Real Estate Grant Dolby July 18, 2026
Real Estate Grant Dolby July 18, 2026
Find a tenant, sign a lease, collect the rent, and call someone when the dishwasher quits. What could go wrong?
Quite a bit.
Colorado’s landlord-tenant laws have changed substantially in recent years. The state now places significant legal and procedural obligations on landlords involving tenant screening, lease terms, deposits, repairs, fees, notices, and evictions.
That does not mean owning rental property is a bad idea. It means you should treat it as a business—not as an informal arrangement with someone who seems nice.
Before handing over the keys, here is what every first-time Colorado landlord should understand.
The most expensive mistake a landlord can make is selecting the wrong tenant.
A higher rent does not compensate for missed payments, property damage, repeated complaints, legal expenses, or an eviction that takes months to resolve.
Use a written, consistently applied screening process that may include:
Colorado restricts how landlords may evaluate applicants. For example, landlords generally may not require a prospective tenant to have annual income exceeding twice the annual rent. Colorado also limits how far back certain credit, rental, and criminal histories may be considered. (Colorado General Assembly)
Write down your approval criteria before advertising the property and apply the same standards to every applicant. Making exceptions based on instinct is where fair-housing complaints and expensive inconsistencies begin.
Trust your paperwork, not your gut. Your gut will not testify particularly well in court.
Federal fair-housing law prohibits housing discrimination based on race, color, religion, sex, national origin, familial status, and disability. Colorado law provides additional protections, including protections involving lawful sources of income. (HUD)
These laws affect:
Avoid language such as “perfect for a young couple,” “no children,” “ideal for singles,” or anything suggesting a preferred type of occupant.
Describe the property, not the person you hope will rent it.
Landlords must also properly address requests involving service animals, assistance animals, disability-related accommodations, and modifications. These are not necessarily treated the same as ordinary pets.
When an applicant is denied, Colorado law may require written notice explaining the reasons for the denial. Keep records supporting every decision. (Colorado General Assembly)
Colorado landlords may charge an application fee only when the money is used to cover the actual cost of processing the application.
The fee must generally be consistent among applicants, and the landlord must provide either an estimate of anticipated expenses or an itemization of the actual expenses. Any unused portion must be returned through a good-faith effort within the required period. (Colorado General Assembly)
Do not round the fee up because screening applicants takes time. An application fee is reimbursement for screening costs, not compensation for inconvenience.
Consider using a reputable screening service that clearly documents what was charged and what information was reviewed.
A lease is not merely a form confirming the rent and move-in date. It is the operating agreement for the entire tenancy.
A professionally prepared Colorado lease should clearly address:
Colorado prohibits or restricts certain lease provisions and fees. Calling every charge “additional rent” does not magically make it enforceable. Colorado has specifically restricted lease provisions that characterize amounts other than the monthly occupancy payment as rent for eviction purposes. (Colorado General Assembly)
Colorado has also adopted broader pricing-transparency requirements affecting mandatory charges and rental advertising. Landlords should clearly disclose the total required cost rather than advertising an attractive rent and revealing unavoidable fees later. (Colorado General Assembly)
A generic online lease may be outdated, written for another state, or contain provisions that are unenforceable in Colorado.
Have a Colorado real-estate attorney or experienced property manager review the lease before using it.
A security deposit is not the landlord’s money. It is money held to secure the tenant’s obligations.
Colorado generally limits a residential security deposit to no more than two monthly rent payments. Separate pet-deposit rules also apply. (Colorado General Assembly)
As of January 1, 2026, Colorado’s security-deposit laws provide tenants with additional protections. Landlords may not retain money for normal wear and tear, preexisting conditions, or amounts exceeding actual damages. The law also contains specific requirements involving documentation and requested move-out inspections. (Colorado General Assembly)
Before move-in:
At move-out, compare the property against the documented move-in condition—not against the condition you wish it had been in.
Normal wear is a cost of owning rental property. A tenant does not owe you a full repaint because the walls no longer look freshly painted.
Colorado’s current law also places limits on carpet and paint deductions. For example, carpet replacement generally cannot be charged against a deposit unless the damage is substantial, irreparable, beyond normal wear, and did not preexist the tenancy. Carpet that has not been replaced within the preceding ten years receives additional statutory protection. (Colorado General Assembly)
Colorado limits an additional pet security deposit to a refundable $300. Pet rent is also regulated. (Colorado General Assembly)
But an assistance animal is not simply a pet with a more impressive title.
