Colorado enacted several tenant friendly housing laws in 2025 that place greater
obligations upon landlords in 2026.
What are the new regulations on tenant security deposits in Colorado?
HB25-1249 places new, tenant-friendly regulations on security deposits. Landlords are now
generally required to return security deposits within 30 days and to provide the tenant with
specific documentation for deductions. This law creates new inspection rights for tenants as well
as new standards for when a withholding is presumed wrongful. A landlord who withholds an
excessive amount (i.e. more than 125% of the actual damages) will be presumed to have
wrongfully withheld the security deposit.
Landlords should make sure that they understand security deposit rights and obligations to avoid
any potential liability for wrongly withholding a security deposit. If a security deposit is wrongly
withheld, a landlord loses the right to withhold any portion of the security deposit and the tenant
may sue to recover triple the amount wrongly withheld, as well as attorneys’ fees and court costs.
What are the new housing protections for victim-survivors in Colorado?
HB25-1168 gives housing protections to victims of domestic violence. Qualifying tenants can
claim various protections that impact their rent payments and can take actions like replacing door
locks. Landlords may be required to remediate damages caused by domestic violence at the
landlord’s expense. This law impacts all residential leases. Any landlord who fails to respond to
a tenant as required or has a lease that contradicts this law could face liability. Landlords should
know what to do if a tenant claims victim status.
What happens to a Colorado lease after a tenant’s death?
HB25-1108 invalidates certain lease provisions after a tenant’s death. It addresses what fees and
costs can be charged, what rental payments are due and for how long, and prohibits charging the
remainder of the lease or a lump sum amount upon a tenant’s death. The act also clarifies when
landlords can re-enter the rented property and take possession back. Landlords should update
their leases to ensure compliance.
What residential tenant screening is allowed in Colorado?
HB25-1236 changes the tenant intake process. Landlords must now accept screening reports
directly from tenants. Landlords are also now limited in collecting credit score and history
information from tenants who rent using subsidies.
Landlords who require tenant screening reports or a credit history from tenants who may be
using subsidies may need to change their intake process to comply.
For more information on any of these changes, please contact:
Leah Gallant, lgallant@garfieldhecht.com
Christine Gazda, cgazda@garfieldhecht.com
These summaries DO NOT REPRESENT LEGAL ADVICE. If you have any questions about
what these house bills mean for your business, reach out to our team today.
