Pet Rent Laws in Colorado: An Overview
The concept of pet rent laws in the state of Colorado is an important one for both tenants and landlords. These laws govern all aspects of pets and rentals, including fees associated with keeping pets in a residence. As you might expect, there can be a fair amount of variation within specific pet rent laws in the state of Colorado, but their effect can be quite far-reaching.
For tenants, knowledge of the full range of Colorado pet rent laws provides protection and a comprehensive understanding of what rules may apply to your situation. If you are renting a property in Colorado with pets , the last thing you want is a nasty surprise regarding your obligations under the law. You also want to make sure you are adhering to the law – if you were not aware of your obligations under Colorado pet rent laws, the last thing you want is to be hit with an expensive penalty elsewhere in the law.
For landlords, pet rent laws are equally important to understand. You will want to know your rights and responsibilities for enforcing pet rules within the state of Colorado. If you are charging pet rent and not in compliance with the law, this can come back to haunt you in a number of different ways.
State Law Regarding Pet Rent in Colorado
Colorado state regulations on pet rent are set out in Colorado Revised Statutes, Title 38 – Property – Article 12 – Landlord and Tenant which outlines all rights and obligations of landlords and tenants in Colorado. The Statute does not contain any explicit prohibitions against charging any additional pet rent, so that is not strictly regulated by the State of Colorado.
There are other state laws however that require pet rent to be paid in certified funds, and prevents rent increases that include a pet rent increase. Colorado Revised Statutes §38-12-102(3)(b) requires that if a landlord charges a one-time nonrefundable pet deposit, the landlord must reserve one hundred dollars to be deposited with an account that is interest bearing with the remaining balance of the deposit in a nondeductible account and the deposited funds must be returned to the tenant at the end of the lease term.
Colorado Revised Statutes §38-12-103(2) allows landlords to charge a monthly fee for each pet. The monthly fee must be imposed in certified funds.
Colorado Revised Statutes §38-12-203(1)(d) prohibits landlords from assessing a fee, charge or rent increase for a pet without providing 60 days written notice prior to the increase.
A Colorado tenant who has a pet that appears or smells offensive to neighbors may be subject to eviction for harboring a pet that causes a nuisance.
What is Considered Pet Rent in Colorado?
A common misconception about pet rent is that it is the equivalent of a pet deposit. The main difference is that whereas a deposit is a one-time upfront cost typically used to cover damages or other financial shortfalls at a unit, a pet rent is a regular monthly payment made by pet owners in addition to their normal monthly rent.
Just like the standard rent amount paid by the tenant, pet rent can be a premium set by the landlord. This additional fee allows landlords to cover the costs associated with allowable deviations from the lease agreement, including issues that may arise from the tenants’ pet. Potential pet-specific issues may include maintenance, general cleaning, and the inevitable wear-and-tear that a personal animal may cause. That means that the Colorado landlord can charge different pet rent amounts based on the size, type, and breed of the pet.
Many landlords will charge a relatively low pet rent for cats, but for dogs, the pet rent fees will be usually higher. Because dogs are generally larger in size and weight than cats, the potential coverage amount associated with a dog is higher. Larger dogs also tend to cause more floor damage, additional maintenance services, and require more general repairs than do pets of other types or breeds.
Another determining factor for pet rent amounts is the property’s location. Generally, properties in rural areas may charge lower amounts for pet rent, while properties in urban areas charge slightly higher. This could be because larger cities with an increased population of pets often have higher levels of competition among landlords. To stay competitive, property owners will often offer pet rents that are lower than the average for that city.
It is important to remember that there are no set laws dictating how much a landlord can charge for pet rent in Colorado, unlike the laws for security deposits. Therefore, for actual amounts, a tenant would need to consult the tenant’s lease agreement to discover the exact amounts charged.
