The statewide Colorado landlord-tenant law is landlord-friendly, generally speaking. Colorado is home to 5,557,560 residents, with 32% of the population renting a home. That means a whopping 1,778,419 people in the state live in rental properties.
With such a huge population of renters, as a landlord, it only makes sense to have a good understanding of the tenancy laws.
This will not only help you understand your rights and responsibilities better, but it will also help minimize confusion and misunderstandings that may result in a lawsuit.
That’s why we here at Blue Mountain Property Management have written this overview of Colorado landlord-tenant laws.
Required Landlord Disclosures in Colorado
In the state of Colorado, there are certain disclosures that you need to make to your tenant before lease signing. They include:
• Lead Paint: Lead-based paint is still present in many homes, including those built after 1970, and its exposure can be a major health concern. So, if your property has lead-based paint, the law requires that you make that known to your tenants.
• Mold: Mold can pose a danger to both the structure of the property as well as to the health of tenants.
• Utility Disclosures: You also need to disclose important information regarding the water source and quality, and drainage, sewers, and flooding.
• Special Taxing District: If the property is in a special taxing district, you’ll need to disclose that to your tenant.
• Transportation Projects: You must disclose any proposed transportation project to your tenant, especially one that may affect the property.
• Common Interest Community: If your property is part of a common interest community, then you must disclose it to a tenant. That’s because their leasing would obligate them to pay certain fees.
Colorado Landlord Rights & Responsibilities
In the state of Colorado, landlords have the right to:
• Ask for a security deposit prior to allowing tenants to rent their property.
• Receive rent payments when due.
• Enter a tenant’s rental to make important repairs, with advanced notice.
• Be notified when a tenant wants to leave for an extended period of time.
• Be notified when a tenant wishes to move out.
As for the responsibilities, landlords are responsible for:
• Complying with all the terms of the lease agreement.
• Making requested repairs within a reasonable amount of time.
• Maintaining the peace and quiet of the property.
• Providing notice whenever looking to change any part of the lease agreement.
• Following the proper eviction process when looking to evict a tenant.
Colorado Renters Rights & Responsibilities
In the state of Colorado, tenants have a right to:
• Peaceful and quiet living conditions.
• Be notified whenever a landlord wants to make changes to the terms of the lease.
• Remain in the property until the proper eviction procedure has been carried out.
• A home that meets the basic health, safety, and building conditions.
• Have requested repairs done in a timely manner.
As for the responsibilities, tenants are responsible for:
• Paying rent when it’s due.
• Maintaining the peace and quiet of the property.
• Abiding by all the terms of the agreement.
• Informing the landlord when repairs need to be done.
• Notifying the landlord when planning to leave for an extended amount of time.
• Notifying the landlord when looking to move out.
An Overview of the Landlord-Tenant Laws
1. Privacy Rights
The Colorado landlord-tenant law doesn’t have a provision on just how much notice a landlord should give tenants before entering their rental unit. It’s recommended, however, that a landlord give a tenant at least 24 hours prior to entry.
A landlord can enter a tenant’s premises to do any of the following:
• To show the property to prospective lenders, renters or buyers.
• To make repairs that have been agreed upon with the tenant.
• Pursuant to a court order.
• In case the tenant abandons the property.
• In the case of an emergency.
The landlord must also enter only during normal hours, or at a time agreed to by the tenant.
2. Fair Housing Laws
Much like any other state, Colorado landlords must follow the provisions of the federal Fair Housing Act. This Act makes it illegal for landlords to discriminate against tenants based on 7 protected classes.
The classes are sex, religion, race, national origin, familial status, disability and color.
What’s more, Colorado has its own act that protects even more classes. The classes are sexual orientation, ancestry, creed, and marital status.
So, in total, there are 11 protected classes in the state of Colorado.
3. Security Deposit Rules
Colorado landlords have a right to ask for a security deposit from tenants before a lease can be signed. This helps cushion landlords against financial ruin caused by tenants:
• Causing excessive property damage.
• Breaking the lease before it expires.
• Refusing to pay rent when it is due.
• Leaving the property unclean when moving out.
• Not paying off utility bills when moving out.
For the full text on the state’s security deposit law, please click here.
4. Warranty of Habitability
As a landlord, it’s your responsibility to keep your rental unit safe and habitable. A safe and habitable property is one that meets the following standards:
• Common areas are kept reasonably clean and free from vermin infestation.
• Electric lighting is kept in good working order.
• Heating fixtures are functioning.
• Running water is present at all times.
• Gas and plumbing are working as they should.
• Windows, doors and roofs are weatherproofed.
5. Rent Withholding
Yes, tenants can withhold rent in Colorado. This is only if the warranty of habitability is breached. For example, if there is presence of hazardous mold, insufficient heating, lack of running water, and lack of weather protection.
Disclaimer: This blog is only meant to be informational and is in no way a substitute for legal advice from a qualified attorney. If you have more questions or need further clarification, please consider hiring professional services.