Colorado Pet Rent and Pet Deposit Caps, and What Assistance Animals Pay
Colorado capped charges for pets in 2024 and expanded assistance animal protections in 2026. Put together, most renters with a service animal or an approved emotional support animal should not see pet charges at all.
Pet, Service Animal or Approved ESA: Who Pays What
Colorado uses different statutes for pets and for assistance animals, so the first question is always which category the animal is in.
Ordinary pet
- Pet deposit
- Up to $300 extra, and refundable
- Pet rent
- Up to $35 a month or 1.5% of rent, whichever is greater
- Damage
- Tenant pays, through the deposit or otherwise
Trained service animal
- Pet deposit
- No extra charge under C.R.S. 24-34-803
- Pet rent
- No extra charge, including for a service animal in training
- Damage
- Handler remains liable
Approved emotional support animal
- Pet deposit
- Generally should not apply after approval
- Pet rent
- Generally should not apply after approval
- Damage
- Tenant remains responsible
HB 26-1045 made emotional support animals assistance animals under Colorado housing law and was written to restore the rescinded federal guidance, which treated pet fees for approved assistance animals as improper. The statute does not list fees itself, so ask the Colorado Civil Rights Division if a landlord disagrees.
Check a Charge Against Colorado's Caps
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Getting a Pet Deposit Back After Approval
If you paid pet charges before your accommodation was approved, ask for them to end on the approval date.
- 1Collect the paper trailLease, ledger showing pet charges and the written approval.
- 2Ask in writingRequest that pet rent stop and the pet deposit be refunded or credited.
- 3Point to the refund ruleColorado requires pet deposits to be refundable, even for ordinary pets.
- 4Escalate if neededThe Colorado Civil Rights Division takes housing complaints within one year.
Your Regular Security Deposit Still Follows Colorado Rules
Removing pet charges does not change the ordinary deposit, which is governed by C.R.S. 38-12-103.
One month
Default deadline to return the deposit after the lease ends.
Up to 60 days
Only if the lease sets a longer period.
Written reasons
Deductions for damage need a written statement.
Three times
Willful wrongful withholding can cost a landlord triple the amount.
Service Animals: Colorado Says No Extra Charge
Breed Surcharges and the Insurance Excuse
The same 2023 law that capped pet charges also changed homeowner's insurance. Colorado insurers may not refuse, cancel, decline to renew or raise premiums on homeowner's or dwelling fire policies because of a dog's breed or mix of breeds.
Insurers can still act on a particular dog known or declared to be dangerous. When a landlord blames a policy for a breed restriction, ask to see the policy language. Breed rules are covered for the city of Aurora and Denver.
Charge Names on a Colorado Lease, Decoded
Leases and resident portals use many labels. What matters is what the money is for.
A monthly charge for a pet. Capped for pets; not for approved assistance animals.
Money held against pet damage. Capped at $300 and refundable.
Colorado requires pet deposits to be refundable, so ask what a one-time fee covers.
Charged by some portals for pet profiles; see screening portals.
Deductions for real damage beyond normal wear follow the deposit rules.
Charging to review a disability accommodation request is a red flag worth questioning.
Moving Out With an Assistance Animal
Approval does not change your responsibility for damage, so a careful move-out protects the ordinary deposit.
Usually normal wear
Light carpet wear along walking paths, faded paint, minor scuffs.
Usually damage
Chewed trim, scratched doors, stains or odor needing replacement.
Take dated photos at move-in and move-out, and give a forwarding address in writing.
Documentation Plans for Colorado Renters
If pet charges are the problem, documentation comes first. Start with the Free Screening; current plans and prices are below.
Pet Charge Questions Colorado Renters Search
Can Colorado landlords charge pet rent for an emotional support animal?
Pet rent is a charge for pet animals. Since August 12, 2026, Colorado counts emotional support animals as assistance animals, and once a landlord approves one as a reasonable accommodation, pet rent generally should not be charged for it. If a landlord insists, the Colorado Civil Rights Division can advise.
Can a landlord charge a pet deposit for a service animal in Colorado?
No. C.R.S. 24-34-803 lets a person with a disability keep an individually trained service animal in housing without paying an extra charge. The handler is still liable for any damage the animal causes.
What is the maximum pet deposit in Colorado?
For pets, a landlord may not demand or receive an additional security deposit of more than $300, and that pet deposit must be refundable. The cap has applied since January 1, 2024.
How much pet rent can a Colorado landlord charge?
For pets, monthly pet rent may not exceed $35 or 1.5% of the tenant's monthly rent, whichever amount is greater.
Can I get my pet deposit back after my ESA is approved?
Ask in writing for pet charges to stop from the approval date and for the pet deposit to be returned or credited. Colorado pet deposits must be refundable in any case, and charges paid before you made a request depend on the facts.
Does an ESA letter waive pet fees automatically?
No. The letter supports a reasonable accommodation request. Pet charges come off after the housing provider approves the request, usually following a short interactive process.
Related Colorado Guides
General information about pet and assistance animal charges in Colorado, current as of September 2026. It is not legal advice. Figures in the checker are estimates; lease terms and facts matter.
Stop Guessing About Pet Charges
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