Pet Deposit Laws in Colorado: Caps, Refunds, and Your Rights as a Renter
November 5, 2026
Pet deposit laws in Colorado changed sharply in 2024, and many renters and landlords still work from old assumptions. Before that date, Hemlane says there were no restrictions on what landlords could charge, and pet deposits over $1,000 were not unusual. That free-for-all is over.
Colorado now caps the refundable pet deposit at $300, limits monthly pet rent, and treats a “non-refundable pet fee” as an upfront deposit that must come back to you. This article explains each rule in plain terms, from how the deposit interacts with the general security deposit limit to what happens when a landlord keeps your money without proof.
The rules below come from House Bill 23-1068 and Colorado’s security deposit statute. This is general information, not legal advice, so check your lease and consult an attorney or the Colorado Division of Housing for disputes.
What Is a Pet Deposit in Colorado?
A pet deposit is a refundable sum a landlord holds to cover damage your animal causes during the tenancy. One renter-focused guide describes it as a refundable damage bond rather than a cover charge. You get it back at move-out, minus any documented, lawful deductions.
Under HB 23-1068, the Pet Animal Ownership in Housing Act, Colorado treats this as a pet security deposit with a statutory ceiling. If you want broader context on how the state regulates housing and animals, our guide to pet-friendly housing laws in Colorado covers the bigger picture.
Does Colorado Allow Landlords to Charge a Pet Deposit?
Yes. Colorado landlords can still collect a pet deposit and charge monthly pet rent, but only within set limits. TurboTenant summarizes it this way: the state lets landlords charge extra rent and collect an additional security deposit for pets, but caps both.
The law took effect on January 1, 2024, after Governor Jared Polis signed HB 23-1068. Landlords also keep the right to set pet policies, such as limits on the number or type of animals, which are separate from the fee rules.
Maximum Pet Deposit in Colorado
The maximum pet deposit is $300. Per TurboTenant, landlords cannot require an additional pet security deposit above that amount.
Sources differ on whether the cap applies per pet or per household. Several property management sources, including His House Property Management, describe it as a $300 maximum per household, while others describe it as per pet.
Important Note: Because secondary sources disagree on per-pet versus per-household, read the bill text on the Colorado legislature’s website or ask the Division of Housing before assuming a landlord can stack $300 deposits for each animal.
Does a Pet Deposit Count Toward Colorado’s Security Deposit Limit?
Colorado separately limits the general security deposit to two months’ rent under C.R.S. § 38-12-102.5, as Tenant Screening Background Check explains. That cap has applied since August 2023.
His House Property Management notes that landlords must also keep the total security deposit within two times the monthly rent. In practice, treat the pet deposit and the standard deposit as part of one overall pool of money held against damage, and expect the combined amount to stay under the two-month ceiling.
If you pay a $1,500 rent, for example, the combined deposits should not exceed $3,000, and the pet portion within that total cannot exceed $300.
Pet Deposit vs. Pet Fee vs. Pet Rent in Colorado
These three charges work differently, and mixing them up is where most disputes start. The table below shows how Colorado treats each one, drawn from the state rules summarized by our Colorado housing guide.
| Charge Type | Colorado Limit | Refundable? |
|---|---|---|
| Pet Deposit | $300 maximum | Yes |
| Pet Rent | $35 per month or 1.5% of monthly rent, whichever is greater | No (ongoing charge) |
| Non-Refundable Pet Fee | Not permitted | Not applicable |
The 1.5% option matters for higher rents. As K99 reported, renters paying more than $2,333 per month could see pet rent above $35.
Are Pet Deposits Refundable in Colorado?
Yes, they must be. KDVR reported that the bill limits pet security deposits to $300 and requires them to be refundable.
Refundable does not mean unconditional. The landlord can deduct documented damage caused by your pet, following the same process that governs any security deposit in Colorado. Anything left over comes back to you.
Are Non-Refundable Pet Fees Legal in Colorado?
Generally, no. Hemlane says the Colorado Division of Housing has made clear that money collected upfront for a pet counts as a deposit under state law, which makes it refundable.
A lease that labels a one-time charge as a “non-refundable pet fee” does not change that. Our guide to landlord pet bans in Colorado notes that the old practice is no longer legal.
Pro Tip: If your lease lists a non-refundable pet fee, send your landlord a written notice citing HB 23-1068 before filing any complaint. Many disputes end at that stage.
Can Landlords Charge a Pet Deposit for Service Animals and ESAs in Colorado?
No. A service animal or emotional support animal is an assistance animal, not a pet, under the federal Fair Housing Act. Tenant Screening Background Check states that a Colorado landlord may not charge a pet deposit, fee, or pet rent for one, even within the HB 23-1068 caps.
Breed and weight limits also do not apply. You stay liable for actual damage the animal causes, so a landlord can still deduct real repair costs from your regular security deposit.