Service animals and qualifying assistance animals may be protected under disability and fair-housing laws. A landlord generally cannot automatically apply ordinary pet restrictions, pet rent, or pet deposits to a protected assistance animal.
You may still hold a tenant responsible for actual damage caused by an animal, but the request and documentation process must be handled properly.
This is one of the easiest areas for an inexperienced landlord to mishandle. Get professional guidance rather than arguing with an applicant over an online certificate.
Colorado’s warranty of habitability is automatically part of residential rental agreements. A landlord cannot eliminate it with clever lease language.
The property must be fit for human habitation when the tenant moves in and must remain habitable throughout the tenancy. (Colorado General Assembly)
Potential habitability issues can include problems involving:
Some conditions require rapid responses. In qualifying situations that materially interfere with life, health, or safety, a landlord may be required to provide a comparable dwelling or hotel room at no cost while repairs are completed. (Colorado General Assembly)
Tenants may have remedies that include terminating the lease, deducting qualifying repair costs from rent, seeking damages, or obtaining a court order compelling repairs. (Colorado General Assembly)
Establish a repair process before the tenancy begins:
Colorado law recognizes defenses when a tenant’s actions prevent repairs, but the landlord needs evidence—not merely a frustrated recollection of what happened. (Colorado General Assembly)
A landlord generally cannot punish a tenant for reporting a legitimate habitability concern or exercising protected rights.
Potentially retaliatory actions can include:
Colorado tenants may raise retaliation as a defense and may pursue damages, attorney fees, costs, or lease termination in qualifying cases. (Colorado General Assembly)
This does not mean a tenant who makes a complaint can never be held accountable for unpaid rent or a separate lease violation. It means every decision must be legitimate, properly documented, and handled through the correct legal process.
Colorado now generally requires a legally recognized reason before a residential tenancy can be terminated or an eviction pursued.
Recognized causes may include:
Colorado also recognizes limited no-fault reasons, such as an owner or qualifying family member moving into the property, substantial renovation, demolition, conversion, or removing the home from the rental market for sale. Each situation comes with conditions and notice requirements. (Colorado General Assembly)
Never:
An eviction is a court process. One incorrect notice, date, fee, or service method can delay the case and require the landlord to begin again.
When a tenancy is failing, involve a landlord-tenant attorney before improvising.
Colorado law is only one layer.
Cities and counties may have additional requirements involving:
Denver, Boulder, Fort Collins, Colorado Springs and mountain communities may not regulate rental property in precisely the same way.
Check the rules for the specific jurisdiction where the property is located before advertising it.
For most residential properties built before 1978, federal law requires landlords to disclose known information concerning lead-based paint and lead hazards before the lease is signed.
Landlords must generally provide the required disclosure language and the federally approved lead-hazard information pamphlet. (US EPA)
Do not treat this as an optional attachment to be completed after move-in. The disclosure process belongs before lease execution.
A landlord’s insurance generally protects the building and the owner’s liability interests. It does not normally protect the tenant’s clothing, electronics, furniture, temporary housing costs, or personal liability.
Require renters insurance through the lease and obtain evidence of coverage before possession.
The landlord should also speak with an insurance professional about:
A standard homeowner policy may not properly cover a tenant-occupied property.
Rent collected is not profit.
Plan for:
A reasonable reserve is essential. The furnace does not care that your tenant paid late.
Also consider the age of the roof, sewer line, appliances, heating system, water heater, windows and exterior components before deciding whether the projected rent makes the investment worthwhile.
Managing one rental can require more work than expected.
You are responsible for selecting tenants, collecting money, coordinating repairs, maintaining records, following changing laws, enforcing the lease, managing conflict and responding when something goes wrong.
A professional property manager may reduce your day-to-day workload, but management does not eliminate ownership risk. Select the manager as carefully as you select the tenant.
Ask prospective managers:
Colorado landlords still have enforceable rights. They can collect rent, establish reasonable rules, recover legitimate damages, enforce lease obligations and pursue possession when the law permits.
But the system offers little protection from poor preparation.
Your strongest protections are:
The lease should be the final step in a disciplined process—not the first piece of paperwork downloaded after finding someone willing to pay the rent.
Becoming a landlord can be profitable. Becoming an accidental, uninformed landlord can be painfully expensive.
This article provides general educational information and is not legal, tax, insurance, or property-management advice. Colorado laws and local ordinances change frequently. Property owners should consult qualified Colorado professionals regarding their specific property and circumstances.
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