Colorado Tenant Rights
Tenant Rights in Severance, Colorado
Severance is a fast-growing Weld County town governed entirely by Colorado state landlord-tenant law. Here is what every renter in Severance needs to know about their rights.
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Updated May 2026
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Key Takeaways
- No rent control. Colorado state law (C.R.S. § 38-12-301) previously prohibited local rent control; the ban was lifted in 2021 but no Severance ordinance has been enacted.
- Must be returned within 30 days (or 60 days if the 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).
- After 12 months of tenancy, landlords must have just cause to terminate or not renew — including nonpayment, substantial lease violation, or qualifying no-fault reasons — under Colorado HB23-1171 (C.R.S. § 13-40-107.5).
- Colorado Legal Services, Weld County Legal Services, Colorado Poverty Law Project
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1. Overview: Tenant Rights in Severance
Severance is a rapidly growing town in Weld County, Colorado, with a population of roughly 10,800 residents as of 2023. Although the town's housing stock is predominantly owner-occupied — only about 8% of residents rent — those renters are still entitled to important protections under Colorado state law.
Renters in Severance most commonly ask whether the town has local rent control or just-cause eviction rules, how quickly their security deposit must be returned, and what steps a landlord must follow before evicting them. All of these questions are answered by Colorado state statutes rather than any Severance-specific ordinance.
This article summarizes the key Colorado tenant-rights protections that apply in Severance. It is intended for general informational purposes only and does not constitute legal advice. Renters facing specific legal issues should consult a licensed Colorado attorney or contact a local legal aid organization.
2. Does Severance Have Rent Control?
Severance has no rent control ordinance. Colorado state law (C.R.S. § 38-12-301) prohibited local governments from enacting rent control until 2021, when Senate Bill 21-173 lifted that preemption. However, no city or town in Colorado — including Severance — has enacted a rent control or rent stabilization ordinance since then.
As a result, landlords in Severance may increase rent by any amount, at any time, subject only to the notice requirements in the lease agreement or applicable state law. Tenants should review their lease carefully for any notice provisions regarding rent increases.
3. Colorado State Tenant Protections That Apply in Severance
Colorado law provides the following core protections for renters in Severance:
- Warranty of Habitability (C.R.S. § 38-12-501): Landlords must maintain rental units in a habitable condition, including adequate heating, plumbing, weatherproofing, and compliance with applicable building codes. If a landlord fails to remedy a serious habitability violation after written notice, tenants may be entitled to a rent reduction or may terminate the tenancy.
- Anti-Retaliation (C.R.S. § 38-12-509): Landlords may not retaliate against tenants who report code violations, request repairs, join a tenant organization, or otherwise exercise legal rights. A legal presumption of retaliation applies if adverse action is taken within 90 days of the tenant's protected activity.
- Notice to Terminate (C.R.S. § 13-40-107): For month-to-month tenancies, a landlord must provide at least 91 days written notice before terminating the tenancy.
- Just Cause for Eviction (C.R.S. § 13-40-107.5, HB23-1171): Once a tenant has resided in a unit for 12 months or more, the landlord must have just cause to evict or not renew. Acceptable grounds include nonpayment of rent, substantial lease violations (with a 10-day cure period), demolition, substantial renovation, or withdrawal from the rental market. No-fault evictions require the landlord to pay relocation assistance equal to two months' rent (three months if vulnerable individuals reside in the unit).
- Prohibition on Self-Help Eviction: Landlords may not lock out a tenant, remove their belongings, or shut off utilities to force them to leave. Self-help eviction is illegal in Colorado and may give the tenant a claim for damages.
4. Security Deposit Rules in Severance
Colorado law (C.R.S. § 38-12-102 and § 38-12-103) governs security deposits for rentals in Severance. Key rules include:
- Return Deadline: The landlord must return the security deposit — along with an itemized written statement of any deductions — within 30 days of the tenant vacating. If the lease specifically allows it, the deadline may be extended to 60 days.
- Allowable Deductions: Landlords may deduct for unpaid rent, damage beyond normal wear and tear, and any other costs expressly permitted by the lease.
- Penalty for Wrongful Withholding: If a landlord wrongfully withholds all or part of a security deposit, the tenant is entitled to treble (triple) damages plus reasonable attorney fees under C.R.S. § 38-12-103.
- No Statutory Cap: Colorado state law does not set a maximum dollar amount for security deposits (some sources indicate a one-month cap for unfurnished units may apply under local ordinances, but Severance has none). Review your lease for the specific deposit amount.
5. Eviction Process and Your Rights in Severance
To evict a tenant in Severance, a landlord must follow Colorado's statutory process. Self-help eviction — including lockouts, utility shutoffs, or removing a tenant's belongings — is strictly prohibited.
Notice Requirements
- Nonpayment of Rent: A landlord must provide written notice and allow the tenant a reasonable period to pay before filing for eviction.
- Lease Violation: The landlord must provide written notice specifying the violation. Under C.R.S. § 13-40-104 as amended by HB23-1171, the tenant has 10 days to cure a substantial lease violation before eviction proceedings may begin.
- Month-to-Month Termination: At least 91 days written notice is required under C.R.S. § 13-40-107.
Just Cause Requirement (C.R.S. § 13-40-107.5)
After a tenant has lived in a unit for 12 months or more, the landlord must have just cause to evict or not renew. Permissible just-cause grounds include: nonpayment of rent, substantial lease violations, criminal activity, demolition or substantial renovation of the unit, or withdrawal from the rental market. No-fault evictions under the last three grounds require the landlord to pay relocation assistance of two months' rent (or three months if vulnerable individuals live in the unit).
Court Process
If the tenant does not comply with the notice, the landlord must file an eviction (forcible entry and detainer) action in Weld County court. The landlord must obtain a court judgment before removing the tenant. Only a court officer may physically remove a tenant.
6. Resources for Severance Tenants
This article is for general informational purposes only and does not constitute legal advice. Laws and local ordinances may change; always verify current requirements with a licensed Colorado attorney or the relevant government agency before taking action. The information on this page does not create an attorney-client relationship.
Frequently Asked Questions
Does Severance have rent control?
No. Severance has no rent control ordinance. Colorado state law (C.R.S. § 38-12-301) prohibited local rent control until 2021, when SB 21-173 lifted the ban, but no Colorado municipality — including Severance — has enacted rent control since then. Landlords may raise rent by any amount.
How much can my landlord raise my rent in Severance?
There is no limit on rent increases in Severance or anywhere in Colorado. Because the state has no rent stabilization law and Severance has no local ordinance, a landlord may increase rent by any amount. Review your lease for any notice requirements that may apply before an increase takes effect.
How long does my landlord have to return my security deposit in Severance?
Your landlord must return your security deposit — along with an itemized written statement of deductions — within 30 days of you vacating the unit (C.R.S. § 38-12-103). If your lease specifically authorizes it, this deadline may be extended to 60 days. Wrongful withholding can entitle you to treble damages plus attorney fees.
What notice does my landlord need before evicting me in Severance?
The required notice depends on the reason for eviction. Month-to-month tenants must receive at least 91 days written notice to terminate the tenancy (C.R.S. § 13-40-107). For lease violations, the landlord must give written notice and allow 10 days to cure the violation before filing for eviction (HB23-1171 / C.R.S. § 13-40-107.5). After 12 months of tenancy, the landlord must also have just cause to evict.
Can my landlord lock me out or shut off utilities in Severance?
No. Self-help eviction — including changing locks, removing your belongings, or cutting off utilities to force you to leave — is illegal in Colorado. A landlord must go through the court eviction process and obtain a judgment before you can be removed. If your landlord uses self-help tactics, you may have a claim for damages.
What can I do if my landlord refuses to make repairs in Severance?
Colorado's Warranty of Habitability Act (C.R.S. § 38-12-501) requires landlords to maintain rental units in habitable condition. If your landlord fails to make required repairs after receiving written notice, you may be entitled to a rent reduction or to terminate the tenancy. Colorado also prohibits landlord retaliation (C.R.S. § 38-12-509) against tenants who report code violations or request repairs. Contact Colorado Legal Services or Weld County Legal Services for assistance.
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