How Colorado Renters Can Address Rent Overcharges

Feeling uncertain about a recent rent hike or suspect your landlord is charging you more than agreed? In Colorado, while traditional rent control does not exist, renters still have rights. This guide explains the steps you can take if you believe you've been overcharged, using official resources and plain, clear language every renter can understand.

Does Colorado Have Rent Control or Rent Stabilization?

Currently, Colorado does not have statewide rent control or rent stabilization. In fact, state law restricts local governments from enacting their own rent control measures.^[1] However, every renter has the right to be charged no more than what's specified in their written lease agreement. If your landlord tries to raise the rent during your lease term or fails to follow proper notice requirements to increase rent, you may be able to challenge their actions.

What Counts as a Rent Overcharge in Colorado?

Because Colorado doesn't regulate rent amounts, "rent overcharge" typically means being asked to pay more than your signed lease agreement requires, or being subject to an illegal or improper rent increase. Typical scenarios include:

• The landlord tries to increase rent before your lease renewal date (for a fixed-term lease)
• You’re charged hidden fees or costs not listed in your lease
• Rent is raised without giving you the minimum required notice (usually 21 days for month-to-month tenancies^[2])

Who Handles Rent Disputes in Colorado?

There is no dedicated rent board or housing tribunal for rent overcharge complaints in Colorado. Instead, concerns are typically addressed through:

• Colorado State Courts
• Local housing authorities (for subsidized or public housing issues)
• The Colorado Department of Local Affairs (DOLA), which provides general resources and legal referral services — see their Renter Resources page

If direct communication and negotiation with your landlord fail, you may need to file a claim in county (small claims) court.

Filing a Rent Overcharge Complaint: Steps for Colorado Renters

While there's no specialized form for "rent overcharge," renters can use the court system to resolve financial disputes. Here are the main steps:

• Document your lease and payments: Keep copies of your signed lease, any written rent increase notices, and payment records.
• Write to your landlord: Clearly state why you believe you were overcharged. Include evidence and request written correction or refund.
• Contact local mediation programs: Some cities and counties offer free or low-cost landlord-tenant mediation. See resources below.
• Consider small claims court: If your landlord does not address the overcharge, you can file a "Notice, Claim and Summons to Appear for Trial" (form JDF 250) in county court to recover the difference. This is the main route for renters to address monetary disputes in Colorado.

Relevant Official Form: Notice, Claim and Summons to Appear for Trial (JDF 250)

• Name: Notice, Claim and Summons to Appear for Trial (CRCCP Form 1, JDF 250)
• When to use: If your landlord refuses to correct or return an overcharge, you may file this form with the small claims division of your county court.
• How it works: For example, if your lease states rent is $1,200 but you are charged $1,300 for three months, you can file this form to recover the extra $300.
• Download Notice, Claim and Summons to Appear for Trial (JDF 250) from the Colorado Judicial Branch

If your complaint involves subsidized or government-assisted housing, you may also file a grievance with your local public housing authority (PHA). They will have their own procedure.

Understanding Colorado Tenant Laws

Landlord-tenant rights in Colorado are mainly governed by the Colorado Revised Statutes Title 38, Article 12: Tenant and Landlord.^[2] This covers rent increases, notice requirements, and remedies for breach of contract.

What to Expect After Filing

Once you file your Notice, Claim and Summons (JDF 250) in small claims court, your landlord will be notified and you’ll receive a date for a hearing. County court staff can help explain filing steps, but cannot offer legal advice.

Timeline and Limitations

• Time limits: Colorado law gives you up to 6 years to file a contract claim, but renters should act quickly for the best outcome.
• Evidence: The stronger your documentation, the more likely you are to recover overcharged amounts.

Frequently Asked Questions

1. Does Colorado have any statewide rent control?
   No, Colorado law currently prohibits statewide or local rent control measures.
2. How much notice does my landlord need to raise the rent?
   For month-to-month tenancies, your landlord must give at least 21 days written notice before increasing the rent.^[2]
3. What official form should I use if I want to ask a court for my money back?
   Renters can use the "Notice, Claim and Summons to Appear for Trial" (JDF 250) in county small claims court.
4. Can I file a complaint with a Colorado state agency?
   There is currently no state agency that handles enforcement for market-rate rent overcharges. Complaints are generally handled through local mediation or the court system.^[3]
5. Will I need to attend a hearing if I file a claim?
   Yes, if you proceed through the court, you and your landlord will likely appear at a scheduled small claims hearing.

Conclusion: Key Takeaways for Colorado Renters

• Colorado does not have rent control, but renters are protected by their signed lease agreements.
• If you believe you’ve been overcharged, document everything and try to resolve it directly with your landlord first.
• When needed, file a claim in small claims court using Colorado’s official forms.

Need Help? Resources for Renters

• Colorado Department of Local Affairs: Renter Resources – Statewide info and links to legal services
• Colorado Judicial Branch – Small claims instructions, forms, and court locations
• Colorado Housing Connects – Free tenant counseling and help finding local services
• Colorado Legal Services – Free and low-cost legal advice for qualifying renters
• Your local city or county housing authority (especially for Section 8 or public housing complaints)

---

1. Colorado HB23-1115: Prohibiting Residential Rent Control
2. Colorado Revised Statutes, Title 38, Article 12: Tenant and Landlord
3. Colorado Department of Local Affairs – Renter Resources

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations