Free Colorado Pet Agreement Addendum

Colorado does not let you escape the deposit rules by relabelling a pet charge. C.R.S. § 38-12-102(6) defines a security deposit as any advance or deposit of money, regardless of its denomination, the primary function of which is to secure the performance of a rental agreement for a residential premises. C.R.S. § 38-12-106(1) then provides that an additional deposit demanded as a condition of permitting a tenant’s pet animal to reside at the premises must be refundable to the tenant. A non-refundable pet fee that in substance secures the tenant’s performance is therefore exposed to challenge as a security deposit that was never returned. Charge a refundable pet deposit and account for it at move-out.

C.R.S. § 38-12-106 sets two ceilings. Subsection (1) bars a landlord from demanding or receiving an additional pet security deposit of more than three hundred dollars, and requires that deposit to be refundable. Subsection (2) bars additional pet rent that exceeds thirty-five dollars per month or one and one-half percent per month of the tenant’s monthly rent, whichever amount is greater, so on higher rents the percentage figure controls. Subsection (3) takes the meaning of pet animal from C.R.S. § 35-80-102(10), which covers animals kept as household pets but excludes livestock and animals used for working purposes on a farm or ranch.

Yes. C.R.S. § 38-12-102.5(1) provides that a landlord shall not require a tenant to submit a security deposit in an amount that exceeds the amount of two monthly rent payments under the rental agreement, and a refundable pet deposit is still a security deposit under the definition in C.R.S. § 38-12-102(6). Add the pet deposit to the base deposit and keep the combined total at or below two months’ rent. The 2026 amendment to § 38-12-102.5 added one narrow exception, applying on and after January 1, 2027, for a post-closing occupancy agreement where the landlord purchased the residence from the tenant. Ordinary residential tenancies get no exception.

No Colorado statute prescribes the contents of a pet addendum, so its job is evidentiary. Name each authorized animal specifically, state the refundable pet deposit and any pet rent with amounts and due dates, set the rules on containment, cleanup, noise and permitted areas, allocate responsibility for pet damage, and have both parties sign and date it. Two limits from C.R.S. § 38-12-801(3)(a) reach the whole agreement, including an addendum to it: a one-way fee-shifting clause that awards attorney fees and court costs to only one party is prohibited, and under § 38-12-801(3)(b) any provision included in violation of that subsection is void and unenforceable.

You can charge for genuine pet damage, but only inside the deposit rules. C.R.S. § 38-12-103(1)(b) provides that a landlord has actual cause to retain reasonable amounts only for nonpayment of rent, nonpayment of utility charges, nonpayment of other lawful charges listed in the lease, or necessary repair work for damage or defective conditions that exceed normal wear and tear and did not preexist the tenancy. C.R.S. § 38-12-102(4) defines normal wear and tear broadly, covering deterioration, damage, or uncleanliness arising from the use for which the unit is intended or reasonably and typically used. C.R.S. § 38-12-103(7)(b) voids any lease provision assigning a repair or cleaning fee for normal wear and tear or for a preexisting condition.

Write the revocation right into the addendum, because no Colorado statute supplies one. C.R.S. § 18-9-204.5(2)(b) defines a dangerous dog as one that inflicts bodily or serious bodily injury upon, or causes the death of, a person or domestic animal, or that demonstrates tendencies that would cause a reasonable person to believe it may do so. The same section defines an owner broadly enough to reach a person harboring, keeping, or having control or custody of the animal. Even where an animal is an accommodation, C.R.S. § 24-34-502(1)(a) does not require a dwelling to be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals. Assess the individual animal, not the breed, and document it.

No. An assistance animal is a reasonable accommodation, not a pet, so no pet deposit, pet fee, pet rent, breed restriction or weight limit in this addendum may be applied to one. C.R.S. § 18-13-107.3(5)(a) defines an assistance animal as an animal that qualifies as a reasonable accommodation under the federal Fair Housing Act or section 504 of the federal Rehabilitation Act of 1973. C.R.S. § 24-34-502(1)(a) separately makes it an unfair housing practice to discriminate because of disability in the terms, conditions, or privileges pertaining to housing. Colorado does make intentional misrepresentation of entitlement to an assistance animal a civil infraction under § 18-13-107.3, but only where the person was previously given a written or verbal warning that doing so is illegal.

Be careful here. C.R.S. § 38-12-106(2) permits capped additional pet rent, but C.R.S. § 38-12-801(3)(a)(V) prohibits a written rental agreement from containing a provision that characterizes any amount or fee set forth in the agreement, with the sole exception of the set monthly payment for occupancy of the premises, as rent for which all remedies to collect rent, including eviction, are available. Under § 38-12-801(3)(b) a provision that violates that subsection is void and unenforceable. Treat unpaid pet rent as an other lawful charge listed in the lease, pursue it on that footing, and keep it out of a rent demand.