Boulder Property Owner's Comprehensive Rental Guide
Property Owner's Guide

Boulder Comprehensive
Rental Guide

Everything Boulder property owners need to navigate the city's rental licensing, occupancy rules, ADU regulations, short-term and festival lodging programs, zoning districts, and federal tax strategies — updated through April 2026.

Long-Term Rentals Short-Term Rentals ADUs & HB24-1152 Festival / Sundance HB24-1007 Occupancy IRS §280A(g) SmartRegs March 2025 Updates
Disclaimer: This guide is for informational purposes only and reflects regulations as of April 2026. Laws change frequently. Always verify current requirements with the City of Boulder and consult a licensed attorney or tax professional before making decisions.
🏔

Introduction

Boulder is one of Colorado's most desirable — and regulated — rental markets. With the University of Colorado drawing tens of thousands of students, a thriving tech sector, and world-class outdoor recreation, demand for rental housing remains consistently high. At the same time, the city has long maintained a comprehensive licensing and inspection framework that requires landlords to stay actively informed.

Recent years have brought significant change: Colorado's HB24-1007 ended family-based occupancy limits, HB24-1152 revolutionized ADU development rights, the March 2025 city council vote formally abolished unrelated-person caps, parking minimums were eliminated in August 2025, and the Sundance Film Festival's 2027 relocation to Boulder has created an entirely new short-term rental category.

This guide covers every licensing category, the current regulatory landscape, bedroom and space standards, parking requirements, IRS tax strategies, and step-by-step compliance checklists — all in one place.

📈

Rental Market & Current Rates

$1,660
Studio / mo
Avg. 2025–2026
$1,841
1-Bedroom / mo
Avg. 2025–2026
$2,434
2-Bedroom / mo
Avg. 2025–2026
$3,294
3-Bedroom / mo
Avg. 2025–2026
Boulder's median rent is approximately 37% above the national average. Rental prices have remained relatively stable, with a modest ~1–2% decrease year-over-year as of early 2026. Roughly 52–53% of Boulder households are renter-occupied.

Rates by Neighborhood

Neighborhood 1-BR Range Notes
Twenty Ninth Street / Transit Village $2,800–$4,439 Most expensive corridors
North Boulder / Mapleton Hill $2,460–$2,800 Historic homes, high demand
East Boulder / Gunbarrel $2,164–$2,855 Newer complexes, transit access
Arapahoe Ridge / Cherryvale $2,200–$2,429 Mid-range, residential feel
Goss-Grove / Downtown adjacent $2,100–$3,183 High walkability premium
University Hill $1,600–$1,800 Student-heavy, high turnover
Whittier / Martin Acres $1,550–$2,190 Most affordable neighborhoods
Williams Village / South Street $1,500–$1,800 Near CU, budget-friendly

Sources: Rentometer, Zumper, Apartments.com (2025–2026 data). Rates are averages; actual rents vary by unit condition, amenities, and lease terms.

🗺

Boulder Zoning Districts

Boulder's Land Use Code divides the city into zoning districts that determine what types of rental uses are permitted. As of 2024–2025 code revisions, many former use restrictions have been eased, and ADUs are now permitted by right in all single-family zones.

Zone Type Long-Term Rental Short-Term Rental ADU Allowed
RL-1, RL-2 Low-density residential ✔ (licensed) ✔ (owner-occ.) ✔ by right
RMX-1, RMX-2 Residential mixed ✔ (owner-occ.) ✔ by right
RH-1, RH-2, RH-5 High-density residential ✔ (owner-occ.) ✔ by right
MU-1 to MU-4 Mixed use ✔ (owner-occ.) Varies
BT, BMS, BC Business/commercial Conditional Conditional Case-by-case
Industrial Light/heavy industrial Generally prohibited Generally prohibited N/A
To find your specific zoning district, use the City of Boulder Map of Zoning Districts at bouldercolorado.gov and enter your property address. Zoning overlays, flood plains, and historic district designations may impose additional requirements.
📋

Long-Term Rental Licensing

🚫
Required before you advertise. A valid rental license must be obtained before a property can be offered, advertised, or rented. Operating an unlicensed rental property will result in legal action. Licenses do not transfer between owners — a new license is required at every change of ownership.

