Colorado Tenant Rights
Tenant Rights in Berthoud, Colorado
Berthoud is a fast-growing town in Larimer County with no local rent control or just-cause eviction ordinance. Colorado state law governs all landlord-tenant relationships here.
·
Updated May 2026
✓
Key Takeaways
- No rent control. Colorado state law (C.R.S. § 38-12-301) previously banned local rent control; the ban was lifted in 2021 but no ordinance has been enacted in Berthoud.
- Capped at one month's rent (effective Jan. 1, 2026, per HB25-1249). Must be returned within 30 days (up to 60 if lease allows) with an itemized statement. Wrongful withholding entitles the tenant to treble damages plus attorney fees (C.R.S. § 38-12-103).
- Month-to-month tenants must receive at least 91 days written notice to terminate the tenancy (C.R.S. § 13-40-107).
- No Berthoud-specific just-cause ordinance. State law requires landlords to provide proper written notice and obtain a court judgment before eviction; self-help eviction is prohibited.
- Colorado Legal Services, Colorado Poverty Law Project, Larimer County Housing (larimer.gov/housing/tenants)
Want to skip straight to checking your own building?
Use the RentCheckMe address checker.
1. Overview: Tenant Rights in Berthoud
Berthoud is a rapidly growing town of roughly 13,600 residents in Larimer County, Colorado, situated between Fort Collins and Longmont along the Front Range. Although the town has nearly doubled in population over the past decade, it has not enacted any local rent control, just-cause eviction, or tenant-protection ordinances beyond what Colorado state law requires.
Renters in Berthoud most commonly search for information about security deposit rules, how much notice a landlord must give before ending a lease, and what to do if a landlord refuses to make repairs. All of those questions are answered by Colorado state statutes, which apply uniformly across the state including in Berthoud.
This article summarizes the key protections available to Berthoud renters under Colorado law. It is provided for informational purposes only and is not legal advice. Laws change; consult a licensed Colorado attorney or a local legal aid organization for guidance specific to your situation.
2. Does Berthoud Have Rent Control?
Berthoud has no rent control. Colorado state law (C.R.S. § 38-12-301) prohibited local governments from enacting rent control until Senate Bill 21-173 lifted that ban in 2021. As of May 2026, no Colorado municipality — including Berthoud — has enacted a rent-control ordinance. Landlords in Berthoud may raise rent by any amount, but they must provide proper written notice as required by the lease or state law before a new rent amount takes effect.
3. Colorado State Tenant Protections That Apply in Berthoud
Colorado law provides several key protections for all renters in Berthoud:
- Warranty of Habitability (C.R.S. § 38-12-501): Landlords must maintain rental units in a safe and habitable condition. If a landlord fails to remedy a serious habitability defect after proper notice, tenants may be entitled to a rent reduction, repair-and-deduct remedies, or lease termination.
- Security Deposit Cap and Return (C.R.S. § 38-12-103; HB25-1249): Effective January 1, 2026, security deposits are capped at one month's rent. Deposits must be returned within 30 days of lease termination or surrender of the unit (up to 60 days if the lease expressly allows it), accompanied by an itemized written statement of any deductions. Landlords may not deduct for normal wear and tear.
- Notice to Terminate (C.R.S. § 13-40-107): Landlords must give month-to-month tenants at least 91 days written notice before terminating the tenancy.
- Anti-Retaliation (C.R.S. § 38-12-509): Landlords may not retaliate against tenants for reporting code violations, requesting repairs, or exercising any other legal right. Retaliatory rent increases, eviction notices, or service reductions are prohibited.
- Right to Privacy: Landlords must provide at least 24 hours advance written notice before entering a rental unit except in a genuine emergency.
4. Security Deposit Rules in Berthoud
Under Colorado law (C.R.S. § 38-12-103, as amended by HB25-1249 effective January 1, 2026), security deposits in Berthoud are subject to the following rules:
- Cap: Security deposits may not exceed one month's rent for leases signed on or after January 1, 2026.
- Installment payments: Tenants may pay the security deposit in installments over up to six months. Landlords may not evict a tenant solely for missing a deposit installment payment.
- Return deadline: Landlords must return the deposit within 30 days after the lease ends or the tenant surrenders possession, whichever is later. If the lease provides for a longer period, the maximum is 60 days.