Responsibilities and Rights of the Landlord
To elaborate a little more on pet rent, Colorado law prohibits landlords from charging any kind of pet deposit, pet fee, pet rent, or otherwise adding to the amount of rent based upon the presence of a pet. Whenever a landlord charges a pet fee, pet rent, a non-refundable pet deposit, or any other charge that varies with the tenant’s possession of a pet, state law considers that charge to be part of the monthly rent. In other words, if a landlord says that a tenant’s rent is $1500 per month – even if the written lease states that $50 of that rent is designated as pet rent – a court will still hold that $1500 is the legally enforceable amount of rent. This means that the judge will not allow the landlord to collect any additional rent for Fido or Fluffy if the tenant feels like leaving early.
If a landlord wants to deal with a tenant’s pets differently than the lease terms, the landlord is free to do so. Long before the tenant signs the lease, a landlord can announce to the tenant that Fido and Fluffy are welcome to stay in the home for an additional $50 per month. That promise might be enforceable if the tenant relies upon the promise by moving Fido and Fluffy into the home.
However, if the promise is actually enforceable, then it is likely that the promise is part of the rent due. Thus, if the tenant misses rent for Fido and Fluffy, the landlord may evict.
A landlord may not collect a $50 per month non-refundable pet deposit, because the law does not permit security deposits at all under these circumstances. But if the landlord says that as part of the security deposit already collected, $50 is set aside for any future damages caused by Fido or Fluffy (and not as rent), then the landlord can keep any such damages directly caused by the tenant’s pets.
In short, a pet fee, pet rent, non-refundable pet deposit, or any other charge based on the tenant’s pets, is considered part of the rent. Thus, the landlord cannot charge pet rent up front before a tenant moves in. Any charge based upon the tenant’s pets must be set out in the lease itself, so a tenant has the option to say no. If a tenant says no, then Fido and Fluffy are welcome. But if the tenant says yes, then the tenant cannot leave early without paying the $50 per month for the remainder of the lease term. Furthermore, landlords sometimes add a provision saying that if the dog destroys the carpet, the tenant must pay for carpet cleaning. That sort of provision, since it is contingent on the actual damage, is perfectly enforceable, since it is merely an effort to hold the tenant responsible for the tenant’s own choices.
Tenant Rights and Protections
In the Colorado rental landscape, tenants have a degree of protection against excessive pet fees, also known as "pet rent." While landlords can charge a variety of pet-related fees, the heading into this territory involves some rules and regulations that protect tenants.
Although some landlords choose to charge separate fees for pet deposits, pet rent, pet bonuses (a payment made in addition or instead of a pet deposit), and other forms of monetary compensation, Colorado law does not allow landlords to extract more money from tenants than is necessary. Furthermore, the tenant has some protections against "secret" payments where they are asked to pay separately in addition to the regular rent payment without explicitly having that amount applied to their required rent, which is truly poor form anyway. Forcibly separating these payments could constitute a breach of the lease agreement.
For example, the Colorado Revised Statutes places limits on just how much a landlord can charge a tenant for a non-refundable "move-in fee." A move-in fee is considered to be a charge for a tenant reserving the right to lease out an apartment and is not classified as a "deposit," which is a fee that guarantees compliance with the lease agreement and can be claimed as security against future losses.
A pet bonus is considered to be any payment made in addition to the regular rent, meaning all tenants must pay the same amount regardless of whether they have pets. The maximum non-refundable move-in fee a landlord can charge a tenant is either 25% of one month’s rent or $200, whichever is larger. Therefore, if your monthly rent is at least $800, the landlord may only charge a non-refundable move-in fee of $200, whereas if your monthly rent is less than $800, the landlord may only charge a non-refundable move-in fee of 25%. Since most clients renting a one-bedroom apartment will pay between $800 and $1,200 per month, this is a significant fee.
A special provision found in the Colorado landlord-tenant laws related to pet rent is found in section 38-12-102.5, which states that no landlord can ask for a deposit , bonus, or fee from a tenant in order for their pets to reside in the unit. However, in practice, many landlords ignore this statute and ask tenants for fees to cover the extra wear and tear on the property caused by pets.
Importantly, there is no requirement for a lease to allow pets; if a landlord simply does not want pets in their building, lease agreements may contain a "no pets" clause that prohibits tenants from having pets in their apartments. If a tenant ignores this lease clause, the tenant may be evicted or charged additional fees for breach of the lease agreement depending on the severity of the violation.