Standard long-term rentals are defined as rentals of 30 days or more at a time. All long-term rental properties in Boulder must have a valid rental license under the Boulder Revised Code (B.R.C. 1981) and the city's Property Maintenance Code.

Step-by-Step: Getting a Long-Term License

  • 1
    Verify your zoning
    Confirm your property is in a district where long-term rentals are permitted. Use Boulder's online zoning map.
  • 2
    Schedule a rental inspection
    All new and renewal long-term licenses require an inspection by a city-licensed private inspector. Schedule directly with an approved inspector from the City of Boulder's certified list. The city does not set inspection fees — negotiate directly with the inspector.
  • 3
    Pass SmartRegs (energy efficiency)
    All long-term rental properties must meet Boulder's SmartRegs energy efficiency standard before a license is issued. Homes permitted after July 2001 are automatically compliant. See the SmartRegs section below for full details.
  • 4
    Submit the license application
    Apply through the City's Customer Self-Service (CSS) portal at bouldercolorado.gov. Include signed inspection forms and SmartRegs compliance documentation. The application fee is currently $70 per building (note: fees are periodically updated).
  • 5
    Post required occupancy sign
    After licensing, post the required occupancy sign on the inside of the main entrance. The sign must be at least 8.5" × 11" with text at least 3/8" tall, stating the maximum permissible occupancy for the unit.
  • 6
    Renew every four years
    Long-term rental licenses are issued for a four-year term. Renewal requires a new inspection and fee payment. Violations can reduce the license term to 12 months (land use violations) or 24 months (housing code violations).

Exemptions to the License Requirement

A rental license is not required when:

  • The owner lives on the property and rents to a relative
  • The owner is temporarily living outside Boulder County (temporary exemption available)
  • The property qualifies under other specific exemptions per Boulder Revised Code

Note: These exemptions do NOT apply to short-term rentals. Submit a Rental License Exemption Affidavit – Owner/Relative Occupied form if claiming an exemption.

Out-of-County Owner Requirements

Property owners who do not reside in Boulder County are required to designate a local agent who:

  • Provides a local contact for the property
  • Can respond to the property within 60 minutes
  • Must be reported to the city (and updated as agents change) via a Change of Information form

Required Landlord Disclosures

Before allowing any tenant to occupy a rental property, landlords must make written disclosures including: maximum occupancy, tenant right to eviction legal representation (per Boulder ordinance), and rental assistance program information. Disclosures must be re-provided when the right to legal representation attaches.

Permanently Affordable Housing Units

Properties in Boulder's Regional Affordable Homeownership Program (BVCP) have strict rental restrictions: short-term rentals are never permitted, whole-home rentals are limited to one year out of every seven, and owner occupancy (defined as residing in the home 10 months per calendar year) is required. Contact homeownership@bouldercolorado.gov for case-specific guidance.

🏡

Short-Term Rental Licensing

Short-term rentals (STRs) are properties rented for 29 days or fewer at a time. In Boulder, STRs are strictly regulated: the property must be the owner's principal residence, and non-owner-occupied properties are not eligible for a standard short-term rental license.

✔ Allowed

  • Owner-occupied principal residence (>6 months/year)
  • Natural persons, trusts, non-profits as owners
  • At least 50% ownership by applicant
  • Switching between LTR and STR license (with application)
  • Whole-home rental during owner absence

✗ Not Allowed

  • LLCs, corporations, or limited partnerships as license holders
  • Non-owner-occupied properties
  • Permanently affordable units (per city ordinance)
  • ADUs (unless both ADU and STR license pre-date Jan. 3, 2019)
  • Advertising without a valid license number in the listing

Key Requirements

Requirement

Principal Residence Proof

A valid Colorado driver's license or ID card listing the rental property's address is required. The owner must reside at the property for more than half the year (definition of "principal residence").