- Itemized statement: Any deductions must be accompanied by a written itemized statement. Landlords may not deduct for normal wear and tear or for damage that preexisted the tenancy.
- Penalty for wrongful withholding: If a landlord wrongfully withholds all or part of a security deposit, the tenant may recover up to treble (triple) damages plus reasonable attorney fees (C.R.S. § 38-12-103).
5. Eviction Process and Your Rights in Berthoud
Landlords in Berthoud must follow Colorado's statutory eviction process and may not remove a tenant through self-help methods such as changing locks, removing doors, or shutting off utilities (C.R.S. § 38-12-510).
Notice requirements (C.R.S. § 13-40-104):
- Nonpayment of rent: Landlord must serve a written Demand for Payment or Possession giving the tenant at least 10 days to pay the overdue rent or vacate. (Note: For leases entered into or renewed on or after August 7, 2023, the notice period is 10 days under SB 23-184.)
- Lease violation: Landlord must serve a written notice specifying the violation and giving the tenant a reasonable opportunity to cure before filing for eviction.
- No-fault / end of tenancy: Month-to-month tenants are entitled to at least 91 days written notice (C.R.S. § 13-40-107).
Court process: If the tenant does not comply with the notice, the landlord must file a Forcible Entry and Detainer (FED) action in Larimer County Court. The court will schedule a hearing, and the landlord must obtain a judgment and writ of restitution before a tenant can be physically removed. Only a law enforcement officer may carry out an eviction.
Just cause: Berthoud has no local just-cause eviction ordinance. Colorado state law does not impose a blanket just-cause requirement for non-renewals, but landlords must follow proper notice procedures in all cases.
6. Resources for Berthoud Tenants
This article is for informational purposes only and does not constitute legal advice. Tenant-landlord laws and local ordinances can change; the information presented here reflects research completed in May 2026 and may not reflect subsequent changes. Renters in Berthoud, Colorado should consult a licensed Colorado attorney or contact a local legal aid organization for advice specific to their situation.
Frequently Asked Questions
Does Berthoud have rent control?
No. Berthoud has no rent control ordinance. Colorado lifted its statewide ban on local rent control in 2021 (SB 21-173), but as of May 2026 no Colorado city or town — including Berthoud — has enacted rent control. Landlords may raise rent by any amount, provided they give proper notice.
How much can my landlord raise my rent in Berthoud?
There is no limit on rent increases in Berthoud or anywhere in Colorado. A landlord may raise rent by any amount when a lease term ends or, for month-to-month tenancies, with proper advance written notice as required by the lease agreement or state law. Tenants should review their lease for any notice requirements before a rent increase takes effect.
How long does my landlord have to return my security deposit in Berthoud?
Under C.R.S. § 38-12-103 (as updated by HB25-1249, effective January 1, 2026), your landlord must return your security deposit within 30 days of your lease ending or your surrender of the unit, accompanied by a written itemized statement of any deductions. If the lease specifically allows it, the period may extend to a maximum of 60 days. Wrongful withholding can entitle you to treble damages plus attorney fees.
What notice does my landlord need before evicting me in Berthoud?
It depends on the reason. For nonpayment of rent, Colorado law requires at least a 10-day written notice to pay or vacate (C.R.S. § 13-40-104). For month-to-month tenancies terminated without cause, landlords must provide at least 91 days written notice (C.R.S. § 13-40-107). In all cases, the landlord must obtain a court judgment before you can be physically removed.
Can my landlord lock me out or shut off utilities in Berthoud?
No. Colorado law (C.R.S. § 38-12-510) prohibits self-help evictions. A landlord may not change your locks, remove doors or windows, or shut off utilities to force you to leave. Only a court-ordered writ of restitution, enforced by law enforcement, can result in a lawful eviction. If your landlord attempts a self-help eviction, contact Colorado Legal Services or a local attorney immediately.
What can I do if my landlord refuses to make repairs in Berthoud?
Colorado's Warranty of Habitability Act (C.R.S. § 38-12-501) requires landlords to maintain rental units in a safe and habitable condition. If your landlord fails to make necessary repairs after written notice, you may have the right to seek a rent reduction, use a repair-and-deduct remedy, or terminate the lease depending on the severity of the issue. Contact Colorado Legal Services or the Colorado Poverty Law Project for guidance on your specific situation.
Get notified when rent laws change in Berthoud
We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.