Colorado Standard Residential Lease Agreement

A Comprehensive Analysis of Colorado Residential Lease Law

Methodology: General Forms Generator Workflow v3.1

I. Introduction

What Is a Colorado Residential Lease Agreement?

A Colorado standard residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential real estate. The lease defines the rights and obligations of both parties, including rent amount, payment terms, security deposit requirements, maintenance responsibilities, and lease duration. Residential leases in Colorado are typically for a term of one year, though month-to-month and other term lengths are also common.

Colorado-Specific Legal Framework

Unlike commercial leases, Colorado residential leases are heavily regulated by state statute. The primary governing law is found in Title 38, Article 12 of the Colorado Revised Statutes (C.R.S.), which covers security deposits, disclosure requirements, habitability standards, late fees, and tenant remedies. Colorado has enacted significant tenant protections in recent years, including the Warranty of Habitability Act and rental application fairness rules ^[1].

Required Disclosures

Colorado law mandates that landlords provide tenants with specific disclosures before or at the time of lease signing. Failure to provide required disclosures may result in penalties and could affect the enforceability of certain lease provisions.

Signed Copy of Lease Agreement

The landlord must provide the tenant with a copy of the lease agreement signed by both the landlord and tenant no later than seven (7) days after the tenant has signed the agreement. The landlord may provide an electronic copy unless the tenant requests a paper copy ^[2].

Landlord Identification

Every written rental agreement must include the name and address of the landlord or the landlord's authorized agent. If the landlord or authorized agent changes, written or electronic notice must be provided to each tenant within one (1) business day after the change, or the new information must be posted in a conspicuous location on the residential premises ^[2].

Radon Disclosure

Before signing a lease agreement, the landlord must provide the tenant with a written radon disclosure document that includes: (a) whether the property has been tested for elevated radon levels; (b) any known radon test results and concentrations detected; (c) descriptions of any mitigation or remediation performed; and (d) a copy of the most recent radon brochure published by the Colorado Department of Public Health and Environment ^[3].

The lease agreement must contain the following warning statement in bold-faced type:

"The Colorado Department of Public Health and Environment strongly recommends that ALL tenants have an indoor radon test performed before leasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional. Residential real property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. A landlord is required to provide the tenant with any known information on radon test results of the residential real property."

Lead-Based Paint Disclosure (federal Requirement)

For properties built before 1978, federal law (42 U.S.C. 4852d) requires landlords to: (a) disclose any known lead-based paint or lead-based paint hazards; (b) provide the tenant with the EPA pamphlet 'Protect Your Family From Lead in Your Home'; (c) include a specific lead warning statement in the lease; and (d) provide any available records or reports concerning lead-based paint ^[4]. The lessor must retain a copy of the completed disclosure for at least three (3) years from the commencement of the lease.

Bed Bug Disclosure (upon Request)

Upon request from a prospective tenant, the landlord must disclose whether, to the landlord's knowledge, the dwelling unit contained bed bugs within the previous eight (8) months. The landlord must also disclose the last date, if any, on which the unit was inspected and found to be free of bed bugs. A landlord shall not offer for rent any dwelling unit that the landlord knows or reasonably suspects to contain bed bugs ^[5].

Warranty of Habitability Statement (effective January 1, 2025)

Every residential lease agreement entered into on or after January 1, 2025, must contain a statement in at least twelve-point, bold-faced type that states ^[6]:

"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 lease must include a bolded statement in both English and Spanish that provides: (i) an address where the tenant can mail or personally deliver written notice of an uninhabitable condition; and (ii) an e-mail address or accessible online tenant portal where the tenant can deliver written notice of an uninhabitable condition.

Application Fee Disclosure

Before collecting a rental application fee, the landlord must disclose to the prospective tenant what the fee will be used for and how the fee was determined. Any portion of the application fee not used as anticipated must be returned to the applicant within twenty (20) calendar days after processing the application ^[7].

Application Denial Notice

Eviction Notice Period Disclosure

For an "exempt residential agreement" (a lease for a single-family home by a landlord who owns five or fewer single-family rental homes), the landlord may issue a 5-day notice instead of the standard 10-day notice for lease violations or nonpayment of rent. This exemption should be disclosed to tenants ^[8].

Security Deposit Laws

Maximum Security Deposit Amount

Effective August 7, 2023, Colorado law limits the maximum security deposit a landlord may require to an amount equal to two (2) monthly rent payments under the rental agreement ^[9]. This limit applies to all residential leases entered into on or after this date.

Return of Security Deposit

The landlord must return the full security deposit within one (1) month after the termination of the lease or surrender and acceptance of the premises (whichever occurs last), unless the lease agreement specifies a longer period. However, this period may not exceed sixty (60) days ^[10].

Itemized Statement and Deductions

If any portion of the security deposit is retained, the landlord must provide the tenant with a written statement listing the exact reasons for the retention and the specific amounts deducted. No security deposit may be retained to cover normal wear and tear. Failure to provide this statement within the required timeframe results in forfeiture of all rights to withhold any portion of the deposit ^[10].

Penalties for Wrongful Withholding

Willful retention of a security deposit in violation of C.R.S. 38-12-103 renders the landlord liable for treble (three times) the amount wrongfully withheld, together with reasonable attorney fees and court costs. However, the tenant must give the landlord written notice of intent to file legal proceedings at least seven (7) days before filing suit ^[10].