Requirement

Two Local Contacts

In addition to the owner, two local contacts who can respond to the property within 60 minutes are required. Contact information must be kept current with the city.

Requirement

All Advertisements Must Include

  • The Rental Housing License (RHL) number issued by the city
  • The maximum allowed unrelated occupancy for the property

Fees & License Terms

Fee Type Amount Notes
STR Application / Renewal $190 Every 4 years
Business License $25 Submitted with STR application
Annual Affidavit Fee Varies Due each anniversary year (not due on renewal year)
License Term 4 years Automatically invalid if property is sold or affidavit not filed

Taxes on Short-Term Rentals

All STR income is subject to Boulder's accommodations tax. File quarterly returns through the Boulder Online Tax System (salestax@bouldercolorado.gov). Annual sales and use tax filing is also required.

No SmartRegs inspection required for STRs (other than detached accessory units). The owner self-certifies that the home has functioning smoke detectors, carbon monoxide detectors, and other required safety equipment.
🎬

Festival Lodging Rental License New 2025–2026

🎥
Sundance Film Festival — Boulder, Jan. 21–31, 2027. The festival is expected to draw approximately 90,000 attendees. With only ~2,900 hotel rooms in Boulder, the city has created a new Festival Lodging License to expand accommodations. As of April 2026, Sundance is the only approved Special Festival Event under this license. CU Graduation, football games, BolderBoulder, and Boulder Creek Festival are explicitly excluded.

Timeline of This License

Ordinance 8715
October 9, 2025

City Council approves original Festival Lodging Rental License — for property owners only.

Ordinance 8743
April 2, 2026

Expanded to allow tenants (renters) to sublease with landlord written permission. Applications open May 4, 2026.

Who Is Eligible?

Applicant Type Eligibility Fee License Term
Property Owner (any ownership type) Yes — including non-primary residents, long-term and short-term license holders, second homes, ADUs, corporate rentals $190 4 years
Tenant (Renter) Yes — with written permission from property owner. Applies to tenants in properties with Long-Term Rental Licenses $75 1 year

Key Rules for the Festival Lodging License

  • Rental period is limited to 29 days or fewer during city-approved Special Festival Events (currently only Sundance 2027 — approximately Jan. 14–Feb. 3, 2027)
  • Property may hold both a long-term rental license and a festival lodging license simultaneously — no need to revoke your LTR license
  • Vacant units with an existing LTR license are eligible
  • Occupancy must comply with existing occupancy standards (IPMC bedroom/space rules)
  • Owner must sign a safety affidavit
  • Cannot be used for CU Graduation, sports events, BolderBoulder, or other city events
  • Tenants must have landlord's written permission to participate

For Landlords: Tenant Subleasing During Sundance

Important

Revenue-Sharing Arrangements

Landlords and tenants may negotiate financial arrangements including revenue splits, rent offsets, or other structures. These should be formalized in the lease agreement or a written addendum. The ordinance does not mandate a specific sharing formula — it is contractual between the parties.

HOA Properties: Many HOAs are allowing festival rentals with majority homeowner approval. Contact Jill Grano (Governor Polis's Sundance housing director) at 303-945-0601 or jill.grano@state.co.us for assistance navigating HOA approvals. State legislation is being developed to ease HOA approval thresholds for special events.

Pricing Guidance

Some Boulder homes are listed on Airbnb for well over $100,000 for the 11-day festival. However, most Sundance attendees are drive-in visitors from around Colorado who are price-sensitive. The city advises competitive pricing to maximize bookings and keep visitors staying in Boulder rather than outlying communities. Visit Boulder has vetted property management partners to help owners handle listing and guest services.

