Colorado Rent Increase Notice
In Colorado a landlord may increase the rent on a month-to-month tenancy only upon at least 60 days written notice (C.R.S. Section 38-12-701). Colorado has no statewide rent cap. Attorney review available.
Introduction
Colorado stands apart from most states here because it wrote a law aimed directly at rent increases rather than borrowing a termination rule. That statute, C.R.S. Section 38-12-701, is titled restrictions on increases in rent, and for a residential tenancy with no written agreement, such as a month-to-month, it says a landlord may increase the rent only upon at least 60 days written notice to the tenant. The 60 days do not shift with the size of the raise. Colorado still sets no statewide cap on the amount, so the landlord chooses the new figure, though a local ordinance where the unit sits may add its own notice or registration rules. A fixed-term lease keeps its rent for the term unless the lease allows a change, so the notice fits a month-to-month tenancy or takes effect at renewal. Put the parties, the rental address, the current rent, the new rent, and the effective date in writing, and count the full 60 days, because a shorter notice cannot take hold until a proper period has run. DocDraft assembles your Colorado rent increase notice from the details you enter, with attorney review available before you serve it.
Key Things to Know
- 1
A rent increase notice is a written notice from a Colorado landlord telling a tenant the rent will rise, stating the new monthly amount and the date it takes effect.
- 2
Colorado has a statute aimed directly at increases, C.R.S. Section 38-12-701, titled restrictions on increases in rent; for a tenancy with no written agreement it allows a raise only upon at least 60 days written notice.
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The 60 days do not shift with the size of the raise.
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No statewide cap sets the amount, so the landlord chooses it, though a local ordinance where the unit sits may add its own rules.
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A fixed-term lease keeps its rent through the term unless the lease allows a change, so this notice fits a month-to-month tenancy or takes hold at renewal.
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Name the parties, give the rental address, list the current and new monthly rent, and set the effective date, all in writing.
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A notice shorter than 60 days does not start on the date named; the raise waits until a full period has run.
Key decisions before you file
Before you file a Rent Increase Notice in Colorado, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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Colorado Requirements for Rent Increase Notice
On a month-to-month tenancy a Colorado landlord may increase the rent only upon at least 60 days written notice to the tenant (C.R.S. Section 38-12-701(2)(a)). The effective date must give the tenant at least that many days. Colorado does not add tiers based on the size of the increase.
Colorado has no statewide rent cap, so a landlord may set the new amount as long as the required 60-day notice is given, subject to any local ordinance where the unit is located. The new rent is set by this notice and the terms of the tenancy.
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. A rent increase notice applies to a month-to-month tenancy or takes effect when a fixed-term lease renews.
The notice must be in writing and delivered so the tenant has at least 60 days before the date on which the new rent applies (C.R.S. Section 38-12-701(2)(a)). Deliver it personally or by mail and keep proof of how and when it was served. A verbal statement is not enough.
Count at least 60 days from when the notice is given to the date stated in the notice (C.R.S. Section 38-12-701(2)(a)). The increase takes effect only on or after that date; set the effective date so the full notice period has run.
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, confirming it gives at least the 60 days C.R.S. Section 38-12-701(2)(a) requires. Clear dates and amounts tell the tenant when the new rent applies.
A rent increase served with less than 60 days notice does not take effect on the stated date. Under C.R.S. Section 38-12-701(2)(a) the increase is effective only after a proper notice period runs, and a tenant may continue paying the prior rent until then.
Colorado has no statewide cap on the amount of an increase, but a local ordinance where the unit is located may add notice or registration rules. Check the local code for the city or county before setting a new rent. The increase also may not be retaliatory or discriminatory.
Frequently Asked Questions
In Colorado it is the written notice a landlord uses to raise the rent on a residential tenancy, and unlike many states Colorado has a statute written for exactly this purpose. Under C.R.S. Section 38-12-701, titled restrictions on increases in rent, a landlord on a tenancy with no written agreement may increase the rent only upon at least 60 days written notice. The raise takes effect only after those 60 days and changes only the rent going forward.
At least 60 days written notice to the tenant, for a residential tenancy with no written agreement such as a month-to-month (C.R.S. Section 38-12-701(2)(a)). The size of the raise does not change that period. The new rent cannot begin until the 60 days have run.
Yes. Most states rely on a general month-to-month termination rule, but Colorado enacted C.R.S. Section 38-12-701, titled restrictions on increases in rent. For a tenancy with no written agreement it provides that a landlord may increase the rent only upon at least 60 days written notice to the tenant. That dedicated 60-day rule is what governs a Colorado rent increase notice.
No statewide cap. Colorado sets no ceiling on the amount, so the landlord chooses the new figure once the 60-day notice is given (C.R.S. Section 38-12-701(2)(a)). A local ordinance where the unit is located could add notice or registration rules, so it is worth checking the local code. The raise still cannot punish a tenant for using a legal right or rest on a protected characteristic.
Generally no. A fixed-term lease sets the rent for its whole term, so a Colorado landlord can change it mid-term only where the lease expressly allows it. Otherwise the increase waits for renewal or applies to a month-to-month tenancy, where the 60-day notice under C.R.S. Section 38-12-701(2)(a) governs.
In writing, in person or by mail, timed so the tenant has the full 60 days before the new rent applies (C.R.S. Section 38-12-701(2)(a)). Keep proof of how and when it was served in case the raise is later disputed. A spoken notice is not enough.
They can. Colorado sets no statewide cap, so the amount is fixed by the notice and the tenancy, but a local ordinance where the unit sits may add notice or registration requirements on top of the 60-day rule (C.R.S. Section 38-12-701(2)(a)). Check the code for the Colorado city or county where the unit is located before setting a new rent.
A raise served with fewer than 60 days notice does not take effect on the date written on it. Under C.R.S. Section 38-12-701(2)(a) it becomes effective only after a full 60-day period has run, so a tenant may keep paying the prior rent until then and treat the short notice as not yet in force.