Real Property in Colorado
Colorado real estate law covers buying and selling homes, how you hold title, renting, common-interest communities, and foreclosure. This hub explains the statewide essentials in plain English — including the race-notice recording rule, why Colorado has no tenancy by the entireties, and the tenant protections that catch people off guard.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Colorado property and landlord–tenant rules change — and some recently did — so confirm the current rule on the official sources in each guide, or talk to a Colorado attorney.
If you’re buying, selling, renting, or owning Colorado real estate, start with these statewide essentials.
Colorado is a race-notice recording state
Colorado real property is conveyed by deed and deeds are recorded with the county clerk and recorder. Colorado is a race-notice recording state (C.R.S. § 38-35-109): to defeat a prior unrecorded interest, a later buyer must take the property without notice of that interest and record first. Recording promptly matters. See the buying and selling guide.
How Coloradans hold title — no tenancy by the entireties
Co-owners hold title as tenants in common (the default) or as joint tenants with right of survivorship, which must be expressly created. Colorado does not recognize tenancy by the entireties — any attempt to create one is treated as a joint tenancy (C.R.S. § 38-31-201). See holding title.
Tenant protections, including the deposit rules
Colorado landlords must return a security deposit (with a written statement of any deductions) generally within one month after the tenancy ends, and missteps can expose a landlord to treble damages. Leases also include an implied warranty of habitability. See landlord–tenant.
Eviction is “FED”
A Colorado eviction is a Forcible Entry and Detainer (FED) court action. Self-help lockouts are illegal — only a sheriff acting on a court order may remove a tenant. See evictions.
The guides
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Guides
- Buying and Selling a Home in Colorado
Colorado real property is conveyed by deed and recorded with the county clerk and recorder. Colorado is a race-notice recording state, so a later buyer who takes without notice of a prior unrecorded interest and records first can win. Standard residential contracts are promulgated by the Colorado Real Estate Commission, most sales use a licensed broker, and a Seller's Property Disclosure is customary.
- Evictions in Colorado (Forcible Entry and Detainer)
Colorado eviction is called Forcible Entry and Detainer (FED). For residential nonpayment of rent, the landlord must serve a written demand for payment or possession — generally a 10-day notice for standard residential tenancies. This area was amended in 2024 and is amendment-prone, so confirm the current rule. Self-help eviction — lockouts or utility shutoffs — is illegal; only a sheriff acting on a court order may remove a tenant.
- Foreclosure in Colorado (Public Trustee)
Colorado uses a public trustee foreclosure system, C.R.S. 38-38-101 and following. A neutral county public trustee administers the notice, publication, and sale process for foreclosures on deeds of trust. This is distinct from purely judicial or purely private foreclosure systems used in other states, and the public trustee's role is to run the process as a neutral official.
- HOAs and CCIOA in Colorado
Colorado common-interest communities — condominiums and HOAs — are governed by the Colorado Common Interest Ownership Act (CCIOA), C.R.S. 38-33.3-101 and following. CCIOA sets out association powers, owner rights, assessments, and governance for these communities, providing the statewide framework that shapes how an HOA or condo association can operate and what owners can expect.
- Holding Title in Colorado
Colorado co-owners hold title as tenants in common (the default) or as joint tenants with right of survivorship. Joint tenancy must be expressly created with words like 'joint tenants' or 'JTWROS' and is available only to natural persons. Importantly, Colorado does not recognize tenancy by the entireties — any attempt to create one is treated as a joint tenancy.
- Colorado Landlord–Tenant Rules: Deposits & Habitability
Colorado landlords must return a security deposit, with a written statement of any deductions, within one month after the tenancy ends — unless the lease sets a longer period not to exceed 60 days. A landlord who misses the deadline forfeits the right to withhold any of the deposit, and willful wrongful retention exposes the landlord to treble damages plus attorney fees. Every residential lease also includes an implied warranty of habitability.
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