Landlords Must Accept Portable Rental Applications

Colorado landlords who lease residential units must now accept portable rental applications from prospective renters. This article delves into the specifics of this new rental rule.

State legislators amended the law to include the acceptance of portable tenant screening reports by landlords in an effort to save people money and streamline the process as they search for apartments and rental homes.

Landlords can require the screening report to have been completed within the previous 30 days. And applicants must acknowledge there have been no major changes to their screening report since it was generated, including things like:

• name and address
• bankruptcy status
• criminal background
• eviction history

Landlords must tell prospective renters that they have the option to submit a portable screening report.

“The prospective tenant has the right to provide to the landlord a portable tenant screening report, as defined in section 38-12-902(2.5), Colorado Revised Statutes; and if the prospective tenant provides the landlord with a portable tenant screening report, the landlord is prohibited from: charging the prospective tenant a rental application fee.” C.R.S. 38-12-904(1.5)(a)(IV)(d)

The law also strictly forbids landlords from collecting a fee from applicants who choose to use a portable tenant screening report.
Landlords must notify prospective tenants about these rights through at least one of the following means:

• a notice on the homepage of the landlord’s website
• on the rental application (paper or online)
• directly tell the prospective renter and get a signed receipt of acknowledgment

All written notices must be at least 12-point and bold-faced type.

Under this law, consumer reporting agencies and third-party websites that comply with state and federal consumer reporting use and disclosure laws may not charge landlords to access and use screening reports as part of the rental application process. C.R.S. 38-12-904(1.5)(a)

Exceptions to the Law

Landlords who only take one application fee at a time and refund it if they reject the tenant are not required to use the portable tenant screening.

Talk to a Landlord-Tenant Attorney to be Sure You Know the Law

Colorado rental laws are complex, and misunderstanding or violating them can cost you time and money. Our eviction and landlord attorneys are here to help you avoid being liable for hefty damages. Call 303-688-0944 to begin your case assessment.