Moving From Rent-Controlled to Market Rent in Colorado

Renters in Colorado often want to know what happens if their rent-controlled or rent-stabilized unit becomes subject to market rent. This transition can bring uncertainty about rent hikes, notice periods, and rights. The following guide breaks down what it means for renters in Colorado when moving from a rent-controlled environment to a market-rate lease, including proper notice of rent increase, available legal forms, and where to find help.

Does Colorado Have Rent Control or Rent Stabilization?

As of 2024, Colorado does not have traditional rent control or rent stabilization laws. State law generally prohibits city-wide or local rent control ordinances. Instead, rents are primarily determined by the market, except where a local housing authority manages subsidized or income-restricted units.

• If you live in a government-subsidized or income-restricted unit, different rules may apply. Check with the Colorado Department of Local Affairs (DOLA) for eligibility and rules.
• For most private rentals, there are no limits on rent increases unless your lease specifies otherwise.

If your landlord wishes to raise the rent (such as after a lease term ends or if the unit is no longer subject to income restrictions), state law requires advance notice but does not cap the increase amount.^[1]

Notice Requirements for Rent Increases

State law sets clear timelines for how much notice a landlord must give before increasing your rent:

• Month-to-Month Leases: At least 60 days’ written notice for any rent increase.
• Weekly Leases: At least 21 days’ written notice before changing rent.
• Fixed-Term Leases: Unless your lease allows mid-term increases, your rent cannot change until the lease expires.

All notices must be in writing. If you do not agree to the new rent, you may choose not to renew your lease or to provide a notice to vacate, according to your lease terms.

Which Official Forms Might Apply?

Although Colorado has no specific "Rent Control Removal" form, there are official forms relevant in this transition:

• Notice to Quit (No official form number)
  Used when either the landlord or tenant wishes to end a tenancy.
  Example: If you receive notice of a rent increase you can’t afford, you may deliver a Notice to Quit to your landlord.
  View sample Notice to Quit and information at Colorado DOLA.
• Notice of Rent Increase (Landlord-issued; must be written)
  Your landlord must provide this with 60 days’ notice for month-to-month renters.
  Guidance from Colorado Department of Local Affairs.

If your building is government-subsidized, other forms (such as HUD-related forms) may be required. Always check with your property manager or the Colorado Department of Local Affairs.

What Happens When a Unit Becomes Market Rent?

For renters in once rent-restricted or subsidized housing, transitioning to market rent generally means:

• Your rent can be raised with proper notice (often to market levels).
• The amount of increase is not capped under state law.
• You cannot be forced to pay new rent amounts mid-lease, unless your lease allows it.
• If you can’t afford the new rent, you have a right to proper notice and may need to seek alternate housing.

It’s always wise to request rent increase notices in writing and keep records for your protection.

Where to Turn for Disputes or Help

If you believe the rent increase was not properly noticed—or have other issues tied to your rental—resources are available:

• The Colorado County Courts handle residential tenancy disputes, including eviction and notice-related matters.
• For legal support, try the Colorado Legal Services for low-income renters.

Relevant Colorado Legislation

Rules covering notices, lease changes, and eviction are found in the Colorado Revised Statutes, Title 38 - Property: Real and Personal, especially Article 12 - Tenants and Landlords.^[1]

FAQ: Moving From Rent-Controlled to Market Rent in Colorado

1. Does Colorado have any rent control laws for regular apartments?
   No, Colorado does not allow city or county rent control ordinances for private apartments. Rent amounts are set by market conditions, except in subsidized or income-restricted housing.
2. How much notice must my landlord give before raising my rent?
   For month-to-month renters, your landlord must provide at least 60 days’ written notice before a rent increase takes effect.
3. Can I challenge a rent increase if a unit changes to market rent?
   While you can question whether proper notice was given, Colorado law does not let tenants formally challenge the amount of a market-based rent increase unless discrimination or harassment is involved.
4. What should I do if I can’t afford the new market rent?
   You may issue a Notice to Quit to your landlord or seek help from a housing resource agency or legal services group to discuss your options.
5. Where can I get the proper Notice to Quit form?
   You can view sample templates and guidance from the Colorado Department of Local Affairs. Always use written notice.

Conclusion: Key Takeaways

• Colorado does not have rent control for most apartments; rent increases are legal once proper notice is given.
• If your formerly rent-restricted unit becomes market rate, your landlord must provide advance written notice before a rent hike.
• Official support is available through state and court resources if you need help or have concerns about your rental rights.

Need Help? Resources for Renters in Colorado

• Colorado Department of Local Affairs – Landlord/Tenant Resources
• Colorado Legal Services – Free and Low-Cost Legal Help
• Colorado County Courts – Tenancy Dispute Information
• Colorado Revised Statutes Title 38 – Tenant and Landlord Law

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1. Colorado Revised Statutes, Title 38, Article 12 – Tenants and Landlords

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