Create Your Colorado Residential Lease Agreement
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Colorado Residential Lease Agreement
Introduction
A Colorado lease agreement formalizes an arrangement between a landlord and tenant for renting residential property. After the landlord screens the tenant, a lease should be negotiated and drafted. Once signed, it becomes legally binding between the parties. This comprehensive guide covers all required disclosures, security deposit rules, rent payment terms, and tenant-landlord rights under Colorado law.
Required Disclosures
Colorado law requires landlords to provide several mandatory disclosures to tenants before or at the time of signing a lease agreement. These disclosures protect tenant rights and ensure transparency in the rental relationship.
Lead-Based Paint Disclosure
Under federal law, landlords must provide a lead-based paint disclosure for any housing structure built prior to 1978. [1] This includes providing the EPA pamphlet "Protect Your Family from Lead in Your Home" and disclosing any known information about lead-based paint or lead-based paint hazards in the property.
Copy of Lease Agreement
A copy of the executed lease agreement must be provided to the tenant no later than the seventh day after it has been signed by all parties. [2] This ensures tenants have a complete record of the terms and conditions they agreed to.
Landlord's Name and Address
The lease agreement must include a statement indicating the landlord's name and address. [3] This information is essential for tenants to know who to contact regarding lease matters, maintenance requests, or legal notices.
Radon Disclosure
Landlords must disclose any knowledge of radon concentrations at the property and issue a warning statement about the dangers of radon to prospective tenants. [4] Additionally, landlords must provide the most recent copy of the "Radon in Real Estate & Rental Transactions" brochure. [5] [6] Radon is a naturally occurring radioactive gas that can accumulate in buildings and pose serious health risks.
Bed Bug Disclosure (Conditional)
It is prohibited for a landlord to offer for rent a dwelling with bed bugs. Upon request by a prospective tenant, the landlord must disclose whether the unit contained bed bugs within the previous eight months. [7] If requested, landlords must also disclose the last date (if any) the unit was inspected for and found to be free of bed bugs.
Five or Fewer Single-Family Rental Homes (Conditional)
If the landlord owns five or fewer single-family rental homes, they may include language in the lease agreement to use a 5-day notice to quit instead of the standard 10-day period for certain lease violations. [8] This provision must be explicitly stated in the lease agreement to be enforceable. The lease must provide notice that the ten-day notice period required under Colorado law does not apply to this tenancy.
Warranty of Habitability (effective January 1, 2025)
Every rental agreement entered into on or after January 1, 2025, must contain the following statement in at least twelve-point, bold-faced type: [9]
"EVERY TENANT IS ENTITLED TO SAFE AND HEALTHY HOUSING UNDER COLORADO'S WARRANTY OF HABITABILITY AND LANDLORD IS PROHIBITED BY LAW FROM RETALIATING AGAINST A TENANT IN ANY MANNER FOR REPORTING UNSAFE CONDITIONS IN THE TENANT'S RESIDENTIAL PREMISES, REQUESTING REPAIRS, OR SEEKING TO ENJOY THE TENANT'S RIGHT TO SAFE AND HEALTHY HOUSING."
Additionally, every rental agreement must include a bolded statement in English and Spanish that states: (i) an address where the tenant can mail or personally deliver written notice of an uninhabitable condition, and (ii) an email address or accessible online tenant portal or platform where the tenant can deliver written notice of an uninhabitable condition.
Security Deposits
Colorado law establishes specific limits and requirements for security deposits to protect both landlords and tenants.
Maximum Security Deposit Amount
Effective August 7, 2023, a landlord shall not require a tenant to submit a security deposit in an amount that exceeds two monthly rent payments under the rental agreement. [10] This limit applies to the standard security deposit and does not include the separate pet deposit described below.
Pet Security Deposits
Landlords may charge an additional, refundable security deposit for allowing pets. However, the pet deposit may not exceed $300. [11] This limitation became effective January 1, 2024, as part of House Bill 23-1068. Additionally, landlords may charge monthly pet rent not exceeding $35 per month or 1.5% of the monthly rent, whichever is greater.
