Colorado Pet Rent Laws in 2025: A Guide for Landlords

Pets play a significant role in the lives of many Coloradans, with a large percentage of households owning at least one pet. Whether it's a dog accompanying its owner on a mountain hike or a cat lounging in a cozy apartment, pets are part of the culture and lifestyle in the state. However, for renters, finding pet-friendly housing can be a challenge as many landlords impose pet restrictions, additional fees, or outright no-pet policies to protect their properties from damage and liability concerns.

In response to the growing demand for pet-friendly rentals, Colorado has taken legislative action to create fairer housing policies for pet owners while still allowing landlords to protect their investments. The recent House Bill 23-1068, which took effect on January 1, 2024, introduces limits on pet deposits and pet rent, ensuring that landlords cannot charge excessive fees for tenants with pets. This law aims to make renting more accessible and affordable for pet owners, while still allowing landlords to cover potential pet-related expenses.

Additionally, landlords must comply with federal and state laws regarding service animals and emotional support animals (ESAs). These animals are not considered pets under the law, meaning landlords cannot impose additional pet-related fees, rent, or deposits for tenants with disabilities who require them. Understanding the difference between regular pets, service animals, and ESAs is essential to ensure compliance and avoid legal disputes.

This guide provides a comprehensive overview of Colorado’s pet rental laws, covering landlords' rights, tenant protections, pet fees, service animal regulations, and best practices for crafting a clear and enforceable pet policy. By understanding these regulations, landlords can create fair policies that attract responsible pet owners while protecting their properties and ensuring compliance with state and federal laws.

Legal Framework Governing Pets in Colorado Rentals

Landlord Discretion and Pet Policies

In Colorado, landlords generally have the authority to establish pet policies within their rental properties. This discretion allows property owners to decide whether to permit pets and to set conditions such as breed or size restrictions. These policies must be clearly outlined in the lease agreement to ensure transparency and avoid disputes.​

However, exceptions exist for service animals and emotional support animals (ESAs). Under federal and state laws, these animals are not classified as pets, and landlords are required to provide reasonable accommodations for tenants who rely on them, even if a no-pet policy is in place. Importantly, landlords cannot impose additional fees or deposits for service animals or ESAs.​

Recent Legislation Impacting Pet Policies

To promote more equitable access to housing for pet owners, Colorado enacted House Bill 23-1068, effective January 1, 2024. This legislation introduces specific limitations on pet-related charges that landlords can impose.

• Pet Rent Cap: Landlords may charge pet rent, but it is capped at $35 per month or 1.5% of the monthly rent, whichever amount is greater. 
• Pet Deposit Limit: Any additional pet deposit is limited to a maximum of $300 and must be refundable.

These provisions aim to prevent excessive financial burdens on tenants with pets while allowing landlords to cover potential pet-related damages.​

Pet Deposits and Fees

Security Deposit Limits

Under Colorado law, landlords are permitted to collect a security deposit to cover potential damages or unpaid rent. With the enactment of House Bill 23-1068, specific caps have been placed on pet-related deposits. Pet deposits are capped at $300 per pet, and it must be refundable.

It's essential for landlords to distinguish between general security deposits and pet-specific deposits, ensuring that the combined total does not violate state-imposed limits.​

Pet Rent

In addition to security deposits, landlords in Colorado may charge a monthly fee known as pet rent. This fee is intended to offset potential wear and tear caused by pets. According to House Bill 23-1068, pet rent cannot exceed $35 per month or 1.5% of the monthly rent, whichever is greater.

These regulations are designed to balance the interests of landlords in maintaining their properties and tenants in securing affordable, pet-friendly housing.​

Service Animals and Emotional Support Animals

In Colorado, both service animals and emotional support animals (ESAs) are afforded specific legal protections, distinguishing them from typical pets. Landlords must understand these distinctions to ensure compliance with federal and state laws.​

Legal Definitions and Protections

• Service Animals: Under the Americans with Disabilities Act (ADA), a service animal is defined as a dog (or, in some cases, a miniature horse) that is individually trained to perform tasks directly related to an individual's disability. These tasks can include guiding individuals with visual impairments, alerting those with hearing impairments, pulling a wheelchair, or providing assistance during seizures.​
• Emotional Support Animals (ESAs): ESAs provide comfort and support to individuals with emotional or psychological conditions. Unlike service animals, ESAs do not require specific training to perform tasks related to a disability.​

In Colorado, both service animals and ESAs are considered assistance animals, and landlords are required to make reasonable accommodations for tenants who have them. This obligation exists even if the property maintains a no-pet policy. However, while service animals are granted public access rights, ESAs do not have the same privileges in public spaces.​

Prohibited Charges

Landlords cannot charge additional pet deposits, fees, or rent for service animals or ESAs. These animals are not considered pets under the law, and imposing extra charges constitutes discrimination. However, tenants are responsible for any damages caused by their assistance animals beyond normal wear and tear.

When a tenant requests accommodation for an ESA, landlords are permitted to request reliable documentation, such as a letter from a licensed healthcare professional, verifying the tenant's need for the animal. For service animals, if the disability and need for the animal are not apparent, landlords may ask:​

1. Is the animal required because of a disability?​
2. What work or task has the animal been trained to perform?​

Landlords cannot request documentation for service animals beyond these inquiries.

