Pet Policy Clause
in Your Lease
What it actually means, what Colorado law says, what's specific to Denver — and exactly what to do. In plain English. In Denver, this pet fee costs pet deposits typically $200–$500 (refundable), pet fees $200–$500 (non-refundable), plus pet rent of $25–$100/month in many buildings. This guide explains exactly what's normal, what's not, and what you can do about it.
⚡ Quick Summary — What You Need to Know
- Colorado law does not cap pet deposits, but Denver landlords commonly charge a non-refundable pet fee or a refundable pet deposit in addition to monthly pet rent, and all such charges must be clearly itemized in the lease agreement.
- Under Colorado law, landlords in Denver are permitted to have a no-pets policy and can legally deny tenants the right to keep pets, so renters should confirm pet permissions in writing before signing and never assume verbal agreements are enforceable.
- Emotional support animals (ESAs) and service animals are not considered pets under the Fair Housing Act and Colorado's anti-discrimination laws, meaning Denver landlords must make reasonable accommodations for them regardless of a no-pet clause, and cannot charge pet fees specifically for these animals.
- Colorado's security deposit law (C.R.S. 38-12-103) requires landlords to return deposits within one month after the lease ends, or up to 60 days if the lease specifies, and any deductions for pet-related damage must be documented with an itemized written statement.
- Denver renters should carefully review pet clauses for breed or weight restrictions, the maximum number of allowed pets, and tenant liability for pet-caused damage, as violating these terms can be considered a material breach of lease and may result in eviction proceedings under Colorado law.
What Is a Pet Policy Clause?
What Is a Pet Policy Clause?
A pet policy clause is a section of your lease agreement that outlines the rules your landlord sets around keeping animals in your rental unit. This clause tells you whether pets are allowed at all, which types or breeds are permitted, how many animals you can have, and what fees or deposits you may be required to pay. In Denver, you will find pet policies vary widely from one rental property to the next, so reading this section carefully before you sign is essential.
Pet policy clauses typically cover a few key areas. First, they address permission, meaning whether any pets are allowed and under what conditions. Second, they often require a pet deposit, a non-refundable pet fee, or added monthly pet rent on top of your base rent. Under Colorado law, landlords are permitted to charge these fees separately from your standard security deposit, and they can set their own limits on the amounts. Third, the clause may list specific rules about where pets can go on the property, noise expectations, and who is financially responsible if your pet causes damage.
One important thing Denver renters should know is that emotional support animals and service animals are treated differently than regular pets under the law. Under the Fair Housing Act and Colorado state law, landlords are generally required to make reasonable accommodations for residents with disabilities who need an assistance animal, even in buildings with a no-pet policy. A landlord cannot legally charge you a pet deposit or pet fee for a verified service animal or emotional support animal. If you have an assistance animal, you should provide your landlord with appropriate documentation from a licensed healthcare provider and put any accommodation request in writing to protect yourself.
💡 Plain English Version
Your pet policy clause is basically your landlord's rulebook for animals in your home. It tells you if pets are allowed, what you will pay extra for having one, and what happens if your pet causes damage. If you have a service animal or emotional support animal, different rules apply and your landlord generally cannot charge you extra fees or turn you away just because of a no-pet policy.
Colorado Law on Pet Policy Clause
Colorado Law and Pet Policies
Colorado does not have a statewide law that limits what landlords can charge for pet deposits or pet fees, which means Denver landlords have broad authority to set their own pet-related terms. However, pet deposits are governed under Colorado's general security deposit law found in Colorado Revised Statutes Section 38-12-102 through 38-12-104. Under this statute, landlords must return any refundable deposit, including a refundable pet deposit, within one month after you move out unless your lease specifies a longer period, which cannot exceed 60 days. If your landlord wrongfully withholds your pet deposit, you may be entitled to triple the wrongfully withheld amount plus attorney fees under C.R.S. Section 38-12-103(4).