Interest on Security Deposits
Colorado state law does not require landlords to pay interest on security deposits. However, certain municipalities may have local ordinances requiring interest payments, so tenants should check local regulations in their specific city or county.
Returning the Security Deposit
Security deposits must be returned within one month (30 days) after the termination of a tenancy if the lease does not specify a return timeline. [12] If the lease does specify a return deadline, it cannot exceed 60 days. The landlord must send payment to the tenant's last known address.
Note: Exception: If the lease was terminated due to a hazardous condition caused by gas equipment, the tenant should receive their security deposit within 72 hours. [13]
Itemized Deductions
When a landlord retains any portion of the security deposit, they must provide the tenant with a written statement listing the exact reasons for retaining any portion of the deposit. This itemized list must include the amount withheld for each specific deduction. Landlords may deduct from the security deposit for unpaid rent, damages beyond normal wear and tear, and other breaches of the lease agreement.
Rent Payment Terms
Grace Period for Late Rent
Colorado law provides tenants with a mandatory seven-day grace period for late rent. [14] No penalties or late fees can be charged until the eighth day after rent is due. However, landlords may issue a Demand for Compliance or Right to Possession Notice the day after rent becomes late.
Maximum Late Fee
Landlords can charge a late fee of $50 or 5% of the amount of past due rent, whichever is greater. [15] [16] However, these fees must be disclosed within the lease agreement to be valid. Landlords cannot charge late fees retroactively if they were not included in the original lease.
Returned Check Fee (NSF)
A landlord may charge up to $20 for a check returned due to insufficient funds (NSF). [17] This fee covers the bank charges and administrative costs associated with processing a bounced check.
Tenant's Right to Withhold Rent for Repairs
Landlords are obligated to ensure that a rental property is fit for human habitation. [18] If a tenant provides written notice of issues that breach the warranty of habitability and the landlord does not respond appropriately within the required timeframe, the tenant can deduct the cost of repairs from rent payments. [19] The tenant must follow proper procedures, including providing adequate notice and allowing reasonable time for the landlord to make repairs before exercising this right.
Landlord's Right to Enter
Colorado law does not establish specific statutory requirements for landlord entry to rental premises. However, best practices and industry standards recommend that landlords provide 24 to 48 hours' written notice prior to a non-emergency entry. While landlords have the right to inspect and maintain their property, tenants are entitled to quiet enjoyment of the premises. Landlords can usually enter without notice in emergency situations such as fire, flood, or gas leak.
Breaking a Lease
Non-Payment of Rent
For residential tenants, landlords must provide a 10-day Demand for Compliance or Right to Possession Notice for unpaid rent before initiating eviction proceedings. [20] This notice gives the tenant 10 days to either pay the overdue rent or vacate the property. If the tenant pays within the 10-day period, the lease continues. Commercial tenants receive only a 3-day notice.
Non-Compliance With Lease Terms
A 10-day notice must be given to a residential tenant who commits a lease violation that can be remedied (such as unauthorized pets, excessive noise, or other correctable violations). [21] The tenant has 10 days to cure the violation or vacate the premises. For commercial tenants, a 3-day notice is required.
Lockouts Prohibited
Colorado law strictly prohibits landlords from restricting access to a rental property (lockouts) unless the landlord obtains a court order through the formal eviction process. [22] Self-help evictions, including changing locks, removing doors, shutting off utilities, or removing tenant belongings, are illegal. Landlords who engage in unlawful lockouts may face significant legal penalties.
Tenant Leaving Before Lease End Date
If a tenant leaves the property before the lease term ends without a valid legal justification (such as military deployment or uninhabitable conditions), they generally must continue paying rent until the lease expires or the unit is re-rented to a new tenant. While Colorado law does not explicitly require landlords to make reasonable efforts to re-rent the property (mitigate damages), doing so is considered a best practice and may be required by the lease agreement.
Lease Termination
Month-To-Month Tenancy Termination
Note: Either the landlord or tenant can terminate a month-to-month lease by providing 21 days' written notice. [23] This notice must be delivered before the next rent payment is due. For example, if rent is due on the first of each month, notice must be given by the 10th of the month to terminate the tenancy by the end of that month.
Property Abandonment
A rental property is considered abandoned if, before the completion of the lease term, the tenant returns the keys, provides notice of abandonment, removes their belongings, or is absent for an extended period without paying rent. [24] Landlords can reclaim abandoned property in Colorado without going to court.
Unclaimed Personal Property
Personal property left behind by a former tenant is presumed abandoned after 30 days. [25] However, at least 15 days before disposing of or selling the items, the landlord must attempt to notify the former tenant. [26] The landlord must send written notice to the tenant's last known address and any forwarding address provided. If the property includes a motor vehicle, additional notification requirements apply.
Tenant's Responsibility for Utilities
While Colorado law does not specifically require tenants to maintain essential utilities, tenants must use the premises, including electrical and other essential facilities, in a reasonably clean and safe manner. [27] Failure to maintain utilities that results in property damage or unsafe conditions may constitute a lease violation.
Resources and Citations
- 42 U.S. Code § 4852d - Disclosure of Information Concerning Lead Upon Transfer of Residential Property
- C.R.S. § 38-12-801(1) - Copy of Lease to Tenant
- C.R.S. § 38-12-801(2) - Landlord's Name and Address Disclosure
- C.R.S. § 38-12-803 - Radon Disclosure
- Colorado Dept. of Public Health & Environment - Radon and Real Estate
- C.R.S. § 38-12-803(2)(a)(III) - Radon Brochure Requirement
- C.R.S. § 38-12-1005 - Bed Bugs - Renting of Dwelling Units with Bed Bugs Prohibited
- C.R.S. § 13-40-104(5)(b) - Unlawful Detention Defined - Exempt Residential Agreement
- C.R.S. § 38-12-505(3)(c) - Warranty of Habitability Disclosure (Effective January 1, 2025)
- C.R.S. § 38-12-102.5 - Security Deposits - Maximum Amount
- C.R.S. § 38-12-106(1) - Security Deposits - Limitation on Pet Security Deposit and Rent
- C.R.S. § 38-12-103(1) - Return of Security Deposit
- C.R.S. § 38-12-104(3) - Gas Equipment Hazard - Security Deposit Return
- C.R.S. § 38-12-105(a) - Grace Period for Late Rent
- C.R.S. § 38-12-105(b) - Maximum Late Fee Amount
- C.R.S. § 38-12-105(1)(c) - Late Fee Disclosure Requirement
- C.R.S. § 13-21-109(1)(b)(I) - Returned Check Fee
- C.R.S. § 38-12-503 - Warranty of Habitability - Landlord Obligations
- C.R.S. § 38-12-507(1)(e)(I) - Tenant Remedies - Withholding Rent for Repairs
- C.R.S. § 13-40-104(1)(d) - Demand for Compliance - Non-Payment of Rent
- C.R.S. § 13-40-104(1)(e) - Demand for Compliance - Lease Violations
- C.R.S. § 38-12-510(1) - Exclusion or Forcible Entry by Landlord Prohibited
- C.R.S. § 13-40-107(1)(c) - Termination of Tenancy - Notice Requirements
- C.R.S. § 38-12-510(1) - Abandonment of Premises
- C.R.S. § 38-20-116(1) - Personal Property - Presumption of Abandonment
- C.R.S. § 38-20-116(2) - Notice to Former Tenant
- C.R.S. § 38-12-501(1) - Tenant's Obligations - Use of Premises
Disclaimer
This document provides general information about Colorado residential lease agreements and landlord-tenant law. It is not a substitute for legal advice from a licensed attorney. Laws change frequently, and individual circumstances vary. Landlords and tenants should consult with a qualified Colorado attorney for advice specific to their situation. This document was generated on November 4, 2025 and reflects the law as of that date. Always verify current legal requirements with official state sources or legal counsel.