🏘

Accessory Dwelling Units (ADUs) Updated 2025

Major Changes Effective March 8, 2025: Boulder City Council voted to eliminate the owner-occupancy requirement for ADUs, eliminating off-street parking requirements for ADUs, and streamlining approval. Combined with Colorado's HB24-1152 (effective June 30, 2025), Boulder is now one of Colorado's most ADU-friendly cities.

What Is an ADU?

An Accessory Dwelling Unit is a self-contained secondary living space on the same lot as a primary single-family home. It must have its own entrance, kitchen, and living space. ADUs can be:

Type A — Detached ADU

A standalone unit, often in the backyard or above a garage. Can be rented separately from the main home. Requires fire separation, independent HVAC, and utility connections.

Type B — Attached ADU

Located within or connected to the primary home, such as a basement apartment or converted addition. Must have independent access. Subject to building and fire codes.

HB24-1152: Colorado's ADU Law (Effective June 30, 2025)

State Law

What HB24-1152 Requires

  • All "Subject Jurisdictions" (including Boulder) must allow one ADU per single-family lot by right — no rezoning, variance, or neighborhood hearings needed
  • Administrative approval process only — no public hearings, no neighbor veto if setback and height requirements are met
  • Cities may not require additional off-street parking for ADUs (except in limited cases where no parking currently exists on the lot)
  • Cities may not require owner-occupancy as a condition of a long-term ADU rental license
  • HOAs in Subject Jurisdictions cannot categorically ban ADUs — only enforce reasonable aesthetic standards (matching siding, roof pitch, etc.)
  • PUD restrictions on ADUs that predate the law are void (per Boulder ordinance effective March 8, 2023)

Boulder's ADU Standards (As of 2025)

Standard Detached ADU Attached ADU
Maximum Size 800 sq ft (market-rate); 1,000 sq ft (affordable ADU program) 50% of primary structure's floor area or 1,000 sq ft, whichever is less
Maximum Height 20 ft (25 ft with roof pitch ≥ 8:12) 35 ft (must comply with primary structure height)
Setbacks 10 ft from property lines (varies by zone) Per zone district standards
Outdoor Space Min. 60 sq ft (balcony, patio, or porch) Not separately required
Parking Required No (eliminated March 2025 / HB24-1152) No
Owner-Occupancy Required No (eliminated March 8, 2025) No
Permit Process Building permit + administrative review Building permit
SmartRegs Compliance Required if detached and separately licensed Check with city

ADU Rental Income Potential

$1,600–$2,100
1-BR ADU / mo
Long-term rental
$2,000–$2,800
2-BR ADU / mo
Long-term rental

Important ADU Restrictions That Remain

  • ADUs cannot be sold separately from the primary home — must remain on the same lot
  • Short-term rentals from an ADU are prohibited unless both the STR license and ADU were legally established before January 3, 2019
  • Permanently affordable homes are not eligible for ADUs
  • Both the primary home and the ADU may be separately rented long-term under the new rules (no owner-occupancy required)

ADU Construction Costs (Boulder Estimates)

Garage conversion: $80,000–$180,000 | New detached build: $160,000–$320,000 | Prefab/modular: $120,000–$270,000. Impact fees and utility connection costs still apply and vary significantly by location — in some communities these fees alone can exceed $60,000 for water/sewer connections.

👥

Occupancy Rules & HB24-1007 Updated March 2025

HB24-1007: Colorado HOME Act (Effective July 1, 2024)

State Law HB24-1007

Prohibition on Familial Relationship Occupancy Limits

Colorado's HB24-1007 (C.R.S. § 29-20-111) prohibits local governments from limiting the number of people who may live together in a single dwelling based on the occupants' familial relationship to each other. This means Boulder — and all Colorado municipalities — cannot enforce occupancy rules that distinguish between related and unrelated persons.