Best Practices for Landlords

Establishing clear and fair pet policies is essential for landlords to protect their property while accommodating tenants with pets or assistance animals. By implementing comprehensive guidelines and ensuring compliance with anti-discrimination laws, landlords can foster positive tenant relationships and minimize potential disputes.​

Crafting Clear Pet Policies

A well-defined pet policy should be included in the lease agreement and address the following elements:

• Allowed Pets: Specify which types of pets are permitted, including any restrictions on species, breeds, sizes, or the number of pets allowed.​
• Pet Deposits and Fees: Clearly outline any additional deposits or monthly fees associated with pet ownership, ensuring they comply with Colorado's security deposit limits.​
• Tenant Responsibilities: Detail expectations for pet care, such as maintaining cleanliness, preventing noise disturbances, and ensuring the pet does not cause damage to the property.​
• Vaccinations and Licensing: Require proof of up-to-date vaccinations and any necessary licenses as mandated by local ordinances.​
• Consequences of Policy Violations: Explain the actions that will be taken if the pet policy is violated, which may include fines, removal of the pet, or eviction in severe cases.​

It's important to note that while landlords can set policies regarding pets, they must make reasonable accommodations for tenants with service animals or ESAs, as these are not considered pets under the law.​

Ensuring Compliance with Anti-Discrimination Laws

Landlords must apply pet policies uniformly to all tenants to avoid potential discrimination claims. This includes consistent enforcement of pet-related fees, deposits, and restrictions. Policies should not disproportionately affect tenants based on protected characteristics such as race, religion, disability, or familial status.​

For assistance animals, landlords are required to provide reasonable accommodations and cannot impose pet fees or deposits. However, tenants can be held responsible for any damages caused by their assistance animals. It's advisable for landlords to familiarize themselves with both federal and state fair housing laws to ensure full compliance.

Key Takeaways for Landlords

Colorado’s evolving pet rental laws reflect a growing effort to balance tenant rights with landlord protections. While landlords can set pet policies and charge pet fees, recent legislation like House Bill 23-1068 has introduced limits on pet rent and deposits to prevent excessive financial burdens on tenants.

Final Thoughts on Pet Policies in Colorado Rentals

• Landlords can charge pet rent and deposits, but they must stay within state-imposed limits—pet rent cannot exceed $35 per month or 1.5% of the monthly rent, and pet deposits cannot exceed $300.
• Service animals and ESAs are not considered pets, meaning landlords cannot charge pet fees, rent, or deposits for them. However, tenants are responsible for any damages caused by these animals.
• A clear lease agreement should outline pet policies, including allowed pets, size or breed restrictions, pet-related fees, and tenant responsibilities.
• Colorado’s pet rental laws are still evolving, so landlords should stay updated on future legislative changes that may impact their ability to restrict pets or impose fees.

By establishing fair and enforceable pet policies, landlords can protect their rental properties while accommodating responsible pet owners. A balanced approach ensures compliance with state and federal regulations while attracting and retaining reliable, pet-owning tenants.

Frequently Asked Questions About Colorado Pet Rent Laws

What is the new pet rent law in Colorado?

Effective January 1, 2024, Colorado's House Bill 23-1068 caps pet-related charges for tenants. Landlords cannot charge more than $35 per month or 1.5% of the monthly rent (whichever is greater) as pet rent. Additionally, pet deposits are limited to a maximum of $300, and these deposits must be refundable.

How much can a landlord charge for pet rent in Colorado?

Under the new law, landlords in Colorado can charge pet rent up to $35 per month or 1.5% of the tenant's monthly rent, whichever amount is greater. For example, if the monthly rent is $2,500, the maximum pet rent would be $37.50 (since 1.5% of $2,500 exceeds $35). ​

What are the renters' rights in Colorado?

Renters in Colorado are entitled to various rights, including:​

• Right to a Habitable Living Environment: Landlords must ensure rental properties meet basic health and safety standards.​
• Protection Against Discrimination: Tenants are safeguarded from discrimination based on race, color, religion, sex, familial status, national origin, or disability.​
• Regulated Security Deposits: Landlords cannot demand security deposits exceeding two months' rent, plus an additional $300 for pet deposits if applicable.
• Privacy Rights: Landlords should provide reasonable notice before entering the rental property, except in emergencies.​

Can a landlord break a lease for pets in Colorado?

If a tenant violates a no-pet policy outlined in the lease agreement by bringing in a pet without permission, the landlord may have grounds to terminate the lease. However, for service animals and emotional support animals (ESAs), landlords are required to provide reasonable accommodations, even if a no-pet policy exists, as these animals are not considered pets under the law.​

Is pet rent negotiable in Colorado?

While the law sets maximum limits on pet rent, tenants can attempt to negotiate terms with landlords. Landlords may be open to adjusting pet rent based on factors like the pet's size, breed, behavior, or the tenant's rental history. However, landlords are not obligated to lower pet rent below the established caps.​

Can I get evicted for pet sitting in Colorado?

Pet sitting, especially on a temporary basis, can be a gray area. If the lease explicitly prohibits all pets or requires prior approval, having an unauthorized pet, even temporarily, could be considered a lease violation, potentially leading to eviction. It's advisable to communicate with the landlord and obtain written permission before pet sitting to avoid potential issues.