Does a Colorado landlord have to list fixed screening criteria on the rental application?
Quick answer
No. From January 1, 2027, every Colorado rental application must describe the data you will try to access, give a general description of the factors you weigh (such as credit, rental history, income and criminal background, if applicable) and say whether you use a named screening company. C.R.S. 38-12-904(1.7)(b) says you need not adopt or disclose fixed disqualifying criteria.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Start date | January 1, 2027 (HB26-1196, Section 4); approved June 2, 2026 | HB26-1196, Session Laws 2026 Ch. 326 |
| Data notice | A notice regarding the information and data the landlord will attempt to access when conducting a tenant screening (38-12-904(1.7)(a)(I)) | HB26-1196, Session Laws 2026 Ch. 326 |
| Factors | A general description of the factors considered, including credit history, rental history, income and criminal background, if applicable (38-12-904(1.7)(a)(II)) | HB26-1196, Session Laws 2026 Ch. 326 |
| Screening company | Whether the landlord uses a third-party tenant screening service and, if so, its name (38-12-904(1.7)(a)(III)) | HB26-1196, Session Laws 2026 Ch. 326 |
| No fixed cutoffs required | Nothing in (1.7) requires a landlord to adopt or disclose fixed disqualifying criteria (38-12-904(1.7)(b)) | HB26-1196, Session Laws 2026 Ch. 326 |
| Where | In all rental applications (38-12-904(1.7)(a)) | HB26-1196, Session Laws 2026 Ch. 326 |
| Penalty | The Act states no civil fine for these duties. Other Colorado landlord-tenant law and court rules may still apply depending on the facts | HB26-1196, Session Laws 2026 Ch. 326 |
| Last verified | October 30, 2026 | Astor Ventures |
How detailed does the factor description need to be?
The text asks for "a general description" of the factors and names four examples: credit history, rental history, income and criminal background, if applicable (1.7)(a)(II). It does not define a minimum level of detail.
Do I have to name my screening company?
Yes, if you use one. The application must say whether you use a third-party tenant screening service and, if so, give its name (1.7)(a)(III).
Can I still use a minimum credit score?
Subsection (1.7)(b) only says you are not required to adopt or disclose fixed disqualifying criteria. It does not address whether you may use them; the rest of 38-12-904 and other Colorado law still apply.
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What else do people ask?
When does this start?
January 1, 2027 (HB26-1196, Section 4).
Is there a fine?
The Act states no dollar fine for the notice.
Does it apply to online applications?
The text says "all rental applications" and does not exclude any format.
Is this legal advice?
No. General information only.
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