Colorado Pet-Friendly Housing Laws: What Renters and Landlords Need to Know
September 4, 2026
More than half of Colorado households share a home with an animal, and getting the housing rules wrong can cost renters and landlords hundreds of dollars or an entire tenancy. Roughly half of Colorado households have pets, according to PawlicyAdvisor data cited by property management platform Hemlane. Pet-friendly housing laws in Colorado changed significantly starting in 2024, and another wave of protections took effect for certain properties in 2026.
This guide walks through what landlords can and cannot charge for pets, how breed and size restrictions actually work, and where service animals and emotional support animals fit into the picture. You will also find out what to do if a landlord ignores the rules.
Pro Tip: This article explains general Colorado housing law and is not a substitute for legal advice. If you are facing a specific dispute, consider consulting a Colorado landlord-tenant attorney or contacting the Colorado Division of Housing directly.
Can Landlords Refuse to Rent to Pet Owners in Colorado
Colorado landlords are generally free to run pet-free properties. State law does not force a private landlord to accept ordinary pets, and a “no pets” clause in a lease is enforceable for cats, dogs, and other common household animals. Colorado is considered a landlord-friendly state that still layers in clear tenant protections once a landlord agrees to allow pets.
That discretion narrows considerably for two categories of animals. Service animals and emotional support animals are not treated as pets under the Fair Housing Act, so a blanket “no pets” policy cannot be used to deny someone who needs one of these animals as a disability accommodation. Landlords who violate this distinction risk a fair housing complaint regardless of their general pet policy.
A newer wrinkle applies to publicly financed affordable housing. House Bill 25-1207, signed by Governor Jared Polis on May 22, 2025, addresses barriers many renters face when trying to find housing with pets. Under this law, housing developments that receive state financing on or after January 1, 2026, must allow tenants to own or keep up to two pet animals, subject to reasonable conditions. That mandate does not extend to every rental in the state; it applies specifically to newly financed affordable housing developments.
Pet Deposit, Pet Rent, and Pet Fee Rules in Colorado
Before 2024, Colorado had almost no limits on what a landlord could charge for a pet. Hemlane, which works with landlords across the state, recalls seeing pet deposits over $1,000 and monthly fees of $100 per animal before the rules changed. House Bill 23-1068, the Pet Animal Ownership in Housing Act, put an end to that free-for-all.
Effective January 1, 2024, the law sets specific dollar limits that apply statewide, per household rather than per pet:
| Charge Type | Maximum Allowed | Refundable? |
|---|---|---|
| Pet Rent | $35/month or 1.5% of monthly rent, whichever is greater | N/A (ongoing charge) |
| Pet Deposit | $300 total per household | Yes |
| Non-Refundable Pet Fee | Not permitted | N/A |
Colorado law caps pet rent at $35 per month or 1.5% of monthly rent, whichever is greater, and limits any additional pet deposit to $300, which must be refundable. Nonrefundable “pet fees” stacked on top of the capped deposit and rent are not allowed under current law. A common point of confusion is whether the $300 cap applies per animal — it does not. The law caps the pet deposit at $300 total, not per pet, unless the lease specifies otherwise while still staying under the legal maximum.
Because pet deposits are legally treated the same as security deposits, landlords have to follow the standard deduction timeline. Under Colorado Revised Statutes § 38-12-103, a landlord must take photos, get repair estimates, provide itemized receipts, and follow the statutory timeline — 30 days to return a full deposit, or 60 days if making deductions for damage. Landlords who still collect old-style nonrefundable fees or per-pet deposits above $300 are exposed if a tenant challenges the charge, since the excess amount is simply unenforceable.
Vaccination records are a separate matter from fees. Many Colorado landlords still require proof of current vaccinations before approving a pet, which is a standard lease condition rather than a fee — you can review the state’s general requirements in this guide to pet vaccination laws in Colorado.
Breed and Size Restrictions in Colorado
Landlords in Colorado can still screen tenants based on a pet’s breed or size, and this remains one of the biggest hurdles for renters with larger dogs. Commonly restricted breeds include pit bulls, Rottweilers, and Dobermans, according to property law resource Steadily’s breakdown of Colorado rental pet rules. Landlords who allow these breeds may require additional liability insurance or documentation of training and temperament rather than issuing a flat denial.
Where breed restrictions get complicated is at the intersection of local ordinances, homeowner association rules, and state law. Colorado limits how far local governments can go with breed-specific legislation under C.R.S. §18-9-204.5, though private HOA rules occupy a distinct legal category from municipal ordinances and can still restrict certain breeds independently. If you are renting in a community with an HOA, check both the city code and the association’s covenants — not just your lease — before assuming a breed is allowed. For a deeper look at how one heavily regulated breed is treated statewide, see this guide to pit bull laws in Colorado.
Insurance is now part of this conversation too. HB 25-1207 prevents insurance companies from denying or charging more for homeowners or renters insurance based solely on the breed of a dog. That protection has limits — an insurer can still raise a premium or cancel a policy for a specific dog that has been legally declared dangerous, but the decision has to rest on that individual dog’s history, not its breed. Renters dealing with a bite incident or liability question may also want to review dog bite laws in Colorado for how liability is typically assigned.
Important Note: Breed restrictions in a lease are a landlord’s private business decision and are generally legal for ordinary pets. They are treated very differently once a service animal or emotional support animal is involved, as covered in the next two sections.
Service Animal Rights in Colorado
Service animals occupy the strongest legal position of any assistance animal in Colorado housing. Both federal and Colorado law bar housing discrimination against people who use service animals, and landlords cannot charge extra for having a service animal, though tenants remain responsible for damage beyond normal wear and tear. Federal protection here comes from the Fair Housing Act, which is broader than the Americans with Disabilities Act (ADA) that most people associate with service animals.
