Colorado tenant screening & landlord laws

Colorado does not set a flat dollar cap, but the Rental Application Fairness Act generally requires fees to be cost-based, uniform across applicants for the same unit, receipted, and partly refundable if unused (C.R.S. §§ 38-12-903, -904).

Colorado generally limits criminal-history consideration to convictions within the last 5 years, bans consideration of arrest records outright, and carves out several serious-offense categories from the lookback limit entirely (C.R.S. § 38-12-904(1)(b)) — a materially more protective rule than the FCRA/federal-only baseline in many other states.

Source of income, including public housing assistance and voucher participation, has generally been a protected class statewide since a 2020 law (HB 20-1332) took effect January 1, 2021 (C.R.S. § 24-34-502(1)(l)-(p)). Landlords with three or fewer units are exempt from these provisions, and a further narrow carve-out applies to voucher acceptance specifically for landlords with five or fewer single-family rental homes — the interaction between these two thresholds should be confirmed with counsel for edge cases.

Federal FCRA § 615 sets the baseline, and Colorado adds its own consumer reporting statute (C.R.S. § 5-18-106) giving applicants dispute rights, plus a state-specific denial-notice content and timing requirement (generally within 20 calendar days) that goes beyond FCRA's own timing language.

Colorado sets no dollar cap on security deposits. A deposit must generally be returned within one month of lease termination or surrender, extendable up to 60 days if the lease specifies; normal wear and tear may not be deducted; a written itemized statement is required for any withholding, or the landlord generally forfeits the right to withhold; and willful wrongful withholding can expose a landlord to treble damages plus attorney fees, though the tenant must give 7 days' notice before suing (C.R.S. § 38-12-103). No statewide interest-on-deposit requirement was found in this statute.

Colorado law generally prohibits counties and municipalities from enacting rent control on private residential housing, aside from narrow voluntary or deed-restricted affordable-housing agreements (C.R.S. § 38-12-301) — so no enforceable citywide rent caps exist even where local interest exists. Separately, since April 19, 2024, Colorado has generally required landlords to have a statutorily defined "cause" to evict a tenant or decline to renew — including lease violations or nuisance, or defined "no-fault" grounds such as demolition, substantial renovation, an owner or family member moving in, taking the unit off the rental market to sell, or a tenant's history of nonpayment (HB24-1098). This is a significant, comparatively recent change worth building into renewal and screening workflows.

Colorado's home-rule cities like Denver, Boulder, Colorado Springs, and Fort Collins can add local protections. While the state's Rental Application Fairness Act, source-of-income law, and just-cause eviction law apply uniformly and are comprehensive, landlords should still confirm current city code for any distinct local tenant-screening ordinances. This is an area of active legislative interest in Colorado, so it is particularly important to check current ordinances for Denver.

Colorado counties are legally distinct from municipalities, but no county-specific tenant-screening ordinance layered on top of the statewide framework described above was identified for the counties containing the cities checked.

Does Colorado cap security deposits? No dollar cap, but return timing is generally fixed at one month (up to 60 days if the lease specifies), with treble-damages exposure for willful wrongful withholding.

Are housing vouchers protected in Colorado? Generally yes — source of income, including vouchers, is a protected class statewide, with an exemption for landlords owning three or fewer units.

How far back can a Colorado landlord look at criminal history? Generally 5 years for most convictions, with arrest records excluded entirely and a short list of serious offenses exempt from the lookback limit.

Does Colorado require "just cause" to evict a tenant? Generally yes, since April 2024 landlords need a statutorily defined reason — a lease violation, nuisance, or a specific no-fault ground — to evict or decline to renew.

Checkr helps landlords run FCRA- and Colorado-compliant background checks, including the lookback limits and portable-report handling this state requires. Get started at tenant.checkr.com/signup to set up your first screening.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.