Understanding Vacancy Decontrol in Colorado Rent Control

For Colorado renters, the concept of "vacancy decontrol" can seem confusing—especially as more cities consider local rent control measures. If you live in, or are considering moving into, a rent-stabilized or rent-controlled apartment, knowing how the law treats rent increases after a tenant moves out is essential. This guide covers how vacancy decontrol works in Colorado, the relevant laws, forms, and practical steps to protect your rights as a renter.

What Is Vacancy Decontrol?

Vacancy decontrol is a policy where, when a tenant leaves a rent-controlled or rent-stabilized unit, the landlord may raise the rent for the next tenant—sometimes without the same limits that applied during the prior tenancy. This means a new renter might pay much more than the previous tenant, potentially impacting affordability over time.

Colorado's Approach to Rent Control and Vacancy Decontrol

As of 2024, Colorado does not have statewide rent control laws. However, local governments can enact their own rent control measures after the passage of House Bill 23-1115. If a local jurisdiction chooses to implement rent control, it may include or exclude vacancy decontrol rules.

• No Statewide Vacancy Decontrol: Colorado state law leaves decisions about vacancy decontrol to local governments.
• Local Programs Vary: Any rent control or stabilization, including how vacancy decontrol is handled, will depend on the local ordinance in your city or county.
• Learn more about Colorado’s rental laws from the Colorado Department of Local Affairs – Division of Housing.

Currently, most Colorado cities do not have active local rent control programs. Always check with your city or county housing authority for the most current rules.

Key Colorado Legislation

• House Bill 23-1115 (2023): Local Control Over Rent Stabilization – Gives local governments authority to pass rent control measures.
  Review the Colorado Revised Statutes for definitions and rules.

Always check your local city or county ordinances for updates on rent stabilization or vacancy decontrol, as they may change quickly in 2024 and beyond.

What Should Renters Look for in Their Lease?

Whether your apartment falls under a local rent control program or not, your lease should clearly state:

• The base rent and terms for rent increases.
• Any reference to local rent stabilization or control ordinances.
• What happens to your rent if you move out (i.e., whether the unit is subject to vacancy decontrol).

How Vacancy Decontrol Affects Renters

In areas with vacancy decontrol, renters may see a significant rent increase if they try to move into a previously rent-controlled unit. But current tenants are protected from large increases as long as they stay in their unit and local rules apply. If you’re signing a new lease, always:

• Ask the landlord if vacancy decontrol applies after you move out.
• Request written details in your lease agreement.
• Keep copies of every notice regarding rent increases or lease changes.

Official Forms Renters May Need

If you live in a city or county with local rent control or stabilization, they will generally have specific official forms for rental disputes, complaints, or lease renewals. Here are some types you may encounter:

• Rental Complaint Form (varies by city/county):
  Example: If you believe your landlord is charging an illegal rent increase under a local ordinance.
  When and How Used: Submit to your local city/county housing or tenant services office when you suspect a rent control violation.
  Check your city website or Colorado Division of Housing contact page for links to available forms.
• Lease Termination Notice (No nationwide form):
  Example: Used if you wish to end your lease on time; the number of days' notice required may be set by local rules.

Always use official city or county forms. For general state-level resources and forms, visit the Colorado Department of Local Affairs Housing Programs.

Which Tribunal or Board Handles Tenancy Issues?

In Colorado, landlord-tenant disputes are generally handled in County Courts. For rent control or stabilization issues governed by local ordinances, you may also contact your local city housing board or tenant/landlord commission. Find more information about courts at the Colorado Judicial Branch – County Courts Directory.

Action Steps for Renters

• Contact your local housing authority to check if your unit is subject to rent control or vacancy decontrol.
• Request a copy of the local rent control ordinance and keep it for your records.
• If you believe your landlord is violating rent control rules, file a complaint using your city’s official form or contact the Division of Housing.
• For legal help, reach out to Colorado Legal Services.

Frequently Asked Questions

1. What is vacancy decontrol in Colorado?
   Vacancy decontrol allows landlords to raise rent for new tenants after a previous renter leaves a rent-controlled or stabilized unit. Local laws decide if and how this is allowed.
2. Are there any statewide rent control or vacancy decontrol rules in Colorado?
   No, Colorado does not have statewide rent control. Local governments can create their own policies, which may include vacancy decontrol.
3. How can I find out if my unit is covered by rent control or vacancy decontrol?
   Check with your local city or county housing department or review your lease. You can also contact the Colorado Division of Housing for guidance.
4. Where do I file a complaint about illegal rent increases?
   Use your local city or county’s "Rental Complaint" form or contact Colorado’s Division of Housing for state-level support.

Conclusion: Key Takeaways

• Colorado allows local governments to set rent control rules—including vacancy decontrol, which means rent can rise after a tenant moves out.
• Check with your city or county housing authority for current rent control and vacancy decontrol policies.
• Always read your lease carefully and keep records of all rent communications.

Need Help? Resources for Renters

• Colorado Department of Local Affairs – Rental Assistance & Housing Resources
• Colorado Division of Housing Contact Page
• Colorado County Courts Directory
• Colorado Legal Services

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1. House Bill 23-1115 – Local Government Authority to Enact Rent Control
2. Colorado Department of Local Affairs – Division of Housing
3. Colorado Judicial Branch – County Courts

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