🐾 Colorado Pet Agreement Addendum

Colorado Pet Agreement Addendum — Complete Guide

A written pet agreement addendum is one of the most important documents a Colorado landlord can have on file. While Colorado does not mandate a specific pet agreement form, a well-drafted pet addendum protects landlords from pet-related damage claims, establishes clear rules for pet ownership on the property, and documents all associated financial terms — deposits, fees, and pet rent — in one place.

Why a Separate Pet Addendum Matters

Many landlords include a brief pet clause in their main lease, but a standalone pet addendum is strongly preferable for several reasons:

• Complete record of exactly which pets are authorized, with names, breeds, weights, and identifying details
• Clear financial documentation of all pet deposits, non-refundable fees, and monthly pet rent
• Enforceable rules that can be treated as lease violations if broken
• Mid-tenancy flexibility — can be added any time during the tenancy when a new pet is requested
• Move-out clarity — provides a specific framework for pet-related damage assessment
• Evidence if a dispute arises about whether an animal matches the authorized description

Colorado Pet Deposit Rules

Colorado does not set a statutory maximum for pet deposits. However, landlords should be aware of several critical rules:

• Pet deposits are refundable and must be returned within 30 days of move-out (C.R.S. § 38-12-103), with an itemized statement of deductions for any amount withheld
• Non-refundable pet fees must be clearly labeled as non-refundable in the written agreement — a deposit labeled as “non-refundable” without proper documentation may be challenged as an improper forfeiture under Colorado law
• Pet rent is simply additional rent and is not subject to security deposit return requirements
• The combination of security deposit and pet deposit should be reasonable relative to the rental amount and local market norms
• Colorado’s 7-day late fee grace period under C.R.S. § 38-12-105 applies to pet rent the same as regular rent

Service Animals and ESAs — Critical Fair Housing Rules

This is the area where landlords most often run into legal trouble. Under the federal Fair Housing Act (42 U.S.C. § 3604) and Colorado’s Fair Housing Act, service animals and emotional support animals are not pets — they are accommodations for persons with disabilities.

Prohibited Landlord Actions for Service Animals and ESAs

Landlords may not:

• Require a pet deposit or pet fee for a service animal or ESA
• Charge additional monthly pet rent for a service animal or ESA
• Apply breed restrictions or weight limits to service animals or ESAs
• Enforce a no-pets policy against a service animal or ESA
• Deny housing to a person with a disability who has a service animal or ESA
• Require proof of training or certification for service animals
• Ask the nature of the person’s disability

What Landlords Can Do

Landlords are permitted to:

• Request documentation for ESAs (not service animals) — typically a letter from a licensed healthcare provider confirming the disability-related need
• Hold tenants responsible for actual damage caused by the service animal or ESA (same as any tenant damage)
• Require that the animal be under the tenant’s control and not pose a direct threat to other tenants’ health or safety
• Use our ESA Verification Request form to document the accommodation process

Breed Restrictions and Local Ordinances

Colorado landlords may impose breed restrictions on pets (but not on service animals or ESAs). However, be aware that local ordinances can significantly affect what you can and cannot restrict:

• Denver: The city’s long-standing pit bull ban was repealed in 2021 following a voter-approved measure. Pit-bull type dogs are now permitted under a breed-restricted license
• Aurora: Previously had breed-specific legislation; most breed restrictions repealed in 2021
• Other municipalities: Check local ordinances before including breed restrictions — some towns still have restrictions on specific breeds
• Insurance considerations: Many landlord insurance policies exclude certain breeds from coverage — consult your policy before permitting restricted breeds

Document the breed accurately in the addendum. This creates a record if a dispute later arises about whether the animal actually matches the authorized description.

Drafting an Enforceable Pet Addendum

A well-drafted pet addendum should address each of the following areas:

1. Specific Pet Identification

Name, species, breed, approximate weight, age, and distinguishing features. Vague descriptions like “one dog” are hard to enforce — specificity matters if the tenant later tries to substitute a different animal.

2. Financial Terms

Clearly separate refundable deposits from non-refundable fees. State the monthly pet rent amount if applicable and when it’s due. Avoid ambiguity — label every amount as refundable or non-refundable.

3. Behavioral Rules

Vaccination requirements, leash rules, waste cleanup obligations, noise expectations, and damage responsibility. Specific rules are enforceable; vague expectations usually aren’t.

4. Consequences of Violations

State explicitly that unauthorized pets or violation of pet rules is a material breach of the lease, subject to the applicable Colorado notice procedures (typically a cure-or-quit notice). Without this language, enforcement is much harder.

5. Move-Out Requirements

Professional flea treatment proof, final walk-through provisions, carpet cleaning if applicable, and documentation of any pet-caused damage. Setting these expectations up front avoids deposit disputes.

Common Pet Addendum Mistakes

• Mislabeling deposits as non-refundable without clear written disclosure — likely unenforceable in Colorado
• Charging ESA or service animal fees — a Fair Housing Act violation with serious consequences
• Vague pet descriptions that can’t be used to prove an unauthorized substitution
• No consequence language — making violations effectively unenforceable
• Oral pet agreements — nearly impossible to enforce in Colorado courts
• Failing to address mid-tenancy pet additions — creates loopholes tenants can exploit

Enforcement of Pet Rules

If a tenant violates the pet agreement, Colorado landlords generally follow standard Colorado notice procedures:

1. Written notice to cure or quit — typically a 10-day notice for material lease violations
2. Documentation of the violation — photos, witness statements, complaints from neighbors
3. Opportunity to cure if the violation is curable (e.g., removing an unauthorized pet)
4. Formal eviction filing if the tenant fails to cure within the notice period

Related Colorado Landlord Forms

A comprehensive Colorado landlord forms library should include:

• Colorado Residential Lease Agreement — the main lease this addendum attaches to
• Move-In/Move-Out Inspection Checklist — documents property condition
• ESA Verification Request Form — for handling ESA accommodation requests
• Security Deposit Itemized Deductions — for documenting deposit returns
• Maintenance Request Form — for pet-related repair documentation