actions if they assert their legal rights, such as joining a tenants’ union.
- Protection from discrimination. Landlords cannot discriminate against tenants based on race, gender, sexual orientation, disability, religion, or other protected categories.
Tenants have responsibilities too, including a duty to pay rent on time, take reasonable care of the property, and stay compliant with lease terms. Renters must not cause property damage or conduct any illegal activity on the premises. They can be held liable if their actions or negligence cause damage to the property or make it hard for other tenants to enjoy their homes peacefully.
Discrimination and Retaliation Laws
In Colorado, both state and federal laws protect tenants from discrimination and retaliation in housing. Under the Colorado Anti-Discrimination Act (CADA) and the Fair Housing Act (FHA), landlords cannot discriminate against tenants based on race, color, national origin, sex, religion, familial status, disability, or sexual orientation. Landlords must treat all tenants equally in matters such as renting, lease renewals, and eviction.
Despite these laws, discrimination can and does occur. For example, discrimination can occur when a landlord refuses to rent to someone, imposes unfair terms or conditions, or provides unequal treatment due to a tenant’s protected characteristic. For instance, refusing to rent to a family with children or charging a higher rent to tenants based on their national origin would violate these laws.
In some cases, discrimination is more subtle. A common cause of landlord-tenant disputes involves pets. While a landlord can prohibit pets in rentals or charge an extra fee for tenants with pets, these provisions can be discriminatory if someone has a disability and is required to have a service dog or emotional support animal.
In addition to being protected from discrimination, tenants are also protected from retaliation by landlords. If renters engage in certain legal actions, such as complaining about unsafe living conditions, reporting violations of local housing codes, or asserting their rights under the lease agreement, the landlord cannot retaliate by evicting the tenant, raising the rent, or refusing to renew the lease without a legitimate reason. If the tenant can prove retaliation, the eviction may be dismissed, or the landlord may be required to pay damages.
If a tenant believes they have been discriminated against, they have the right to file a complaint with the Colorado Civil Rights Division (CCRD). In cases of discrimination or retaliation, tenants can also file a legal claim to seek damages or other remedies. The challenge is that it can be hard to prove discrimination or retaliation, which is why it can be useful to work with a landlord-tenant dispute attorney.
Local Laws and Ordinances
Both landlords and tenants need to keep in mind that in addition to federal and state laws, some municipalities have zoning laws and rental laws. Some cities, for example, require additional licensing or permits for specific rentals. In Denver, for instance, landlords who offer short-term rentals need to meet additional requirements than what the state requires of landlords.
Our legal team has helped landlords and tenants across Colorado. We secured compensation for a client after their building management failed to fix an elevator. Since our client was living with a disability, the management effectively trapped her in her home. We also secured $10,000 in damages as well as lease termination for a client who had a rental unit with a severe mold infestation.
If you are having trouble with an eviction or any other rental matter, contact Flaxman Law Group at 970-999-0530 to schedule a consultation with a landlord-tenant dispute attorney.
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Landlord-Tenant Dispute Clients Often Ask Us
These Important Questions
A landlord can typically keep all or part of your security deposit to cover unpaid rent, damage beyond normal wear and tear, or other lease violations. However, they must provide an itemized list of deductions and return any remaining amount within a specific timeframe, as required by local laws.
With a proven track record and a client-focused approach, we strive to make the legal process as stress-free as possible. Trust our offices in Colorado and Florida to provide honest representation throughout your landlord-tenant dispute. Contact Flaxman Law Group today so we can assist you with your landlord-tenant issue.
Landlords must always provide notice and cannot evict without going through proper court process, unless the lease or local laws specify otherwise. For example, in cases of criminal activity or immediate danger to the property, the landlord may proceed with an expedited eviction. Always check your lease and local tenant laws for specific requirements.
If your landlord fails to address necessary repairs after you've notified them in writing, you may have options such as:
Withholding rent (where allowed by law).
Making the repair yourself and deducting the cost from your rent. Reporting the issue to local housing authorities.
Seeking legal remedies in court. Document all communication and the condition of the property to strengthen your case.
The length of the eviction process varies depending on local laws and the circumstances of the case. It can take anywhere from a few weeks to several months. Generally, the process involves:
- A formal notice period.
- Filing of an eviction lawsuit.
- A court hearing.
- Enforcement of the eviction by local authorities, if necessary.
- Tenants may appeal or request delays, which can extend the timeline.
Landlord-Tenant Practice Areas
Broad Experience in Landlord-Tenant Disputes
Skillfully navigated complex landlord-tenant conflicts, advocating for fair resolutions and protecting clients’ rights in rental and lease agreements.
Protecting Tenant Rights:
Helped hundreds of tenants recover withheld security deposits, terminate leases, transfer units, or obtain alternative housing in cases involving habitability issues.
Preventing Wrongful Evictions:
Represented tenants to successfully block unlawful eviction attempts, ensuring their housing rights were upheld.
Advocating for Landlords:
Assisted landlords in evicting problematic tenants and recovering compensation for property damages, lost income, and other related losses.