Under the FHA, a “no pets” clause in a lease simply does not apply to a legitimate service animal, and neither do pet deposits, because the FHA does not consider service dogs or emotional support animals to be pets in the first place. This distinction matters because it means the $35 pet rent cap and $300 deposit cap discussed earlier do not apply here at all — the charges are supposed to be zero.
Breed restrictions also work differently for service animals than for ESAs. Because service animals are protected under the ADA, a legal expert with theanimallawfirm.com notes that service animals cannot be restricted because of breed regardless of city ordinances, since federal law preempts those local rules. That is a meaningfully stronger protection than what applies to emotional support animals, covered next.
Emotional Support Animal Rights in Colorado
Emotional support animals get strong housing protections in Colorado, but the legal foundation differs from service animals in an important way. If you want the full statutory detail, this site’s dedicated breakdown of ESA housing laws in Colorado covers the documentation process step by step; this section summarizes the core rules.
Colorado’s HB 21-1271 applies specifically to assistance animals in housing and covers both service animals and ESAs under one framework. Under this law, landlords must waive no-pet policies, breed restrictions, and weight limits for verified ESAs, and no pet rent, pet deposits, or pet fees may be charged for one. A landlord may request reasonable documentation of the animal’s status and can still hold the tenant responsible for any damage the animal causes.
Tenants are also covered by the Colorado Anti-Discrimination Act, which reinforces the legal right to live with your ESA under most rental conditions. That protection is not unconditional: a landlord can still deny a specific ESA if it poses a genuine safety threat or causes real property damage, rather than being denied simply for existing.
Where ESAs lose ground compared to service animals is city breed ordinances. Because ESAs are not covered by the ADA, a city with a breed-specific ordinance may be able to prevent that animal from living in a rental within its limits — a legal nuance explained by an animal law attorney discussing how local breed restrictions can still apply to ESAs even though the FHA blocks a landlord-level denial. Renters should also know that misrepresenting a pet as an ESA carries real consequences. Under C.R.S. 18-13-107.3 and 18-13-107.7, intentionally misrepresenting a pet as an assistance animal can bring fines of $25 for a first offense, $50 to $200 for a second, and $100 to $500 for later offenses. For comparison purposes, renters relocating out of state may find it useful to see how ESA housing laws in Florida or ESA housing laws in Minnesota handle the same documentation questions differently.
Local City and County Pet Housing Ordinances in Colorado
State law sets the floor, but cities, counties, and homeowner associations add their own layers on top of it. This matters most for renters keeping anything beyond a standard cat or dog, or for those living in a community governed by an HOA rather than an individual landlord.
HOAs in Colorado are generally treated like other housing providers for fair housing purposes. Under the FHA, housing providers, including HOAs, must provide reasonable accommodations for assistance animals regardless of pet restrictions, breed bans, weight limits, or no-pet policies. Boards also cannot enforce pet rules selectively; courts have held that applying restrictions against one resident while ignoring identical violations by others can expose an association to liability.
Beyond assistance animals, several everyday pet situations are governed almost entirely at the local level rather than by the state pet-rent statute:
- Off-leash rules in shared yards, parks, and common areas — see dog leash laws in Colorado for city-by-city variation
- Backyard flocks in single-family rentals, which many municipalities cap by number — covered in backyard chicken laws in Colorado
- Noise ordinances affecting roosters and other loud animals, detailed in rooster crowing laws in Colorado
- Small livestock like goats, which some cities allow on residential lots under specific conditions, per goat ownership laws in Colorado
- Residential beekeeping permits, which vary widely by jurisdiction, as explained in beekeeping laws in Colorado
None of these local rules override the state pet-fee caps or the FHA’s assistance animal protections. They simply add another compliance layer that renters interested in non-traditional pets need to check before signing a lease, since a landlord’s approval does not guarantee city or county approval too.
What to Do If a Landlord Violates Pet Housing Laws in Colorado
Renters have concrete options if a landlord ignores the pet rent cap, keeps a deposit unfairly, or refuses a legitimate service animal or ESA. The right path depends on which rule was broken.
- Document everything. Keep the lease, payment records, any written communication about the pet policy, and photos of the animal’s condition and behavior.
- Check the math on fees. If a charge exceeds the $35/1.5% pet rent cap or the $300 deposit cap, note that the excess is unenforceable and the landlord may be exposed on a deposit refund.
- File a complaint with the state. Renters can file a complaint with the Colorado Division of Housing using their official Housing Complaint Form for issues involving excessive pet fees or deposits.
- Pursue small claims court for a wrongfully withheld deposit. If a landlord improperly keeps a pet or security deposit, a tenant can file a lawsuit in small claims court, and the court can award the full deposit amount plus up to twice that amount in damages.
- Escalate service animal or ESA denials to HUD. Refusals involving a legitimate assistance animal can be reported as fair housing violations, since these fall under federal as well as state protections.
Pro Tip: Before filing any complaint, send the landlord a written notice citing the specific statute (HB 23-1068 for fee disputes, or the Fair Housing Act for assistance animal denials). Many disputes resolve at this stage without needing a formal complaint.
Disputes that spill into a breakup, move, or family separation sometimes raise a related but distinct question — who keeps the pet. That scenario is governed by a different body of law, outlined in this guide to pet custody laws in Colorado.
Colorado’s pet housing framework has shifted substantially since 2024, and another round of changes tied to affordable housing takes effect through 2026. Renters who understand the deposit caps, the service animal and ESA distinction, and their local ordinances are in a far stronger position to keep their pet and their housing — and landlords who stay current on HB 23-1068 and HB 25-1207 avoid the costliest compliance mistakes.