Colorado § 38-12-903 Rental application fee - limitations

Colorado Statutes

§ 38-12-903 — Rental application fee - limitations

Colorado·Title 38 Property -·Art. Tenants and Landlords

(1)A landlord shall not charge a prospective tenant a rental application fee unless the landlord uses the entire amount of the fee to cover the landlord's costs in processing the rental application. The landlord's costs may be based on:

(a)The actual expense the landlord incurs in processing the rental application; or

(b)The average expense the landlord incurs per prospective tenant in the course of processing multiple rental applications.

(2)A landlord shall not charge a prospective tenant a rental application fee:

(a)That is in a different amount than a rental application fee charged to another prospective tenant who applies to rent:

(I)The same dwelling unit; or

(II)If the landlord offers more than one dwelling unit for rent at the same time, any other dwelling unit

Free access — add to your briefcase to read the full text and ask questions with AI

(1) A landlord shall not
charge a prospective tenant a rental application fee unless the landlord uses the
entire amount of the fee to cover the landlord's costs in processing the rental
application. The landlord's costs may be based on:

(a) The actual expense the landlord incurs in processing the rental
application; or

(b) The average expense the landlord incurs per prospective tenant in the
course of processing multiple rental applications.

(2) A landlord shall not charge a prospective tenant a rental application fee:

(a) That is in a different amount than a rental application fee charged to
another prospective tenant who applies to rent:

(I) The same dwelling unit; or

(II) If the landlord offers more than one dwelling unit for rent at the same
time, any other dwelling unit offered by the landlord; or

(b) If the prospective tenant provides to the landlord a portable tenant
screening report pursuant to section 38-12-904 (1.5).

(3) (a) A landlord shall provide to any prospective tenant who has paid a
rental application fee either a disclosure of the landlord's anticipated expenses for
which the fee will be used or an itemization of the landlord's actual expenses
incurred. If a landlord charges an amount based on the average cost of processing
the rental application, the landlord shall include information regarding how that
average rental application fee is determined.

(b) A landlord shall provide every prospective tenant with a receipt for any
application fee received. The landlord may provide a prospective tenant an
electronic receipt unless the prospective tenant requests a paper receipt, in which
case the landlord shall provide the prospective tenant a paper receipt.

(4) A landlord who receives a rental application fee from a prospective
tenant and does not use the entire amount of the fee to cover the landlord's costs in
processing the rental application shall remit to the prospective tenant the
remaining amount of the fee. The landlord shall make a good-faith effort to remit
such amount within twenty calendar days after processing the application.

Colorado § 38-12-903 (Rental application fee - limitations) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2019: Entire part added, (HB 19-1106), ch. 129, p. 582, � 1, effective August 2. L. 2023: (2) amended, (HB 23-1099), ch. 151, p. 639, � 2, effective August 7.