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Denver Rental Market Leads Nation in Pet-Friendly Listings, Raising Landlord Liability Questions

At a Glance

Jurisdiction
Denver, Colorado
Date
2023-01-01
Status
Pending

More than three-quarters of Denver rental listings permitted animals as of January 2023, placing the city among the most permissive rental markets in the country for pet owners and raising a set of intersecting legal questions around landlord liability, breed-specific ordinances, and tenant fee structures. According to Axios Denver, Zillow data showed that more than 75% of Denver rental listings allowed animals as of January 2023, well above the national average of 55% and just 4 percentage points below Austin, Texas, Zillow's top-ranked city [1].

The figures carry direct relevance for landlords, property managers, and tenant advocates operating in Colorado. Denver's high share of permissive listings did not arrive in a regulatory vacuum. In November 2020, Denver voters repealed the city's longstanding ban on pit bulls; Ballot Measure 2J drew more than 65% approval, though the Denver City Council's earlier vote to repeal had been vetoed by Mayor Michael Hancock [2]. The 2020 measure repealed a 30-year ban and requires that owners of dogs with physical traits of American Pit Bull Terriers, American Staffordshire Terriers, or Staffordshire Bull Terriers obtain a breed-restricted permit [3]. That permitting framework, administered by Denver Animal Protection, now runs in parallel with the private lease market, where landlords retain discretion to impose their own breed restrictions on top of municipal requirements.

Those breed restrictions carry significant legal weight. Under federal fair housing law, landlords may set breed and size limits for pets, though those limits cannot lawfully apply to service animals or emotional support animals. Pit bull owners in Denver are limited to two animals per household and must provide the dog's address, an accurate photograph, two emergency contacts, and pay an annual $30 fee; if no violations occur over three consecutive years, owners may register the dog under the standard licensing process [3]. A landlord who denies housing based on a tenant's possession of a permitted pit bull, but not on a legitimate breed restriction written into the lease, could face fair housing exposure.

The financial layer of Denver's pet-rental market adds a separate line of potential dispute. Axios Denver reported that landlords often add fees and additional monthly rent for tenants with pets, which can disproportionately affect lower-income households; one-time pet fees in Denver start around $250, and at Red Peak, a company that owns more than 50 properties in the area, upfront fees range from $200 to $500, with monthly pet fees of $25 to $40 [1]. Fee disputes of that type are increasingly the subject of state legislative attention. According to Axios Denver, Colorado state Rep. Alex Valdez (D-Denver) introduced legislation that would eliminate pet-related charges to reduce costs for lower-income residents and ease pressure on crowded animal shelters; the bill faced opposition from the Colorado Apartment Association and lacked co-sponsors [1].

The confluence of a permissive rental market, a newly regulated breed class, and contested fee structures creates a consistent source of litigation risk for property owners and managers across Denver. Lease drafters, insurers, and tenant counsel alike should treat Denver's pet-policy environment as an active compliance area. Landlord liability for dog bite incidents on leased premises, the enforceability of pet fee provisions under Colorado law, and the intersection of breed-restricted permits with private lease terms are all matters courts in Colorado's 2nd Judicial District may see with greater frequency as pet-inclusive housing continues to expand.


References

[1] Axios Denver. (2023, March 9). Denver is a top pet-friendly city for renters. https://www.axios.com/local/denver/2023/03/09/denver-pet-friendly-renters

[2] NBC News. (2020, November 6). Denver overturns pit bull ban after more than 30 years. https://www.nbcnews.com/news/animal-news/denver-overturns-pit-bull-ban-after-more-30-years-n1246709

[3] Colorado Sun. (2025, October 6). Are pit bulls legal to own in Denver? https://coloradosun.com/2025/10/06/are-pit-bulls-legal-to-own-in-denver/

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