This page is intended to give Fort Collins renters the information they need to stand up for their right to live peacefully without fear of discrimination or retaliation from a landlord.
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***This is not legal advice. We are not lawyers. See the section below on free/reduced legal aid***
Review of Colorado's New Renter Protection Laws:
- EVICTIONS AND NON-RENEWALS: HB23-1171 and HB24-1098 require landlords to provide a valid reason to evict or not renew a contract with a tenant.
- HABITABLE HOMES: SB24-094 spelled out that landlords make timely repairs to maintain habitability of rental units and may be required to provide temporary housing. Renters can withhold rent in certain circumstances.
- SECURITY DEPOSITS: HB25-1249 clarified that “normal wear and tear” isn't a reason for landlords to withhold a security deposit and requires a written statement be provided to a renter detailing any deductions from tenant’s security deposit. Security deposits are capped at one month’s rent. Installment plans for payment of deposit must be allowed. Regulates preexisting damages regulations and empowered tenants to request walk-through inspections to document damages.
- DISCRIMINATION BASED ON DISABILITIES: HB24-1318 shields tenants with disabilities from expenses of making or undoing necessary modifications.
- VICTIMS OF GENDER-BASED VIOLENCE: HB25-1168 codified protections for victims of gender-based violence.
- DISCRIMINATION BASED ON IMMIGRATION STATUS: SB20-224 shields renters from landlords inquiring about immigration/citizenship status.
- STRENGTHENING HAND OF VICTIMS: HB25-1239 empowers victims of discrimination to recover more money in damages and extends the statute of limitations for discrimination charges.
- FEDERALLY SUBSIDIZED TENANTS: HB25-1249 codified a slate of protections for tenants who qualify for housing subsidies: Subsidies must be accepted on equal footing with any other income; rent must be reduced or refunded appropriately if warrant of habitability is violated; late fees not to exceed $20; federal notice rules must be followed for evictions; landlords must cooperate in good faith with housing authorities; negligence in responding to tenant requests may be deemed unfair housing practices; established minimum dollar amount damages for civil suits claiming discrimination.
- PROTECTIONS FOR TRANSGENDER INDIVIDUALS: HB25-1312 details protections for transgender individuals in employment, housing and public spaces.
Common Housing Violations
- IMPROPER APPLICATION FEES: Landlords must provide a receipt of expected or actual expenses for the application fee and return any unused amount within 20 days of processing. "Admin fees,” “Holding Fees,” or “Processing Fees” are treated as application fees and are illegal of they are nonrefundable and charged before occupancy begins.
- FEE UNIFORMITY: Landlords cannot charge different fees to different applicants.
- MUST ACCEPT PORTABLE TENANT SCREENING REPORTS, which renters can purchase from a third-party service or request from a landlord they've applied with.
- CANNOT CONSIDER CREDIT HISTORY > SEVEN YEARS.
- CANNOT CONSIDER ARREST RECORDS AT ALL.
- CANNOT REQUIRE INCOME TO BE MORE THAN 2x ANNUAL RENT
Common but Illegal Reasons for Application Denials
- Requiring 3x rent in income or anything above 2x.
- Requiring “No arrests,” “no pending charges,” or any use of arrest records that don't have a conviction.
- Rejecting because of credit or rental history more than seven years old.
- Denying an applicant because of their source of income.
- Denying someone because they have children, are pregnant, are unmarried, are LGBTQ+, are disabled, are a veteran, a particular religion, a certain race, ancestry, national origin.
- Claiming the unit is unavailable as cover for discrimination. Landlords must give a reason for a denial in writing. The unit must be rented through a genuine, neutral first-complete-application process.
Habitability and Repairs
- Sometimes lease agreements will say: "renters handle all maintenance." Landlords cannot waive the duty to provide safe, livable housing and must pay to repair habitability issues including: no water, no hot water, unsafe gas or electrical systems, failed heat, leaks letting weather in, broken locks, sewage/plumbing failures, unsafe stairs and pests. It's usually on the landlord to address mice and bed bugs (unless the renter caused the infestation or made it worse).
- Air conditioning generally isn't considered as a requirement for habitability but landlords typically can't ban portable units either.
- Timing of Repairs:
- Within 24 hours for health/safety repairs: landlord must act
- Within 24 hours for other habitability repairs: landlord communicates a repair plan
- Within 72 hours for other habitability repairs: landlord starts work on repairs
- Access for Repairs:
- Landlords generally must give at least 24 hours’ written notice with the date, time, and estimated duration of the repair. A renter can reasonably decline that time and offer or accept a reasonable alternative. Landlords can sometimes access without notice during emergency conditions.
- Always report issues in writing, take photos or video, keep copies, and give reasonable access for repairs.
- Renters can request a different comparable unit or a hotel at no cost when a unit's condition materially interferes with life, health, or safety.
- Be very careful about withholding rent: This might get you evicted and expose you to damages. Renters can only withhold rent through a careful process that includes written notice, giving time for the landlord to act, using a licensed or qualified professional, and documenting proof of the cost.
Getting Rental Deposits Back
A renter's security deposit remains the renter's money unless the landlord has a lawful, documented, and timely reason to keep it to make specific repairs. Here are some other things to know:
- A residential security deposit generally cannot exceed two months’ rent.
- An additional pet deposit is capped at $300 and must be refundable.
- The default deadline is now 30 days after the lease ends or the tenant surrenders and the landlord accepts the premises, whichever is later. A written lease may extend that deadline up to 60 days.
- Carpet and Painting: Full-carpet replacement requires tenant-caused damage beyond normal wear; carpet more than 10 years old cannot be treated as substantially and irreparably damaged. Full-unit repainting requires substantial damage throughout the unit—not ordinary turnover painting.
- Wear and Tear / Cleaning: Landlords cannot charge for normal wear and tear. But a renter can be charged if a unit is left substantially less clean than it was at move-in. Take pictures when you move in! Normal wear includes faded paint, light scuffs, worn carpet, minor aging of fixtures, and ordinary use over time.
- Potentially chargeable damage might include: a large holes in drywall, broken blinds, a missing appliance parts, pet urine damage, unauthorized painting of walls, burn marks, or a unit left dirtier than it was at move-in.
- Itemized statements: Landlords cannot just say "damages" on the deposit withholding statement. The statement must list the exact reasons for each amount withheld.
If the landlord improperly withholds money: send a written demand identifying the problem and stating that you intend to file suit if the money is not returned. Colorado requires at least seven days’ notice before a tenant seeks damages, attorney fees, and costs. If the landlord does not return the money during that seven-day window, the tenant may seek up to three times the wrongfully withheld amount; the landlord has the burden of showing the withholding was lawful.
Legal Help
We're not lawyers here at YIMBY, but these links might help you figure out your housing legal issues:
How to File in Small Claims Court in Larimer County
Colorado Legal Services: Legal Aid for those Facing Eviction
Colorado Poverty Law Project: More Legal Help for those Facing Eviction
Ask-a-Lawyer: Meet With an Attorney for 15 minutes For Free