What is a rent increase notice in Colorado?

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.

How much notice must a Colorado landlord give before raising the rent?

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.

Does Colorado have a law specifically about raising rent?

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.

Is there a limit on how much a Colorado landlord can raise the rent?

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.

Can a Colorado landlord raise the rent during a fixed-term lease?

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.

How should a Colorado landlord serve a rent increase notice?

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.

Do local ordinances change the rent increase rules in Colorado cities?

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.

What happens if a Colorado rent increase notice gives too little notice?

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.

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.

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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.
3
The 60 days do not shift with the size of the raise.
4
No statewide cap sets the amount, so the landlord chooses it, though a local ordinance where the unit sits may add its own rules.
5
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.
6
Name the parties, give the rental address, list the current and new monthly rent, and set the effective date, all in writing.
7
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.

Open the Rent Increase Notice guide

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[LANDLORD / PROPERTY OWNER NAME] [LANDLORD ADDRESS] [CITY, COLORADO ZIP] [EMAIL] [PHONE]

[DATE]

[TENANT NAME] [RENTAL ADDRESS, UNIT #] [CITY, COLORADO ZIP]

Re: Rent going up at [RENTAL ADDRESS, UNIT #], Colorado

Dear [TENANT NAME]:

This letter is your written notice that the rent for the home you occupy at [RENTAL ADDRESS] in Colorado will go up. You hold this property on a month-to-month tenancy at $[CURRENT MONTHLY RENT] per month.

Starting [EFFECTIVE DATE], the rent will be $[NEW MONTHLY RENT] per month, due on the usual day and paid the usual way. That is $[INCREASE AMOUNT] more than you pay now, about [PERCENT] percent.

Colorado has a statute written specifically for rent increases, Colorado Revised Statutes Section 38-12-701, titled restrictions on increases in rent. For a residential tenancy with no written agreement, it allows a landlord to increase the rent only upon at least 60 days written notice, and the effective date above gives you that full period. The size of the increase does not change the 60 days.

Colorado sets no statewide cap on the amount, so the new figure is fixed by this notice and the terms of your tenancy. A local ordinance where this property sits may add its own notice or registration rules; if one applies, I have followed it. This raise is not a response to anything you have done and is not based on any protected characteristic.

Every other term stays the same. This notice changes only the monthly rent going forward; your security deposit and the rest of the rental agreement are unchanged, and the tenancy does not end. You may accept the new rent and stay, talk with me about the amount, or give proper written notice and move before the increase takes effect. To count the notice, look from the day this letter reaches you to the date the new rent begins above; the full 60 days must sit between them before the higher rent can apply. I am serving this notice in writing and keeping a dated copy, and I encourage you to keep one as well, since a written record is what settles any later question about the timing or the amount. If you think the dates fall short of the 60 days Colorado requires, tell me in writing and we will review them. Questions about the amount or the effective date can go to the phone number or email above.

Please update your records so the payment due on or after [EFFECTIVE DATE] reflects the new rent of $[NEW MONTHLY RENT]. Staying on or after that date means the new rent applies.

Sincerely,

[LANDLORD / PROPERTY OWNER NAME]

Delivery record: Served on [DATE] by [personal delivery / mail to the address above]. Keep a copy for your records.

Note: This Colorado rent increase notice draws on C.R.S. Section 38-12-701(2)(a). Colorado sets a 60-day notice for a tenancy with no written agreement and has no statewide rent cap. For the generic template and other states, see the Rent Increase Notice hub.

Colorado Requirements for Rent Increase Notice

60-Day Month-to-Month 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.
No Statewide Rent Cap
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.
No Mid-Lease Increase on a Fixed Term
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.
Written Notice, at Least 60 Days
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.
Counting the Effective Date
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.
What the Notice Must State
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 Short Notice Does Not Take Effect
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.
Check Any Local Ordinance
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.

Introduction

Key Things to Know

Key decisions before you file

Customize your Rent Increase Notice Template with DocDraft

Colorado Requirements for Rent Increase Notice

60-Day Month-to-Month Notice

No Statewide Rent Cap

No Mid-Lease Increase on a Fixed Term

Written Notice, at Least 60 Days

Counting the Effective Date

What the Notice Must State

A Short Notice Does Not Take Effect

Check Any Local Ordinance

Frequently Asked Questions