  • What cities can still do: Enforce occupancy limits based on demonstrated health and safety standards — International Building Code, International Property Maintenance Code, fire codes, or Colorado DPHE wastewater/water quality standards
  • What cities cannot do: Limit occupancy based on family status (e.g., "no more than 3 unrelated persons")

Boulder's March 2025 City Council Action

March 6, 2025 — Unanimously approved (effective April 2025): Boulder City Council voted to repeal all occupancy limits based on unrelated persons, eliminating decades of family-based zoning restrictions. The ordinance also removed all references to "family" from housing code terminology. "Single-family homes" are now called "detached dwelling units" and "multi-family" is now "multi-unit dwellings."

Prior history: Boulder previously limited occupancy to 3 unrelated persons (pre-2023), then raised that to 5 unrelated persons in August 2023, before fully repealing relationship-based limits in March 2025 under the state mandate.

What Occupancy Rules Now Apply

Occupancy in Boulder rental properties is now governed entirely by the International Property Maintenance Code (IPMC), which sets minimum health-and-safety-based space standards. There is no longer a cap on the number of unrelated persons — only the physical space limits apply.

For Landlords: Writing Compliant Lease Language

  • Use relationship-neutral occupancy language: "Maximum 4 adults" is acceptable. "Maximum 4 unrelated persons" is not (it may face legal challenge under HB24-1007)
  • You may still limit occupancy based on the number of bedrooms and square footage (IPMC standards)
  • You may still require all adults to submit applications, pass background/credit checks, and meet income criteria — the key is applying criteria uniformly
  • Do not reference familial relationship status as a basis for acceptance or rejection
📐

Bedroom Size & Space Requirements

Now that family-based occupancy limits are removed, the IPMC's physical space standards are the primary mechanism for determining how many people can legally occupy a rental unit. These rules apply to all rental properties — whether for a single renter or a house full of roommates.

70 sq ft
Minimum bedroom size
Single occupant
50 sq ft
Per person in shared bedroom
For multi-occupant rooms
Example for a house with many roommates: A 4-bedroom home has 4 rooms. If each room is 70+ sq ft, the minimum occupancy per room is 1 person. If a room is shared by 2 people, each of those 2 people needs at least 50 sq ft of bedroom space. A 100 sq ft bedroom can legally hold 2 people. A 200 sq ft bedroom could hold 4 people. The property's bathroom access, egress windows, and HVAC capacity must also be considered.

Full IPMC Space Requirements Summary

Requirement Standard Notes
Minimum bedroom size 70 sq ft Applies to any room used as a sleeping space
Per-person space in shared bedroom 50 sq ft / person Additional occupants each require 50 sq ft
Emergency escape / egress Required in all sleeping rooms Bedrooms built before 1976 must meet code-conforming emergency escape openings per Boulder County STR rules
Water closet accessibility Every bedroom must access a water closet and lavatory without passing through another bedroom Critical for multi-roommate configurations
Water closet access same story Preferred on same story as bedroom See IPMC Section V
Heating Habitable rooms must be heated to at least 68°F Landlord responsibility
Ceiling height Minimum 7 ft for habitable rooms Basement rooms must meet egress and height standards to be a legal bedroom
Landlords should have any contested "bedroom" inspected for code compliance before advertising or renting it as a sleeping space. An unpermitted basement room that lacks egress windows and proper ceiling height is not a legal bedroom, regardless of how it is furnished or marketed.

Bathroom Requirements for Large Households

The IPMC does not specify a maximum occupants-per-bathroom ratio for rental housing per se, but the bathroom access rule is critical: every bedroom must connect to a water closet and lavatory without passing through another bedroom. As households grow larger, ensure your floor plan does not create situations where one bedroom is a required passageway to a bathroom serving another bedroom.

🅿

Parking Rules for Rental Properties Updated Aug. 2025

Effective August 23, 2025 (Ordinance 8696): Boulder eliminated minimum off-street parking requirements for all properties and land uses. Developers and property owners now determine how many parking spaces to provide based on context and market demand — even zero is permitted.

