Colorado Lease Expired? Pet Rent, Pet Deposits & Renewal Changes in 2026
A Colorado lease renewal can raise several separate questions at once. Learn the 2026 pet-rent and refundable pet-deposit limits, the once-per-12-month rent-increase rule, when the 60-day rule applies, and what to verify after a fixed lease expires.
The short answer
When a Colorado fixed-term lease expires and a landlord later proposes a new lease, separate the proposal into different legal questions instead of treating the whole package as one percentage increase. Base rent, ordinary security, pet security, monthly pet rent, the proposed effective date, and the status of the tenancy after expiration can each be governed by a different rule.
Colorado Revised Statutes section 38-12-106 limits an additional pet security deposit to $300 and requires that pet deposit to be refundable. The same section limits additional monthly rent charged as a condition of allowing a pet to the greater of $35 per month or 1.5% of monthly rent. Those ceilings answer the amount question; they do not by themselves decide when a new charge can begin or whether a particular proposed lease change is already effective.
Colorado caps an additional pet security deposit at $300
Section 38-12-106 says a landlord may not demand or receive more than $300 as an additional security deposit from a prospective or current tenant as a condition of permitting a pet animal to live at the premises. The statute also requires that additional pet security deposit to be refundable.
That rule is distinct from Colorado's general security-deposit ceiling in section 38-12-102.5. Current law generally limits a residential security deposit to two monthly rent payments under the rental agreement, with a narrow post-closing-occupancy exception scheduled to operate beginning January 1, 2027. Because the statutes separately address the general deposit ceiling and the additional pet-deposit ceiling, document each charge separately rather than assuming one label answers how the other rule applies.
Monthly pet rent is limited to the greater of $35 or 1.5% of monthly rent
Colorado also limits additional rent charged as a condition of allowing a pet. Under section 38-12-106, the landlord may not demand or receive an amount exceeding $35 per month or 1.5% of the tenant's monthly rent, whichever amount is greater.
For example, if monthly rent is $1,800, 1.5% is $27, so the statutory ceiling for additional pet rent would be $35 per month. If monthly rent is $3,000, 1.5% is $45, so the statutory ceiling would be $45 per month. This calculation addresses the state pet-rent ceiling only; it does not establish that a proposed new pet charge can take effect immediately under every existing lease or holdover arrangement.
A lease expiration does not answer the notice question by itself
Colorado's ordinary 60-day rent-increase statute is narrower than a universal 60-day rule. Section 38-12-701 requires at least 60 days' written notice for a residential tenancy in which there is no written agreement between the landlord and tenant. A fixed lease having reached its stated expiration date does not, by itself, establish whether the parties now have no written agreement for purposes of that statute.
Review the expired lease for holdover, renewal, month-to-month, rent, amendment, and notice language, and identify what happened after expiration. Continued possession and accepted rent can matter, but Max Rental Tools does not treat those facts alone as proof that section 38-12-701's no-written-agreement rule applies. If the written agreement's post-expiration effect is unclear, the timing issue deserves lease-specific legal review before a new effective date is assumed.
Colorado still limits the frequency of residential rent increases
Section 38-12-702 provides a separate statewide frequency rule: a landlord generally may not increase residential rent more than one time in any 12-month period of consecutive occupancy. The statute says that frequency rule applies regardless of whether there is a written rental agreement, the length of the tenancy, or whether the agreement is fixed-term, month-to-month, or indefinite.
The frequency rule is not a blanket authorization to change rent once 12 months have elapsed. A landlord or tenant still needs to identify the actual agreement, the proposed start date, any renewal or amendment procedure, and whether another housing program or property-specific rule applies.
A higher ordinary security deposit is a separate issue from pet security
If a proposed renewal also increases the ordinary security deposit, record that increase separately from the pet deposit. Colorado's general rule currently says a landlord may not require a residential security deposit exceeding two monthly rent payments under the rental agreement, subject to the statute and its limited exceptions.
Do not combine the words “deposit,” “pet deposit,” and “rent” into one number and assume a single cap resolves every charge. Keep the existing ordinary deposit, any proposed ordinary-deposit increase, the additional refundable pet deposit, and recurring pet rent as separate line items so each can be compared with the rule that actually governs it.
What to preserve before signing a replacement lease
Keep the expired lease, every addendum, the current rent ledger, proof of payments made after the fixed term ended, the proposed replacement lease, all written communications about effective dates, and a line-by-line list of every new charge. For pet terms, preserve the existing pet authorization and any prior statement that a pet deposit or pet rent was not required.
Before signing, compare the proposed base rent with the date of the last rent increase, calculate any monthly pet-rent ceiling under section 38-12-106, confirm that a pet deposit is refundable and no more than $300, and identify what written agreement governs the tenancy today. Signing a new lease can change the analysis, so questions about disputed timing should be resolved before treating a draft as an already-effective agreement.
Use Max Rental Tools to separate the renewal into checkable parts
Use the Colorado rent-increase guide and calculator to measure the proposed base-rent change and check the once-per-12-month rule. Use the Lease Renewal Notice, Pet Addendum, Security Deposit Receipt, and Rent Ledger workflows to document the agreement and payment categories clearly.
These tools organize the facts; they do not replace the lease or Colorado law. For a disputed post-expiration tenancy, verify the current agreement and official statutes before assuming a notice period or effective date.
Common questions
How much can a Colorado landlord charge as a pet deposit in 2026?
Colorado Revised Statutes section 38-12-106 limits an additional pet security deposit to $300 and requires it to be refundable.
How much pet rent can a Colorado landlord charge?
Section 38-12-106 limits additional pet rent to the greater of $35 per month or 1.5% of the tenant's monthly rent.
Does every Colorado rent increase require 60 days' notice?
No. Section 38-12-701's ordinary residential 60-day rule applies when there is no written agreement between landlord and tenant. A post-expiration tenancy with an earlier written lease requires review of the lease and the current relationship before assuming that rule controls.
How often can Colorado residential rent be increased?
Section 38-12-702 generally limits residential rent increases to one time in any 12-month period of consecutive occupancy, regardless of whether the tenancy is written, fixed-term, month-to-month, or indefinite.
Does a $300 pet-deposit cap mean every $300 pet deposit is automatically valid?
No. The $300 figure is a statutory ceiling and the deposit must be refundable. Whether a new pet charge can begin at a particular time can still depend on the governing agreement, the proposed renewal or amendment, and other applicable law.
Official sources
Colorado General Assembly — 2026 Colorado Revised Statutes, Title 38Colorado General Assembly — HB23-1068 Pet Animal Ownership in HousingColorado General Assembly — Colorado Law Summary: Renters' RightsColorado General Assembly — SB26-054 Security Deposits & Post-Closing Occupancy AgreementsContinue your check
Use the state directory for current jurisdiction-specific rules, calculate the proposed increase, then prepare the appropriate rental document only after the legal-rule checks are complete.