Security Deposit Laws
Maximum Amount: Two months’ rent, except for mobile home park tenancies, which are capped at one month’s rent (§ 38-12-102.5; § 38-12-207(1)).
- Receipt Required? Yes, a landlord must provide their tenant with a paper or electronic receipt for any rental payment or deposit made via cash or money order (Colorado General Assembly HB21-1121).
Pet Deposit: A landlord may request an additional refundable pet security deposit of up to $300 (§ 38-12-106(1)) . Legally verified service and emotional support animals are exempt from pet deposits (§ 24-34-803(1); § 24-34-502.2).
Landlords are prohibited from demanding any deposits for legally verified service or emotional support animals.
Return Period: Within one month after the termination of the lease or surrender of the premises, unless the written lease agreement designates a longer period up to a maximum of 60 days (§ 38-12-103(1)).
- Itemized List Required? Yes, if any portion of the deposit is withheld, the landlord must mail an itemized list of deductions for unpaid liabilities and property damage beyond normal wear and tear to the tenant’s last known address within 30 days of the lease’s termination or the surrender of the premises (§ 38-12-103(1)). Failure to provide this itemization within the statutory timeline results in total forfeiture of the landlord’s right to keep any funds (§ 38-12-103(2)-(3)).
Landlord Disclosures
Landlord’s Identification: The lease agreement must state the landlord or authorized property manager’s full legal name, physical address, and primary contract information (§ 38-12-801(1)-(2)).
Lead-Based Paint Disclosure: For residential structures constructed before January 1, 1978, the landlord must disclose any known lead-based paint hazards and provide an EPA-approved information pamphlet prior to lease execution (40 CFR § 745.113).
Portable Tenant Screening Report (PTSR) Notice: Before accepting an application fee, the landlord must provide a written notice advising prospective tenants of their right to provide their own PTSR report. If a tenant submits a valid report, the landlord must accept it and may not charge a rental application fee or any other fee to access the report (§ 38-12-904(1.5)(d)).
Radon Disclosure: Landlords must provide a written radon warning statement and disclose any historical radon testing records, detected concentrations, or active mitigation systems present on the property (§ 38-12-803).
Security Deposit Parameters: The lease contract must specify the exact amount of the security deposit collected, outline the designated return timeline, and notify the tenant of their right to receive an itemized statement alongside supporting documentation for any dynamic deductions (§ 38-12-103).
Source of Income Non-Discrimination Notice: Landlords who own more than five residential rental units must include a disclosure in the lease agreement stating that housing discrimination based on a tenant’s lawful source of income is prohibited by law. (C.R.S. § 38-12-801(2.5)(a-b)).
Total Monthly Price Disclosure: The lease agreement must disclose the comprehensive, all-in monthly rental price upfront, ensuring that property management fees and other mandatory administrative costs are integrated into the stated price (§ 6-1-737; § 38-12-801).
Sample
Download: PDF, MS Word (.docx)