Rent Payment Laws

Grace Period

Maximum Late Fee

When rent is late by seven or more days, the landlord may charge a late fee of no more than fifty dollars ($50) OR five percent (5%) of the past due rent, whichever is greater. A late fee is distinct from rent, and a rental agreement may not classify a late fee as rent for eviction purposes. The landlord must provide written notice of the late fee within 180 days after the date rent was due ^[11].

NSF (bounced Check) Fee

A landlord may charge up to twenty dollars ($20) for a bounced rent check (nonsufficient funds), provided this fee is disclosed in the rental agreement or posted on the premises ^[12].

Eviction for Unpaid Late Fees Prohibited

A landlord cannot remove or exclude a tenant from a dwelling, or initiate eviction proceedings, solely because the tenant fails to pay one or more late fees. Late fees cannot be used as grounds for eviction under C.R.S. 13-40-104 ^[11].

Warranty of Habitability

Landlord's Obligation

Under C.R.S. 38-12-503, every landlord of residential premises is deemed to warrant that the premises are fit for human habitation. This warranty cannot be waived. The landlord must maintain the property in compliance with applicable building, housing, and health codes and ensure the dwelling has essential features including working plumbing, heating, electrical systems, waterproofing, and is free from conditions that materially interfere with life, health, or safety ^[6].

Tenant's Remedies for Breach

Under C.R.S. 38-12-507, if a landlord breaches the warranty of habitability, the tenant has several remedies ^[13]:

1. Lease Termination: If the condition remains unremedied after a reasonable time, the tenant may terminate the rental agreement by giving the landlord 10-60 days written notice of intent to terminate and vacate.
2. Repair and Deduct: The tenant may deduct from rent the cost of repairs by a licensed professional, provided the tenant gives at least 10 days advance written notice (48 hours if the condition materially interferes with life, health, or safety) and the landlord fails to remedy the condition.
3. Recovery of Damages: The tenant may seek damages in court for losses caused by the uninhabitable condition.
4. Injunctive Relief: The tenant may seek a court order requiring the landlord to make necessary repairs.

Lease Termination

Fixed-Term Leases

A fixed-term lease (such as a one-year lease) automatically expires on the specified end date. Unless the lease contains an automatic renewal clause, neither party is required to give notice of termination. If the tenant remains in possession after the lease expires and the landlord accepts rent, the tenancy typically converts to a month-to-month arrangement.

Month-To-Month Tenancy

For month-to-month tenancies, either the landlord or tenant must provide at least twenty-one (21) days written notice before the end of the rental period to terminate ^[14]. The day the notice is given does not count toward the 21-day period. For tenants who have been in the residence for one year or more, landlords must provide a minimum of ninety-one (91) days notice before termination.

Eviction Process

Notice Requirements

Before filing an eviction action, the landlord must provide proper notice to the tenant ^[15]:

Nonpayment of Rent: 10-day notice to pay rent or quit (5-day notice for exempt residential agreements where landlord owns 5 or fewer single-family homes)

Lease Violations: 10-day notice to cure or quit (5-day notice for exempt residential agreements)

Substantial Violations: Some violations (such as illegal activity) may warrant a shorter notice period or immediate eviction

Landlord Right to Enter

Colorado does NOT have a specific statute requiring advance notice for general landlord entry. However, landlords must enter for purposes reasonably related to the rental agreement, such as maintenance and inspections. Best practice is to provide 24-48 hours written notice before entry.

Exception - Bed Bug Inspections: If entry is required for bed bug inspection or treatment, the landlord must provide the tenant reasonable written or electronic notice at least forty-eight (48) hours before attempting entry ^[5].

Prohibition on Landlord Retaliation

Under C.R.S. 38-12-509, landlords are prohibited from retaliating against tenants for exercising their legal rights ^[16]. A landlord may not take retaliatory action when a tenant has:

• Made a good faith complaint about conditions that materially interfere with life, health, or safety- Organized or become a member of a tenant association- Exercised any legal right under landlord-tenant statutes

Prohibited retaliatory actions include: terminating or refusing to renew a lease, threatening or bringing eviction proceedings, intimidation, threats, discrimination, or harassment. Tenants may assert landlord retaliation as a defense in eviction proceedings.

Fair Housing Protections

Colorado's fair housing laws are broader than federal protections. Under the Colorado Anti-Discrimination Act, landlords cannot discriminate based on the following protected classes ^[17]:

Federal Protected Classes (7): Race, Color, National Origin, Religion, Sex (including pregnancy), Familial Status, Disability

Additional Colorado Protected Classes (5): Creed, Ancestry, Marital Status, Sexual Orientation (including Gender Identity), Source of Income (effective 1/1/2021), Veteran or Military Status (effective 8/10/2022)

Discrimination complaints may be filed with the Colorado Civil Rights Division (CCRD), which is certified by HUD as a Fair Housing Assistance Program agency.

Upcoming Changes (effective January 1, 2026)

House Bill 25-1249 enacts significant changes to Colorado's security deposit and landlord-tenant laws effective January 1, 2026. Landlords and tenants should review these changes carefully as they may affect existing lease terms and practices. Key areas affected include security deposit rules and radon disclosure requirements (with a new exception for leases of one year or less).

Disclaimer

This document is provided for informational purposes only and does not constitute legal advice. Colorado landlord-tenant laws are subject to change, and local ordinances in cities such as Denver, Boulder, and others may impose additional requirements. Parties to a residential lease should consult with a licensed Colorado attorney for advice specific to their situation. This guide is current as of December 2025.