What Changed

Issue Before After Aug. 23, 2025
Minimum off-street parking Required (1–1.25 spaces/unit depending on bedroom count and zone) No minimum — property owner decides
ADU parking One off-street space required (waived for affordable ADUs) No parking required (per HB24-1152 and city ordinance, March 2025)
Garage conversions Restricted if it eliminated required parking Now possible in more cases — check dimensional standards
Multifamily near transit Minimums applied No minimums (HB24-1304, eff. June 30, 2025)

What Did Not Change

  • If parking IS provided, it must still meet dimensional and design standards (drive lanes, landscape islands, screening, etc.)
  • Neighborhood Parking Permit (NPP) zones: owners/occupants of short-term rental properties are NOT eligible for NPP resident permits
  • Tenants in NPP zones may be eligible for resident permits — but not for STR use

Neighborhood Parking Permit (NPP) Program Changes — Jan. 1, 2026

Effective Jan. 1, 2026

Updated NPP Program Rules

  • Residential permits reduced from 2 to 1 per licensed driver
  • New "Day Passes": 25 free digital passes per household per year (each valid for one day)
  • New "Flex Permits": 2 available per household per year, transferable for additional vehicles or caregivers/contractors
  • Commuter permits: $40.50/month (limited basis, zone-specific)
  • Short-term rental property owners and occupants remain ineligible for NPP permits

Practical Guidance for Landlords

While off-street parking is no longer required, providing it remains a meaningful amenity that influences rents and tenant demand. Properties in neighborhoods with NPP zones should disclose parking limitations to prospective tenants. Large-household rentals (post-HB24-1007) may generate more vehicles than the neighborhood expects — be prepared for community conversations.

📅

March 2025 City of Boulder Changes

March 2025 represented one of the most active months of regulatory change for Boulder landlords in recent memory. Three major actions occurred:

March 6, 2025

Occupancy Limits Repealed (Ordinance 8651)

City Council unanimously voted to eliminate all occupancy limits based on the number of unrelated persons. The ordinance also removed all references to "family" from housing terminology. Going forward, occupancy is governed exclusively by the IPMC's health-and-safety-based space standards. The ordinance took effect in April 2025.

March 8, 2025

ADU Owner-Occupancy Requirement Eliminated

The city's ADU regulations were updated to remove the owner-occupancy requirement for long-term ADU rentals, in conformance with HB24-1152. As of March 8, 2025, a homeowner is no longer required to live on the property to rent out an ADU. Both the primary home and the ADU can be independently rented.

March 8, 2025

ADU Parking Requirement Eliminated

In tandem with the owner-occupancy removal, ADU parking requirements were also eliminated. Homeowners building new ADUs no longer need to add a dedicated parking space. This change opens up additional garage conversions and backyard builds that would previously have been blocked by the parking requirement.

These March 2025 changes represent major opportunities for Boulder property owners. Landlords who previously could not rent their ADU because they did not live on-site can now do so. Homeowners who couldn't build an ADU due to parking constraints should reassess their options.

SmartRegs Energy Efficiency Compliance

SmartRegs is Boulder's mandatory energy efficiency standard for rental properties, adopted in 2010. All long-term rental properties must comply with SmartRegs before a rental license application can be approved.

Automatic Compliance: Properties with a Certificate of Occupancy issued after July 1, 2001 are automatically SmartRegs compliant. SmartRegs compliance transfers with property ownership — unlike rental licenses, it does not need to be re-verified by a new owner.

Performance Inspection Path

Requires a minimum of 120 points. A blower door test is typically conducted. Points are assigned based on insulation levels, window efficiency, HVAC systems, appliances, and other energy-saving features.

Prescriptive Inspection Path

Requires a minimum of 100 points. Specific improvements (attic insulation, HVAC upgrades, etc.) each earn points. A streamlined path for many properties.