One of the most important protections Colorado law provides involves assistance animals, which includes both service animals and emotional support animals. Under the federal Fair Housing Act and Colorado's own anti-discrimination law found at C.R.S. Section 24-34-502, landlords cannot enforce a no-pet policy against a tenant with a disability who has a verified need for an assistance animal. This applies even in buildings that otherwise prohibit pets entirely. Landlords also cannot charge a pet deposit or pet fee for a legitimate assistance animal. Denver's local fair housing ordinance reinforces these protections at the city level, giving renters an additional avenue to file a complaint if they believe they have been discriminated against.
Colorado also passed the Leases for Persons with Pets Act as part of ongoing legislative efforts to address housing access for pet owners, though the core financial terms of pet policies largely remain a matter of private contract between you and your landlord. This means carefully reading your lease before signing is critical, since pet fees, pet rent, and pet deposit terms can vary significantly from one Denver rental to another. Always ask your landlord in writing whether a pet deposit is refundable or non-refundable, because that distinction affects your rights under C.R.S. Section 38-12-102.
✅ Colorado Protections
Landlords must return refundable pet deposits within one month of move-out under C.R.S. Section 38-12-102. Wrongfully withheld deposits can result in triple damages under C.R.S. Section 38-12-103(4). Assistance animals are exempt from pet policies and pet fees under C.R.S. Section 24-34-502 and the federal Fair Housing Act. Denver's local fair housing ordinance provides an additional layer of protection for renters with assistance animals.
What's Specific to Denver
Denver has a few important local rules that directly affect renters with pets. One of the most significant is Denver's repeal of its pit bull ban. For decades, Denver prohibited pit bulls under its breed-specific legislation, but voters passed Initiative 2J in 2020, removing that ban. This means landlords in Denver can no longer rely on a city-wide prohibition to justify turning away pit bulls, though they can still set their own breed restrictions in the lease. Renters should also know that Colorado does not have statewide rent control, and there is no state law capping how much a landlord can charge for pet deposits or pet rent. Under Colorado Revised Statutes Section 38-12-102, security deposits are regulated broadly, but pet fees often fall into a gray area depending on whether they are structured as a deposit or a non-refundable fee. Denver renters should read their lease carefully to understand whether any pet-related payment is refundable, because non-refundable pet fees work differently than standard security deposits when you move out.
Denver's rental market is competitive, and pet owners often face extra hurdles because landlords know demand is high. Many properties in popular neighborhoods like Capitol Hill, Highlands, and Congress Park enforce strict pet policies, including weight limits, breed restrictions, and monthly pet rent that commonly ranges from $25 to $75 per pet. That said, Denver renters with disabilities have strong protections. Under the federal Fair Housing Act and Colorado's anti-discrimination law found at Colorado Revised Statutes Section 24-34-502, landlords must make reasonable accommodations for tenants with disabilities who require an emotional support animal or service animal. In those cases, a landlord cannot charge pet fees or enforce a no-pet policy, even if it is written into the lease, as long as the tenant provides appropriate documentation. The Denver Office of Housing Stability offers resources for renters who feel they have been unfairly denied housing because of a pet or assistance animal. If you believe a landlord is violating fair housing rules, you can file a complaint with the Colorado Civil Rights Division, which investigates housing discrimination claims at the state level.
Red Flags to Watch Out For
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🚨 Blanket Breed or Weight Bans Without Exceptions
Some Denver leases include strict bans on specific dog breeds or impose low weight limits (e.g., under 25 lbs) with absolutely no exceptions. While landlords can set pet policies, overly rigid restrictions with no appeal process may signal an inflexible landlord who could use minor infractions as grounds for eviction. Watch for vague language like 'aggressive breeds' that could be interpreted broadly against your pet.
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🚨 Unlimited or Uncapped Pet Fee Authority
Be cautious of clauses that allow landlords to charge additional pet-related fees at their sole discretion without specifying a maximum amount. Denver does not cap pet fees by statute, so a clause stating the landlord can charge 'additional fees as deemed necessary' could expose you to unexpected costs throughout your tenancy with little legal recourse.
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🚨 Automatic Lease Termination for Pet Policy Violations
Some pet clauses include language stating that any violation of pet rules constitutes immediate grounds for lease termination without a cure period. Colorado law generally allows tenants a reasonable opportunity to remedy a lease violation, so a clause that skips this step entirely is a red flag and may even be unenforceable, but could still result in costly legal battles.