Another area of significant protection for tenants resides with any pet that is classified as an "assistance animal." An assistance animal is any animal that is designated as a service animal under the American with Disabilities Act (ADA). While service animals are limited to dogs and some miniature horses, the spectrum of emotional support animals, also called "comfort animals," is broader than the ADA protection. Under the federal Fair Housing Act, disabled tenants who have emotional support or comfort animals may not be denied their emotional support animals, even if the animals violate the provision in the lease agreement relating to pets, but the animal cannot be destructive, unreasonable, or dangerous.
Unfortunately, there is little Colorado law on the books pertaining to emotional support animals, since the Colorado Professional Landlords’ Association’s desire to prevent discrimination based on disability status has resulted in many cases revolving around a tenant who desires a comfort animal but is turned away by the landlord because of an irrelevant provision in the lease agreement.
Colorado law certainly provides a tenant a basis to negotiate pet fees that are reasonable rather than exorbitant. Of course, if the tenant can successfully demonstrate that the animal is an emotional support animal, that the tenant is disabled, and that they are entitled to keep the animal, that may eliminate all fees entirely.
Resolving Disputes Over Pet Rent
If disagreements arise over pet rent, there are avenues for resolution. First and foremost, communication is vital. Tenants should consider approaching their landlord directly to discuss the concerns they have with the amount of rent being charged for the pet. We recommend putting all requests into writing, as all good ideas are created in writing. It is always advisable to consult a lawyer if you believe that your rights under the lease agreement, or any applicable laws, are being violated. For example, a tenant may be able to propose a compromise for pet rent that is a solution to issues raised by the owner. If there is a problem with a service animal, landlords or tenants should consult an attorney to discuss potential violations of state and federal law.
Exceptions to Pet Rent
Even though the Colorado Apartment Association has made pet leasing agreements a part of the standard lease agreement, not all landlords are required to charge specific pet rent. Under both state and federal law, landlords are required to make reasonable efforts to accommodate service animals and emotional support animals (also known as assistance animals), which may not "NEED" a lease provision for special pet rent, or pet rent that is different than a normal lease. In fact, it is against the law for any landlord to treat a tenant differently because they have a service animal or emotional support animal. If a tenant believes that their landlord is requiring them to pay special pet rent due to an emotional support animal or service animal, the tenant should initially speak to their landlord and seek to remedy the rent burden before filing a discrimination complaint with the Colorado Division of Civil Rights. If a tenant does need a service animal or emotional support animal, Colorado law requires the tenant complete and file a Request for Assistance Animal with the Colorado Division of Civil Rights (CDCR). And, if approved, the CDCR will issue a Certificate of Reasonable Accommodation to the tenant which requires a copy to be provided to the landlord and the landlord can charge separate pet rent for this accommodation. Both tenant and landlord are required by law to honor the Certificate of Reasonable Accommodation. Failure to do so may result in a violation of the Fair Housing Act or Colorado Fair Housing Act.
Conclusion: Know Your Rights and Responsibilities
Navigating the rules and regulations surrounding pet rent in Colorado requires ongoing research. We strongly recommend that both landlords and tenants stay informed of any changes to local laws or ordinances that may impact pet rent. If you have questions about a specific situation and want to determine whether your landlord’s pet rent policy is permissible, it is best to speak with an attorney. Otherwise, it’s generally best to keep the channels of communication open with your landlord to discuss issues or disputes regarding pet rent.
Tenants should also know that retaliation against a tenant for asserting their rights can be illegal. Colorado law prohibits landlords from terminating or refusing to renew a rental agreement , increasing the rent, terminating utility services, or otherwise retaliating against a tenant for any of the following reasons: Landlords are advised to be mindful of their obligations in lease agreements and any relevant state or local laws. By being upfront and discussing any pet fees or deposits with prospective tenants, landlords may be able to avoid any disputes. Whether you are a landlord or a tenant, taking the time to fully understand your responsibilities under Colorado law will help you maintain a good relationship with each other in the future.