HERS Rating Alternative

Properties with a HERS (Home Energy Rating System) Rating of 120 or less do not need a SmartRegs inspection — submit the rating with your application for automatic compliance.

What SmartRegs Inspects

Insulation levels, appliances, HVAC systems, windows, shared walls/ceilings/floors, lighting, and air leakage (blower door test). Inspectors are private contractors certified by the city. You choose your inspector and negotiate the fee directly — the city is not a party to that contract.

SmartRegs and ADUs

  • Properties with a detached accessory unit are required to pass SmartRegs
  • Properties with an attached accessory unit are not required to pass SmartRegs for the accessory unit
  • Each unit on a duplex requires its own SmartRegs inspection

Cost Range

Some condos and newer homes pass with no upgrades. Older single-family homes (1960s era) with poor insulation, old furnaces, and original windows may require up to $10,000 or more in improvements to achieve compliance.

STRs (short-term rental licenses) do NOT require SmartRegs compliance — the exception is detached owner accessory units rented short-term.

IRS Section 280A(g) — The Augusta Rule

This is a federal tax strategy, not a Boulder-specific rule. Consult a qualified CPA or tax attorney before using this provision. Rules around documentation and fair market value are scrutinized by the IRS.

What Is the Augusta Rule?

IRS Code Section 280A(g), informally known as the "Augusta Rule" or "Masters Rule," allows homeowners to rent their personal residence for 14 days or fewer per year and exclude that rental income entirely from their federal gross income — it is not reported on Form 1040, Schedule E, or anywhere on the personal tax return.

The provision is named for homeowners in Augusta, Georgia, who lobbied Congress in the 1970s to avoid tax consequences when renting their homes during the Masters golf tournament. Congress codified the exception in Section 280A, and it now applies nationwide.

Max Rental Days
14
Days per calendar year
Must be consecutive or spread throughout year
Tax Treatment
$0
Federal income tax owed
On qualifying rental income

Key Rules and Requirements

  • Eligible properties: Primary residence, second home, or vacation home — as long as you use it as a residence for more than 14 days or more than 10% of the total days it is rented at fair market value
  • 14-day limit is cumulative, not consecutive — can be spread throughout the year
  • Rent must be at fair market value for that location and date — inflated pricing draws IRS scrutiny
  • No 1099 is required under current IRS guidance when renting from an individual for 14 days or fewer
  • If you exceed 14 days, all rental income becomes taxable and must be reported
  • You cannot deduct rental expenses (cleaning, maintenance, etc.) when using the 280A(g) exclusion
  • Does not apply to properties classified primarily as rental properties (investment properties, not personal residences)

The Business Owner Strategy

Popular Strategy

Rent Your Home to Your Own Business

Small business owners (LLCs, S-Corps, C-Corps, partnerships) can rent their personal home to their business for legitimate business purposes — board meetings, strategy retreats, planning sessions. The structure works as follows:

  • The business pays rent to the homeowner at fair market rates (what comparable venue rentals would cost)
  • The business deducts the rent as a legitimate business expense
  • The homeowner receives the income tax-free (excluded under §280A(g))
  • Result: a tax-free income shift from the business to the individual

Example: An S-Corp owner holds 4 strategy days at their Boulder home. Comparable venue rental rates are $1,200/day. The business pays $4,800 in rent → the business deducts $4,800 → the owner receives $4,800 tax-free.

