If you need greater flexibility in your residential lease terms, a Colorado month-to-month lease agreement could be the right choice. A month-to-month rental agreement renews each month automatically until one party provides notice to end it.
Of course, even with this flexibility, Federal and state rules apply. A Colorado month-to-month lease agreement still carries enforceable obligations under state law. Below, we’ll outline everything you need to know to make sure your residential rental agreement goes smoothly.
Disclosures (7)
To keep everyone informed and on the same page, Colorado law requires you to include the following disclosures in your lease template.
- Lead-based paint: Federal law says landlords must share any known information about lead-based paint and its hazards for homes built before 1978, and give tenants the EPA’s lead safety pamphlet.
- Name and address of landlord or authorized agent: All Colorado residential lease templates must include the name and address of the landlord or the property manager. You can also display this information in a prominent location on the property (Colo. