Colorado Tenant Rights
Tenant Rights in Wellington, Colorado
Wellington is a fast-growing statutory town in Larimer County, Colorado. Renters here are protected entirely by Colorado state law — there are no additional local tenant ordinances beyond what the state provides.
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Updated May 2026
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Key Takeaways
- No rent control. Colorado has no statewide rent control, and Wellington has enacted no local ordinance. Landlords may raise rent by any amount with proper notice.
- Capped at one month's rent (C.R.S. § 38-12-102, as amended by HB25-1249, effective Jan. 1, 2026). Must be returned within 30 days (or up to 60 days if lease specifies). Wrongful withholding entitles tenant to treble damages plus attorney fees.
- Month-to-month tenants must receive at least 91 days written notice to terminate (C.R.S. § 13-40-107).
- Just cause is required under Colorado HB24-1098 (C.R.S. § 38-12-1303). Landlords must have a valid reason for eviction or non-renewal and provide written notice at least 90 days before lease end.
- Colorado Legal Services, Colorado Poverty Law Project, Larimer County Housing Resources
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1. Overview: Tenant Rights in Wellington
Wellington, Colorado is a rapidly growing statutory town in Larimer County, situated in the Fort Collins–Loveland metropolitan area, with a population of approximately 12,400 as of 2025. As the town has grown, so has demand for rental housing, making it important for tenants to understand their legal rights.
Renters in Wellington are governed entirely by Colorado state law. Wellington has not enacted any local rent control, just-cause eviction, or additional tenant-protection ordinances beyond what state statutes provide. Colorado's tenant protections have expanded significantly in recent years, including a security deposit cap (HB25-1249), just-cause eviction requirements (HB24-1098), and a robust Warranty of Habitability Act.
This article is for informational purposes only and does not constitute legal advice. Laws change frequently — consult a licensed Colorado attorney or a local legal aid organization for guidance specific to your situation.
2. Does Wellington Have Rent Control?
Wellington has no rent control. Colorado state law historically prohibited local rent control ordinances under C.R.S. § 38-12-301. While Senate Bill 21-173 (2021) lifted that statewide ban and allowed municipalities to enact rent stabilization, Wellington has not adopted any such ordinance. Landlords in Wellington may increase rent by any amount, provided they give adequate written notice as required by the lease or state law.
3. Colorado State Tenant Protections That Apply in Wellington
Colorado provides several important protections for tenants throughout the state, all of which apply in Wellington:
- Security Deposit Cap (HB25-1249, effective Jan. 1, 2026): Security deposits are capped at one month's rent. Tenants have the right to pay the deposit in installments over up to six months. Landlords may not deduct for normal wear and tear, and must return the deposit within 30 days of lease termination (or up to 60 days if the lease specifies). Wrongful withholding entitles tenants to treble damages plus attorney fees (C.R.S. § 38-12-103).
- Warranty of Habitability (C.R.S. § 38-12-501): Landlords must maintain rental units in a habitable condition. For serious violations, tenants may reduce rent proportionally, make repairs and deduct costs, or terminate the lease after proper notice.
- 91-Day Notice to Terminate (C.R.S. § 13-40-107): Month-to-month tenants must receive at least 91 days written notice before the landlord terminates the tenancy.
- Just-Cause Eviction (HB24-1098, C.R.S. § 38-12-1303): Landlords must have a legally recognized cause to evict or decline to renew a lease. At-fault causes include nonpayment of rent, lease violations, and property destruction. No-fault non-renewals (e.g., sale, demolition, owner move-in) require at least 90 days written notice before lease end.
- Anti-Retaliation (C.R.S. § 38-12-509): Landlords are prohibited from retaliating against tenants who exercise their legal rights or report housing code violations. Retaliatory acts include rent increases, eviction threats, and reduced services.
- Self-Help Eviction Prohibition: Landlords may not lock out tenants, remove doors or windows, or shut off utilities to force a tenant out. Any eviction must go through the court process.
4. Security Deposit Rules in Wellington
As of January 1, 2026, Colorado law (C.R.S. § 38-12-102, as amended by HB25-1249) caps security deposits at one month's rent. Prior to this change, landlords could charge up to two months' rent. Key rules include:
- Return deadline: The landlord must return the deposit within 30 days after the lease ends or the tenant surrenders the unit. If the lease contains a written provision allowing longer, that period may extend to a maximum of 60 days.
- Itemized statement required: Any deductions must be accompanied by a written itemized statement explaining each charge.
- No deductions for normal wear and tear: HB25-1249 expanded the statutory definition of normal wear and tear, further limiting what landlords can deduct.
- Installment payments: Tenants have the right to pay the security deposit in equal installments over up to six months.
- Penalties for wrongful withholding: If the landlord wrongfully withholds the deposit, the tenant may sue and recover up to three times the wrongfully withheld amount, plus attorney fees and court costs (C.R.S. § 38-12-103).
5. Eviction Process and Your Rights in Wellington
In Wellington, landlords must follow Colorado's formal eviction process and may not resort to self-help measures such as lockouts, utility shutoffs, or removal of belongings. Key steps and requirements include:
- Just cause required (C.R.S. § 38-12-1303): Under HB24-1098, signed April 19, 2024, landlords must have a legally recognized reason to evict or decline to renew a lease. At-fault causes include nonpayment of rent, material lease violations, damage to property, and interference with other tenants' quiet enjoyment. No-fault non-renewals are permitted only for reasons such as sale, demolition, substantial renovation, conversion to short-term rental, or owner/family move-in.
- Written notice: Landlords must provide written notice before filing for eviction. Common notice periods are: 3 days for nonpayment or serious lease violation; 10 days for curable lease violations; 91 days for month-to-month terminations (C.R.S. § 13-40-107); and at least 90 days before lease end for no-fault non-renewals.
- Court process: If the tenant does not comply with the notice, the landlord must file an eviction (unlawful detainer) complaint in Larimer County Court. The tenant has the right to appear and contest the eviction at a hearing.
- Writ of restitution: Only after obtaining a court judgment may the landlord obtain a writ of restitution to have law enforcement remove the tenant. A landlord who bypasses this process and engages in self-help eviction may face civil liability.
6. Resources for Wellington Tenants
This article is for general informational purposes only and does not constitute legal advice. Tenant-landlord laws can change; always verify current statutes and local ordinances independently. If you have a specific legal question or dispute, consult a licensed Colorado attorney or contact a legal aid organization in your area.
Frequently Asked Questions
Does Wellington have rent control?
No, Wellington does not have rent control. Colorado's statewide ban on local rent control was lifted by SB 21-173 in 2021, but Wellington has not enacted any rent stabilization ordinance. Landlords may charge and increase rent by any amount, subject to the notice terms in the lease.
How much can my landlord raise my rent in Wellington?
There is no cap on rent increases in Wellington or anywhere in Colorado. A landlord may raise rent by any amount, but must give proper written notice — typically the amount specified in your lease or at least 21 days for a month-to-month tenancy. If you receive a notice to vacate instead, Colorado law requires at least 91 days for month-to-month tenants under C.R.S. § 13-40-107.
How long does my landlord have to return my security deposit in Wellington?
Your landlord must return your security deposit within 30 days after you vacate and surrender the unit. If your written lease allows a longer period, it may extend up to 60 days. If the landlord wrongfully withholds any portion without an itemized explanation, you may sue for up to three times the withheld amount plus attorney fees under C.R.S. § 38-12-103. As of January 1, 2026, deposits are also capped at one month's rent (HB25-1249).
What notice does my landlord need before evicting me in Wellington?
Notice requirements depend on the reason for eviction. For nonpayment of rent, landlords must give a 3-day demand notice; for curable lease violations, typically 10 days. Month-to-month tenants must receive at least 91 days written notice to terminate under C.R.S. § 13-40-107. Under Colorado's just-cause eviction law (HB24-1098, C.R.S. § 38-12-1303), landlords must also state a legally recognized reason and, for no-fault non-renewals, give at least 90 days notice before the lease end date.
Can my landlord lock me out or shut off utilities in Wellington?
No. Self-help evictions — including lockouts, utility shutoffs, and removal of your belongings — are illegal in Colorado. Your landlord must file an eviction lawsuit in Larimer County Court and obtain a court judgment and writ of restitution before law enforcement can remove you. A landlord who uses self-help tactics may face civil liability.
What can I do if my landlord refuses to make repairs in Wellington?
Colorado's Warranty of Habitability Act (C.R.S. § 38-12-501) requires landlords to keep rental units in a livable condition. If your landlord fails to make required repairs after written notice, you may have the right to withhold or reduce rent proportionally, make emergency repairs and deduct reasonable costs, or terminate the lease. Contact Colorado Legal Services (coloradolegalservices.org) or the Colorado Poverty Law Project for guidance before taking any of these steps.
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