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🚨 Vague or Undefined Pet Damage Liability Language
Clauses that hold you responsible for all pet-related damages without defining what qualifies as damage versus normal wear and tear are dangerous. If a lease says you are liable for any damage 'determined by the landlord,' you have little protection against subjective or inflated damage claims when you move out, especially since Colorado security deposit law requires landlords to itemize legitimate deductions.
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🚨 Retroactive Pet Policy Changes
Watch for clauses that grant the landlord the right to modify pet policies, fees, or approved pet lists at any time during your tenancy with minimal or no notice. A clause allowing a landlord to suddenly ban your already-approved pet mid-lease or dramatically increase pet rent without your written consent could leave you in an impossible situation, forced to either give up your pet or break your lease.
Your Rights as a Denver Tenant
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✅ Right to Request Reasonable Accommodation for Assistance Animals
Under the Fair Housing Act and Colorado law, tenants with disabilities have the right to request a reasonable accommodation for service animals or emotional support animals, even if the lease includes a strict no-pet policy. Landlords in Denver cannot deny this request without an legally valid reason, and they cannot charge pet deposits or pet fees for assistance animals.
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✅ Right to a Written Pet Policy Before Signing
Colorado tenants have the right to receive clear written documentation of all pet-related rules, fees, and restrictions before signing a lease. This includes pet deposit amounts, monthly pet rent, approved pet types or breeds, and any weight limits. Verbal agreements about pets are difficult to enforce, so always ensure the pet policy is explicitly stated in your written lease agreement.
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✅ Right to Pet Deposit Refund Under Colorado Security Deposit Laws
If you pay a pet deposit in Denver, Colorado law requires landlords to return it within one month after your lease ends, or within 60 days if the lease specifies a longer period. Landlords must provide an itemized written statement of any deductions made for pet-related damages. Withheld funds must reflect actual documented damage beyond normal wear and tear.
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✅ Right to Challenge Unlawful Mid-Lease Pet Policy Changes
Denver tenants have the right to challenge any pet policy changes a landlord attempts to impose in the middle of an active lease term. Once a lease is signed, the landlord cannot unilaterally add new pet restrictions, increase pet fees, or ban a pet that was previously approved without mutual written agreement from the tenant. Any such changes are generally unenforceable until lease renewal.
What To Do — Step by Step
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1
Read the Pet Policy Clause Carefully Before Signing
Before signing your lease, thoroughly read every detail of the pet policy clause, including pet fees, deposits, breed restrictions, weight limits, and rules about the number of pets allowed. Denver landlords can set their own pet policies, so terms vary widely between properties.
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2
Get All Pet Permissions in Writing
If your landlord verbally agrees to allow your pet or makes any exceptions to the written policy, insist that these agreements be added to the lease or provided in a signed written addendum. Verbal promises are difficult to enforce in Colorado courts and offer you little protection in a dispute.
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3
Understand the Difference Between Pet Deposits and Pet Fees in Colorado
Colorado law distinguishes between refundable pet deposits and non-refundable pet fees. Clarify with your landlord in writing which charges are refundable and under what conditions. Refundable pet deposits must be returned within 60 days of your lease ending under Colorado security deposit law, minus any documented damages.
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4
Know Your Rights If You Have an Emotional Support Animal
Under the Fair Housing Act, emotional support animals are not considered pets and Denver landlords must provide reasonable accommodations, even in no-pet properties. Obtain proper documentation from a licensed mental health professional and submit a written reasonable accommodation request to your landlord if applicable.
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5
Document Your Pet's Behavior and Any Property Condition at Move-In
Before moving in, conduct a thorough walkthrough and photograph or video all existing damage to the unit. Keep records of your pet's vaccination history, licenses, and any obedience training certificates. This documentation protects you from being wrongfully charged for pre-existing damage when you move out.
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6
Communicate Proactively and Address Complaints Immediately
If your landlord or neighbors raise concerns about your pet, respond in writing promptly and work toward a solution. In Denver, repeated lease violations related to pet policy can be grounds for eviction. Keeping open, documented communication with your landlord demonstrates good faith and can prevent minor issues from escalating into legal problems.