Last updated: April 2026
Fountain renters benefit from Colorado's statewide tenant protections — including a 91-day termination notice requirement and treble damages for wrongful deposit withholding — even though no Colorado city has enacted rent control.
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Fountain is a city in El Paso County, Colorado, located south of Colorado Springs along Interstate 25. Like all Colorado municipalities, Fountain has not enacted local tenant protections — renters' rights are governed by Colorado state law under C.R.S. Title 38, Article 12 and the eviction procedures at C.R.S. §§ 13-40-101 et seq. Renters in Fountain most commonly ask about security deposit returns, landlord repair obligations, and the notice required before a tenancy can be ended.
Colorado enacted significant tenant-protective reforms through SB 21-173 in 2021, extending month-to-month termination notice from 10 to 91 days, expanding habitability remedies, and repealing the ban on local rent control. While Fountain has not enacted any rent stabilization ordinance, these other statewide protections provide meaningful rights to Fountain renters.
This page is general educational information only and is not legal advice. For specific legal issues, contact Pikes Peak Legal Services or Colorado Legal Services.
Fountain has no rent control. Colorado's statewide prohibition on local rent stabilization under C.R.S. § 38-12-301 was repealed by SB 21-173 in 2021, giving municipalities the option to enact rent control. However, as of April 2026, no Colorado city or county — including Fountain — has enacted any rent stabilization ordinance. Fountain landlords may raise rent by any amount.
For month-to-month tenants, the landlord must give at least 91 days' written notice before terminating the tenancy under C.R.S. § 13-40-107. This requirement replaced the former 10-day standard in 2021. For fixed-term leases, rent is locked at the agreed rate for the lease duration. There is no cap on increases, no local registry, and no requirement to justify any rent hike.
Colorado state law provides the following key protections for renters in Fountain.
Warranty of Habitability (C.R.S. § 38-12-501 et seq.): Landlords must maintain rental units in habitable condition — functioning plumbing and heating, adequate weatherproofing, safe electrical systems, and freedom from pests. After written notice and a reasonable repair period, tenants may seek rent reduction, lease termination, or damages. Willful violations may also entitle tenants to attorney fees under C.R.S. § 38-12-507.
Security Deposits (C.R.S. §§ 38-12-102–103): No statutory deposit cap; must be returned within 30 days (or 60 if the lease allows) with a written itemized statement. Wrongful withholding triggers treble damages plus attorney fees.
Notice to Terminate (C.R.S. § 13-40-107): At least 91 days' written notice is required from either party to end a month-to-month tenancy (extended from 10 days by SB 21-173 in 2021).
Anti-Retaliation (C.R.S. § 38-12-509): Landlords may not retaliate against tenants for reporting code violations, requesting repairs, or exercising legal rights. Retaliatory eviction is a recognized defense in Colorado courts.
Eviction Procedure: Landlords must follow court-supervised eviction procedures. Self-help eviction — lockouts, utility shutoffs, removal of belongings — is prohibited.
Security deposits in Fountain are governed by C.R.S. §§ 38-12-102 and 38-12-103. Colorado imposes no cap on deposit amounts — the amount is set by your lease. The return timeline and penalty framework are among the strongest tenant protections in the nation.
After you vacate, your landlord has 30 days to return the full deposit or provide a written, itemized statement of deductions along with any remaining balance. Your lease may extend this to up to 60 days if it expressly provides for that period. Provide your forwarding address in writing at move-out to start the clock.
If your landlord wrongfully withholds your deposit — by not returning it, not providing the itemized statement, or making impermissible deductions — you may recover three times the amount wrongfully withheld, plus reasonable attorney fees under C.R.S. § 38-12-103. Permissible deductions are limited to unpaid rent and damage beyond normal wear and tear.
Claims may be filed in El Paso County Court (small claims). Document your unit's condition at move-in and move-out with dated photos and video.
Evictions in Fountain follow Colorado's court-supervised process under C.R.S. §§ 13-40-101 et seq. Self-help eviction — lockouts, utility shutoffs, removal of belongings without a court order — is prohibited.
Step 1 — Written Notice:
• Nonpayment of rent: 10-day Demand for Compliance or Right to Possession (C.R.S. § 13-40-104(d)).
• Lease violation: 10-day notice to comply or vacate (C.R.S. § 13-40-104(e)).
• Termination of month-to-month tenancy: At least 91 days' written notice (C.R.S. § 13-40-107).
Step 2 — El Paso County Court Filing: If the tenant does not comply, the landlord files an Unlawful Detainer action. A hearing is typically scheduled within 7–14 days of service.
Step 3 — Hearing: Both parties may present their case. Tenants may raise habitability failures (C.R.S. § 38-12-501), retaliation (C.R.S. § 38-12-509), or improper notice as defenses. Contact Pikes Peak Legal Services or Colorado Legal Services before your hearing.
Step 4 — Writ of Restitution: If the court rules for the landlord and the tenant does not vacate, a Writ of Restitution authorizes an El Paso County sheriff to carry out physical removal. Only a court-authorized officer may remove a tenant.
No. Fountain has no rent control, and no Colorado city has enacted rent control as of April 2026. Colorado's statewide ban on local rent stabilization was repealed by SB 21-173 in 2021 (C.R.S. § 38-12-301), but Fountain and all other Colorado municipalities have not adopted any rent stabilization ordinance. Landlords in Fountain may raise rent by any amount.
There is no legal limit on rent increases in Fountain. No Colorado city currently has rent control. For month-to-month tenancies, the landlord must give at least 91 days' written notice before terminating the tenancy or imposing new rental terms (C.R.S. § 13-40-107). For a fixed-term lease, rent is locked at the agreed amount for the lease duration unless the lease expressly allows mid-term increases.
Under C.R.S. § 38-12-103, your landlord must return your deposit — with a written itemized statement of deductions — within 30 days of move-out (or up to 60 days if your lease expressly allows it). If the landlord wrongfully withholds any amount, you may recover three times the withheld sum plus attorney fees. Always provide your forwarding address in writing when you move out.
For nonpayment of rent, the landlord must give a 10-day written notice to pay or vacate (C.R.S. § 13-40-104). For a lease violation, a 10-day notice to comply or vacate applies. To terminate a month-to-month tenancy without cause, the landlord must give at least 91 days' written notice (C.R.S. § 13-40-107). After proper notice, the landlord must file in El Paso County Court — self-help removal is illegal.
No. Colorado prohibits self-help eviction. A landlord cannot change your locks, remove doors, shut off utilities, or remove your belongings without a court order. If this happens, document the situation and contact Pikes Peak Legal Services or Colorado Legal Services (coloradolegalservices.org) immediately.
Colorado's Warranty of Habitability Act (C.R.S. § 38-12-501) requires landlords to maintain habitable conditions. After providing written notice and a reasonable repair period, you may be entitled to seek a rent reduction, terminate the lease, or pursue damages in El Paso County Court if the landlord fails to act. Willful violations may also entitle you to attorney fees under C.R.S. § 38-12-507. Always put repair requests in writing, keep copies, and contact Pikes Peak Legal Services before taking any unilateral action.
This page is intended for general informational purposes only and does not constitute legal advice. The information reflects laws in effect as of April 2026, but tenant rights laws can change. The application of any law depends on the specific facts of your situation. Consult a licensed Colorado attorney or contact one of the legal aid organizations listed above if you are facing a housing legal issue. RentCheckMe is not a law firm and does not provide legal representation.
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