- No pet deposit, pet fee, or pet rent for assistance animals
- No breed or weight restrictions for assistance animals
- Landlords may request documentation only when the disability-related need is not obvious
- Tenants remain responsible for actual damage
How Much Is a Typical Pet Deposit in Colorado?
Because the law sets a ceiling rather than a fixed amount, typical deposits sit at or just under $300. Many landlords simply charge the maximum, since the statute is the only limit they face.
Before 2024, the picture was very different. Hemlane recalled deposits over $1,000, and our own reference notes monthly fees reaching $100 per animal. If a landlord quotes you more than $300 as a deposit, the excess is unenforceable.
Can a Landlord Charge a Pet Deposit and Pet Rent Together in Colorado?
Yes. The law caps both charges separately, so a landlord can collect a refundable deposit of up to $300 and also charge monthly pet rent of $35 or 1.5% of rent, whichever is greater. iPropertyManagement notes the landlord can charge that pet rent indefinitely.
What a landlord cannot do is add a third, non-refundable charge on top. Deposit plus pet rent is the full menu for ordinary pets.
Pet Deposits for Multiple Pets, Fish and Caged Pets in Colorado
The statutes summarized in our research do not carve out special rules for fish or caged animals. How your lease defines a “pet” decides what counts, so read that definition closely.
For multiple pets, the question is whether the $300 and $35 caps apply per pet or per household. His House Property Management and our Colorado pet ban guide both describe the caps as per household, while a few other sources say per pet. Since the majority reading is per household, push back if a landlord charges $70 in pet rent for a cat and a dog.
Landlords can still limit how many animals you keep. Hemlane’s sample policy, for instance, caps tenants at two animals.
What Can a Landlord Deduct From a Pet Deposit in Colorado?
Deductions must be tied to actual losses. According to Ezel’s Colorado survey, a landlord may keep money only for unpaid rent, unpaid utilities, other charges the lease lists, or repairs for damage beyond normal wear and tear that did not exist at move-in.
For pets, that usually means scratched floors, chewed doors, or urine-damaged subfloors. Landlords cannot deduct for normal wear and tear, and since January 1, 2026, Otten Johnson reports that the statute also bars deductions for damage that preexisted your tenancy.
The same law limits carpet charges. Landlords may not withhold for carpet replacement unless there is substantial, irreparable damage beyond normal wear and tear that did not preexist the tenancy.
How Long Does a Landlord Have to Return a Pet Deposit in Colorado?
The deadline is 30 days after the lease ends or you surrender the unit, whichever comes last, unless your lease sets a longer period of up to 60 days. That comes from the 2025 text of C.R.S. § 38-12-103.
- Your lease ends or you hand back the keys, whichever happens last.
- The landlord has 30 days to return the deposit, or up to 60 if your lease says so.
- If the landlord keeps any part, a written statement listing the exact reasons must arrive within that same window.
Some older guides still say “one month,” which is the earlier statutory wording. Both describe the same basic window.
Can a Landlord Keep Your Pet Deposit Without Proof of Damage in Colorado?
No. If a landlord misses the deadline or fails to send the required written statement, Otten Johnson says the landlord waives any right to keep any part of the deposit.
In court, the burden sits with the landlord. The statute requires the landlord to prove the withholding was not wrongful, and Tenant Screening Background Check lists treble damages plus attorney fees as the penalty for wrongful retention.
Tenants now must give seven days’ written notice before filing suit, per Otten Johnson, so send a clear demand letter first. Photos from move-in and move-out make that letter much stronger.
Can a Landlord Raise the Pet Deposit or Change the Pet Policy Mid-Lease in Colorado?
A landlord cannot raise a charge above the statutory caps at any time, and the caps themselves override anything your lease says. A clause charging more does not become enforceable because you signed it, as Lease Decoded puts it.
Beyond the caps, a fixed-term lease generally locks in its terms until renewal. The sources reviewed for this article do not address mid-lease policy changes directly, so treat your signed lease as the controlling document and ask for any change in writing.
Related protections exist for pet ownership more broadly. Housing that receives state financing on or after January 1, 2026, must allow tenants to keep up to two pets, according to our pet-friendly housing laws overview.
Can You Negotiate a Pet Deposit in Colorado?
You can negotiate downward from $300, but never upward. Landlords have no obligation to accept a lower deposit, though a strong rental history, a trained animal, or a pet reference from a previous landlord can help your case.
Ask for a waived pet rent or a lower deposit in exchange for a longer lease, renter’s insurance that covers pet liability, or proof of vaccinations. Our pet custody laws guide and dog bite laws overview explain related liability issues that landlords weigh when approving a pet.
Get any agreement in writing and add it to your lease addendum. If your landlord insists on charges above the caps, you can cite the statute, and as a last step you can ask the Colorado Division of Housing for guidance.