Pet Deposits, Pet Rent & ESA Rules in Colorado 2026
State pet-deposit treatment, federal Fair Housing Act assistance-animal rules, and what Colorado landlords can and cannot ask.
Colorado is one of the more tenant-protective states on animals in rental housing, and it draws a sharp line between three categories: ordinary pets, service animals, and assistance animals (which include emotional-support animals, or ESAs). Get the category right and the rest follows - pets can be restricted and charged for within statutory caps, while service and assistance animals are not pets at all and generally cannot be charged for or refused. Two Colorado laws do most of the work here: HB23-1068, the Pet Animal Ownership in Housing Act (effective January 1, 2024), which caps what you can charge for a pet, and HB 21-1271, which governs assistance animals in housing on top of the federal Fair Housing Act baseline.
How Colorado Treats Pet Deposits
No statutory cap on the security deposit or pet deposit amount in Colorado. HB23-1099 (2023) capped the security deposit at 2 months for some tenancies but pet deposits are not separately regulated.
Recent Colorado Pet-Related Statute
HB23-1099, security deposit cap of 2 months' rent for new leases.
Pets: what you can charge and restrict
For genuine pets, Colorado now caps the money side. Under HB23-1068, a pet security deposit may not exceed $300, and it must be refundable - if you collect money up front for a pet, the state treats it as a deposit, so a nonrefundable "pet fee" for the same purpose does not survive. Pet rent is capped at the greater of $35 per month or 1.5% of the monthly rent. Both caps apply per household, not per animal, so a tenant with two cats still pays one pet deposit and one pet-rent charge within those limits.
You may still adopt reasonable pet policies - breed, size, and number restrictions, and a flat no-pet policy - for ordinary pets. HB23-1068 also lets you ask a tenant for breed information. Separately, the law bars homeowner's and dwelling-fire insurers from denying coverage or raising premiums based on a dog's breed, with an exception for a specific dog that is a dangerous dog, so the old "my insurer won't allow that breed" justification no longer holds up in Colorado.
Service animals vs. assistance animals (ESAs)
Neither a service animal nor an assistance animal is a pet, and that distinction controls everything downstream. A service animal under the ADA and Fair Housing Act is a dog (and, in limited cases, a miniature horse) that is individually trained to do work or perform tasks for a person with a disability - guiding, alerting, retrieving, interrupting a behavior. An assistance animal is the broader housing category and includes emotional-support animals, which provide therapeutic benefit through their presence and need no specific training and are not limited to dogs.
For either category you may not charge a pet deposit, pet rent, or pet fee, and your no-pet, breed, and weight restrictions do not apply. You must grant a reasonable accommodation and waive those policies. The tradeoff: the tenant remains fully responsible for any actual damage the animal causes beyond ordinary wear and tear, which you can charge against the standard security deposit like any other damage.
What you can and can't ask for
For a service animal whose training is not obvious, you may ask only two questions: whether the animal is required because of a disability, and what work or task it has been trained to perform. You may not ask about the person's disability, demand medical records, or require the animal to demonstrate its task.
For an emotional-support animal where the disability or need is not obvious, you may request documentation. Colorado's HB 21-1271 tightened what counts: the letter must come from a licensed health-care provider who has an established therapeutic relationship with the tenant. A letter generated by a provider whose only involvement is selling it - a one-off online questionnaire with no real clinical relationship - does not have to be honored. You may confirm the provider holds a valid, active license, but you cannot demand a diagnosis or detailed medical history beyond confirming the disability-related need for the animal.
Handling requests, denials, and eviction
Treat every assistance-animal request as a reasonable-accommodation request under the Fair Housing Act and Colorado's Anti-Discrimination Act (C.R.S. 24-34-501 et seq.). Respond promptly and in writing. You may deny only in narrow circumstances - for example, where a specific animal poses a direct threat or would cause substantial physical damage that no accommodation can mitigate, based on that animal's actual conduct rather than breed or speculation. A blanket refusal, or charging pet fees anyway, exposes you to a discrimination complaint.
HB23-1068 also changed eviction mechanics: pets cannot be seized as collateral or swept into a personal-property lien, and if a pet is left in the unit when a writ of restitution is executed, the landlord must contact local animal control to arrange for the animal's care rather than dispose of it.
The Cost of Mishandling a Colorado ESA Request
The most common mistake in Colorado ESA cases is responding with a flat denial, "no pets means no pets", instead of engaging in the interactive process. The interactive process is itself a substantive duty. A landlord who refuses to consider the request, demands more documentation than HUD permits, or imposes a pet fee on an accepted assistance animal will lose at HUD even if the underlying accommodation could have been reasonably denied on its merits.
City-Level Eviction Risk in Colorado
Pet-related eviction filings correlate with overall landlord-tenant litigation rates. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; 24 C.F.R. § 180.671.
- HUD guidance: HUD FHEO Notice 2020-01 (Jan 28, 2020), assistance animals as a reasonable accommodation.
- ADA service animals: 28 C.F.R. § 36.302 (Title III, public accommodations).
- Colorado pet deposit rule: Colo. Rev. Stat. § 38-12-102.
Related Guides for Colorado Landlords
This overview reflects Colorado HB23-1068 (Pet Animal Ownership in Housing Act, effective January 1, 2024), HB 21-1271 on assistance animals in housing, and the federal Fair Housing Act and ADA baseline, current as of 2026. It is general information for landlords, not legal advice. Statutory caps and accommodation duties are enforced through the Colorado Anti-Discrimination Act (C.R.S. 24-34-501 et seq.); confirm specifics against the current statute or with a Colorado attorney before acting on a particular request.
Frequently Asked Questions
How much can a Colorado landlord charge as a pet deposit?
No more than $300, and it must be refundable. Under HB23-1068 the $300 cap applies per household, not per pet, and a nonrefundable pet fee collected for the same purpose is treated as a deposit subject to the same limit.
Is there a limit on pet rent in Colorado?
Yes. Pet rent is capped at the greater of $35 per month or 1.5% of the monthly rent, per household. For a $2,000 rent, 1.5% is $30, so the $35 floor would apply; for a $3,000 rent, 1.5% ($45) would control.
Can I charge a pet deposit or pet rent for an emotional-support animal?
No. ESAs and service animals are not pets. You cannot charge a pet deposit, pet rent, or pet fee for them, and your no-pet, breed, and weight rules do not apply. The tenant is still liable for any actual damage the animal causes.
What documentation can I require for an ESA?
When the disability or need isn't obvious, you may ask for a letter from a licensed health-care provider who has an established therapeutic relationship with the tenant. Under HB 21-1271 you may verify the provider's license is active, but you cannot demand a diagnosis or reject a legitimate accommodation for lack of a specific form.
What can I ask about a service animal?
If the training isn't obvious, only two questions: whether the animal is required because of a disability, and what work or task it performs. You may not ask about the disability itself, request documentation, or require a demonstration.
Can I still deny a request or evict over an assistance animal?
Only narrowly. You may deny where a specific animal is a direct threat or would cause substantial damage that can't be mitigated, based on that animal's actual conduct. On eviction, pets can't be taken as lien collateral, and a pet left during execution of a writ must be turned over to local animal control.
Federal authority: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; HUD FHEO Notice 2020-01. State authority: Colo. Rev. Stat. § 38-12-102. Last updated October 23, 2026. For informational purposes only, not legal advice. Pet and assistance-animal questions are highly fact-specific; consult a licensed Colorado attorney before refusing any request.