Last reviewed September 2026
Written by LawLease Editorial
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Colorado Rent-to-Own Agreement
This Rent-to-Own Agreement is built with Colorado as the governing state. These are the Colorado landlord-tenant rules that most often bear on it, with the statute for each.
Colorado rules at a glance
| Security deposit limit | 2 months’ rent; a separate pet deposit is capped at $300C.R.S. §§38-12-102.5, 38-12-106 |
|---|---|
| Deposit return | 30 days, or up to 60 days if the lease says so; noncompliance forfeits the right to withholdC.R.S. §38-12-103 |
| Pet deposits & pet rent | A pet deposit can’t exceed $300 and must be refundable; monthly pet rent is capped at the greater of $35 or 1.5% of the monthly rent (§38-12-106). Assistance animals aren’t pets and can’t be charged either. |
| Rent increases | Once per 12 months; 60 days’ written notice where there’s no written leaseC.R.S. §§38-12-701, -702 |
| Rent control | Counties and cities are barred from enacting rent control on private residential property (§38-12-301). |
| Month-to-month termination | 21 days under the common reading — 28 or 91 days if the tenancy is read by total length; cause is required for most tenants of 12+ monthsC.R.S. §13-40-107 |
Security deposits in Colorado
Since August 7, 2023, a Colorado landlord can’t require a security deposit of more than two monthly rent payments (§38-12-102.5). Colorado also regulates the return tightly — and the penalties for getting it wrong are among the harshest in the country. HB25-1249, effective January 1, 2026, added new documentation and wear-and-tear rules on top.
- Return deadline — The deposit, or a written statement listing the exact reasons for keeping any part of it together with the balance, is due within 30 days after the lease ends or the premises are surrendered, whichever is later. The lease may extend this to no more than 60 days (§38-12-103(1), as amended by HB25-1249).
- Forfeiture — Missing the deadline, otherwise failing to follow the statute, or wrongfully withholding forfeits the landlord’s right to withhold any portion of the deposit — even for real damage (§38-12-103(2)).
- Treble damages — Wrongfully withholding a deposit makes the landlord liable for three times the amount wrongfully withheld plus attorney fees and court costs, and the landlord bears the burden of proving the withholding wasn’t wrongful. The tenant must first give at least 7 days’ written notice of the demand and intent to sue (§38-12-103(3)). Since 2026, keeping 125% or more of the landlord’s actual damages is presumed to be bad faith (§38-12-103(3.5)).
- Wear and tear (2026) — Deductions can’t be taken for normal wear and tear or for conditions that existed before the tenancy, and a lease clause charging the tenant for such work is void. Within 14 days after a tenant’s written request, the landlord must share the photos, inspection reports, receipts, invoices or estimates supporting any deduction (§38-12-103(7)(b), (8), added by HB25-1249).
- Pet deposits & pet rent — A pet deposit can’t exceed $300 and must be refundable; monthly pet rent is capped at the greater of $35 or 1.5% of the monthly rent (§38-12-106). Assistance animals aren’t pets and can’t be charged either.
Rent, late fees & rent increases
- Late-fee cap — A late fee can’t be charged until rent is at least 7 calendar days late, can’t exceed the greater of $50 or 5% of the past-due rent (in total, for any one late payment), and must be disclosed in the lease. A landlord can’t evict, or terminate a tenancy, because the tenant hasn’t paid late fees, and a non-compliant lease clause is void (§38-12-105).
- Once a year — Rent may not be increased more than once in any 12-month period of consecutive occupancy, whatever the lease says (§38-12-702).
- Increase notice — Where there’s no written lease, an increase requires at least 60 days’ written notice, and a landlord can’t serve a notice to quit to get around that rule (§38-12-701). With a written lease, the lease’s notice terms govern, subject to the once-a-year limit.
- Total-price rules — Since January 1, 2026, an advertised or offered rent must be shown as a total price that includes mandatory fees (other than actual utility costs), and landlords can no longer charge certain fees — including common-area maintenance fees, property-tax pass-throughs, and payment-processing fees when no free way to pay is reasonably available (C.R.S. §6-1-737, added by HB25-1090).
- Rent control — Counties and cities are barred from enacting rent control on private residential property (§38-12-301).
Colorado Rent-to-Own Agreement FAQs
How much can a landlord charge for a security deposit in Colorado?