Boulder-Specific Applications

The Augusta Rule is particularly relevant for Boulder homeowners in proximity to high-demand events where short-term rental premiums are possible:

  • Sundance Film Festival (Jan. 2027): The 11-day event falls within the 14-day threshold. An owner who uses only the Augusta Rule (not a Festival Lodging License) could rent their home for up to 14 days without reporting the income — but would also not be eligible for rental expenses.
  • CU events, concerts, sports: High-demand periods may allow premium pricing under the 14-day exemption.
  • Business retreats: Boulder's appeal as a retreat destination makes fair-market rates easy to document.
Critical Documentation: The IRS scrutinizes Augusta Rule claims. Keep: (1) written rental agreement or invoice, (2) evidence of business purpose (meeting agendas, attendee lists, minutes), (3) records of payment, (4) documentation supporting fair market rental value (comparable venue quotes). Without documentation, the exclusion can be denied in an audit.
City License Still Required: Even under the Augusta Rule's 14-day tax exemption, if you are renting in Boulder you may still be subject to local licensing requirements. A standard STR license (owner-occupied) or Festival Lodging License may be needed. The federal tax treatment is separate from local compliance obligations.
💡

Landlord Best Practices & Checklist

Annual Landlord Compliance Checklist

  • Verify your rental license is current and not expired (4-year terms)
  • Confirm SmartRegs compliance status (one-time unless you lose your license)
  • File annual STR affidavit by anniversary date (if you hold an STR license)
  • File quarterly accommodations tax returns (if STR)
  • Update local agent information with the city if agent has changed
  • Ensure occupancy sign is posted at main entrance (per Ordinance 8072)
  • Provide required disclosures to all new tenants before occupancy
  • Review lease language to ensure no reference to "unrelated persons" limits (update for HB24-1007 compliance)
  • Inspect smoke detectors and CO detectors (replace batteries or units as needed)
  • Check egress windows in sleeping rooms for code compliance
  • Review neighborhood parking permit eligibility for tenants if in NPP zone

Tenant Screening in the Post-HB24-1007 World

Best Practice

Compliant, Relationship-Neutral Screening

All adults 18+ wishing to occupy the unit should complete a rental application, pay application fees, and meet your standard screening criteria including background check, credit check, and income verification. Each applicant is evaluated individually. Your application language should state: "All occupants age 18 and older must complete a rental application and meet our standard screening criteria." Make this criteria explicit, documented, and applied consistently.

Colorado Security Deposit Changes — Jan. 1, 2026

Colorado HB25-1249 (effective January 1, 2026) introduces new rules around security deposits: clearer definitions of normal wear and tear, limits on carpet and paint charges, expanded documentation requirements, and new inspection rights for tenants. Boulder landlords should review their security deposit policies and lease language to ensure compliance.
📞

Key Contacts & Resources

Resource Contact / URL Notes
Rental Housing Licensing (general) RentalHousingLicensing@bouldercolorado.gov New licenses, renewals, violations
Rental Licensing Violations 303-441-1880 Report unlicensed rentals
Tax & Short-Term Rental Accommodations Tax salestax@bouldercolorado.gov Quarterly returns, business licenses
Affordable Homeownership Program homeownership@bouldercolorado.gov · 303-441-3157 BVCP deed-restricted properties
Community Mediation (tenant disputes) 303-441-4364 Intermediary between landlords & tenants
Sundance Housing Director jill.grano@state.co.us · 303-945-0601 Festival lodging, HOA assistance
Visit Boulder (Festival Lodging Program) bouldercoloradousa.com/sundance-film-festival Property management partners, listing guidance
City Zoning Map bouldercolorado.gov — search "zoning map" Find your zoning district by address
SmartRegs Information bouldercolorado.gov/smartregs-guide Steps to compliance, certified inspectors
ADU Information bouldercolorado.gov/services/accessory-dwelling-units FAQs, ADU guide, building permits
Parking / NPP Program bouldercolorado.gov/services/neighborhood-parking-permits Resident and commuter permits
Customer Self-Service Portal Boulder CSS portal (online) License applications, rental license search

This guide was prepared by Eric Farran for informational purposes. Information reflects regulations and market data as of April 2026. Laws change frequently — always verify with the City of Boulder (bouldercolorado.gov) and consult a licensed attorney and tax professional. © 2026 Lofty Real Estate, Boulder CO.