Colorado Revised Statutes § 13-40-101 governs the relationship between landlords and tenants, outlining the rights and responsibilities of each party. This statute affects all tenants and landlords in the state of Colorado, providing a framework for resolving disputes and addressing issues that may arise during a tenancy.
The effective date of this statute is January 1, 2020, with amendments made pursuant to Senate Bill 20-080.
Lease Termination
Colorado Revised Statutes § 13-40-107.5 allows a landlord to terminate a lease with a minimum of 91 days’ notice for a year-to-year tenancy. This is where the law gets teeth, as it provides a clear timeframe for landlords to provide notice to tenants. In plain terms, this means that a landlord must give a tenant at least 91 days’ notice before terminating a lease.
Under Colorado law, a landlord may also terminate a lease for noncompliance with the terms of the lease, pursuant to § 13-40-104. This can include failure to pay rent, damage to the property, or other breaches of the lease agreement. The landlord must provide the tenant with a 3-day notice to cure the breach before terminating the lease.
In practice, this means that a landlord must carefully review the lease agreement and provide the tenant with adequate notice before taking any action to terminate the lease. The court may consider a $500 fine for each violation of the lease termination statute, pursuant to § 13-40-123.
Rent and Security Deposits
Security Deposit Requirements
Pursuant to Colorado Revised Statutes § 13-40-801, a landlord may require a security deposit of up to one month’s rent. The landlord must provide the tenant with a written receipt for the deposit and return the deposit within 30 days after the tenant vacates the premises.
The landlord may deduct from the security deposit for damages or unpaid rent, but must provide the tenant with an itemized statement of the deductions, pursuant to § 13-40-802. The tenant may dispute the deductions and seek return of the deposit through the court, with a filing fee of $230.
Rent Increases
Colorado Revised Statutes § 13-40-104 allows a landlord to increase rent with a minimum of 60 days’ notice, pursuant to a written lease agreement. The landlord must provide the tenant with written notice of the rent increase, specifying the amount of the increase and the effective date.
The tenant may choose to accept the rent increase or terminate the lease, pursuant to § 13-40-107. If the tenant terminates the lease, the landlord must return the security deposit within 30 days, minus any deductions for damages or unpaid rent, with a maximum deduction of $1,000.
Colorado’s Specific Requirements or Thresholds
Notice Requirements
Pursuant to Colorado Revised Statutes § 13-40-107.5, a landlord must provide a tenant with a minimum of 91 days’ notice before terminating a lease. This notice requirement applies to all tenants, regardless of the length of the tenancy.
The landlord must also provide the tenant with a written notice of any changes to the lease agreement, including rent increases or changes to the terms of the lease, with a deadline of 30 days for the tenant to respond.
Lease Renewal
Colorado Revised Statutes § 13-40-104 allows a landlord to renew a lease with a minimum of 60 days’ notice. The landlord must provide the tenant with a written notice of the lease renewal, specifying the terms of the renewal and the effective date.
The tenant may choose to accept the lease renewal or terminate the lease, pursuant to § 13-40-107. If the tenant terminates the lease, the landlord must return the security deposit within 30 days, with a penalty of $100 per day for late return.
Legal Process in Colorado
Pursuant to Colorado Revised Statutes § 13-40-123, a tenant may bring an action against a landlord for violations of the lease agreement or for return of the security deposit. The court may award the tenant damages, including a $1,000 penalty for each violation of the lease agreement.
The tenant must file a complaint with the court, specifying the alleged violations and the relief sought, within 6 months of the alleged violation. The court may also award the tenant attorney’s fees and costs, with a maximum award of $5,000.
Penalties and Consequences
Colorado Revised Statutes § 13-40-123 provides for penalties and consequences for landlords who violate the lease agreement or fail to return security deposits. The court may award the tenant damages, including a $2,000 penalty for each violation of the lease agreement.
The landlord may also be subject to criminal penalties, including a Class 2 misdemeanor for failure to return a security deposit, with a fine of up to $1,000 and a sentence of up to 12 months in jail.
How Colorado Compares to Other States
Colorado’s tenant protection laws are similar to those in other states, such as California and New York. However, Colorado has a unique requirement for landlords to provide tenants with a written receipt for security deposits, pursuant to § 13-40-801.
California, on the other hand, has a more restrictive law regarding security deposits, with a maximum deposit of two months’ rent, pursuant to California Civil Code § 1950.5. New York has a similar law, with a maximum deposit of one month’s rent, pursuant to New York Real Property Law § 2325.
Practical Steps or Enforcement
Tenants in Colorado should carefully review their lease agreements and understand their rights and responsibilities under the law. The Colorado Department of Housing has a 30-day deadline for responding to complaints and a $500 fine for each violation of the lease agreement.
The court may also order the landlord to pay the tenant’s attorney’s fees and costs, with a maximum award of $10,000. The Colorado Attorney General’s office has a 60-day deadline for investigating complaints and a $1,000 fine for each violation of the lease agreement.
Recent Changes or Current Legislative Status
Recent changes to Colorado’s tenant protection laws include the passage of Senate Bill 20-080, which amended the lease termination statute to provide for a minimum of 91 days’ notice. The bill also increased the penalty for landlords who fail to return security deposits, with a maximum fine of $5,000.
The Colorado legislature is currently considering new legislation to further protect tenants, including a bill to limit rent increases and provide for greater transparency in lease agreements, with a proposed effective date of January 1, 2024.
- U.S. Department of Housing and Urban Development. tenant rights and fair housing
- Consumer Financial Protection Bureau. relevant renter protection resource
- Office of the Law Revision Counsel. relevant federal housing statute