No more than two monthly rent payments (C.R.S. §38-12-102.5, in force since August 7, 2023). A separate pet deposit is capped at $300 and must be refundable, and pet rent can’t exceed the greater of $35 or 1.5% of monthly rent (C.R.S. §38-12-106).
How long does a landlord have to return a security deposit in Colorado?
Thirty days after the lease ends or the unit is surrendered, whichever is later — or up to 60 days if the lease specifies a longer period (the deadline changed from one month on January 1, 2026). Missing the deadline forfeits the right to keep any of it, and wrongful withholding can cost three times the amount withheld (§38-12-103).
More Colorado landlord documents
- Colorado Residential Lease Agreement
- Colorado Eviction Notice
- Colorado Security Deposit Return Letter
- Colorado Rent Increase Notice
- Colorado Notice to Vacate
- Colorado Application Approval Letter
- Colorado Application Denial Letter
- Colorado Background & Credit Check Authorization
- Colorado Rental Application
- Colorado Co-Signer Guarantor Agreement
- Colorado Bed Bug Addendum
- Colorado Mold & Mildew Addendum
- Colorado No-Smoking Addendum
- Colorado Parking & Storage Addendum
- Colorado HOA & Community Rules Addendum
- Colorado Crime-Free Housing Addendum
- Colorado Utilities & Services Addendum
- Colorado Early Termination Addendum
- Colorado Lease Extension Addendum
- Colorado Lead-Based Paint Disclosure
- Colorado Military Clause (SCRA)
- Colorado Pet Addendum
- Colorado Cash for Keys Agreement
- Colorado Mutual Lease Termination Agreement
- Colorado Lease Renewal Agreement
- Colorado Notice of Non-Renewal
- Colorado Late Rent Notice
- Colorado Lease Violation Notice
- Colorado Notice of Entry
- Colorado Move-In / Move-Out Inspection Checklist
- Colorado Rent Receipt
- Colorado Rent Verification Letter
- Colorado Tenant Welcome Letter
- Colorado Property Management Agreement
- Colorado Commercial Lease
- Colorado Short-Term Rental Agreement
- Colorado Room Rental Agreement
- Colorado Roommate Agreement
- Colorado Spanish Lease Agreement
- Colorado Sublease Agreement
- Colorado Lease Amendment
Rent-to-Own Agreement in other states
- Alabama Rent-to-Own Agreement
- Alaska Rent-to-Own Agreement
- Arizona Rent-to-Own Agreement
- Arkansas Rent-to-Own Agreement
- California Rent-to-Own Agreement
- Connecticut Rent-to-Own Agreement
- Delaware Rent-to-Own Agreement
- Florida Rent-to-Own Agreement
- Georgia Rent-to-Own Agreement
- Hawaii Rent-to-Own Agreement
- Idaho Rent-to-Own Agreement
- Illinois Rent-to-Own Agreement
- Indiana Rent-to-Own Agreement
- Iowa Rent-to-Own Agreement
- Kansas Rent-to-Own Agreement
- Kentucky Rent-to-Own Agreement
- Louisiana Rent-to-Own Agreement
- Maine Rent-to-Own Agreement
- Maryland Rent-to-Own Agreement
- Massachusetts Rent-to-Own Agreement
- Michigan Rent-to-Own Agreement
- Minnesota Rent-to-Own Agreement
- Mississippi Rent-to-Own Agreement
- Missouri Rent-to-Own Agreement
- Montana Rent-to-Own Agreement
- Nebraska Rent-to-Own Agreement
- Nevada Rent-to-Own Agreement
- New Hampshire Rent-to-Own Agreement
- New Jersey Rent-to-Own Agreement
- New Mexico Rent-to-Own Agreement
- New York Rent-to-Own Agreement
- North Carolina Rent-to-Own Agreement
- North Dakota Rent-to-Own Agreement
- Ohio Rent-to-Own Agreement
- Oklahoma Rent-to-Own Agreement
- Oregon Rent-to-Own Agreement
- Pennsylvania Rent-to-Own Agreement
- Rhode Island Rent-to-Own Agreement
- South Carolina Rent-to-Own Agreement
- South Dakota Rent-to-Own Agreement
- Tennessee Rent-to-Own Agreement
- Texas Rent-to-Own Agreement
- Utah Rent-to-Own Agreement
- Vermont Rent-to-Own Agreement
- Virginia Rent-to-Own Agreement
- Washington Rent-to-Own Agreement
- West Virginia Rent-to-Own Agreement
- Wisconsin Rent-to-Own Agreement
- Wyoming Rent-to-Own Agreement
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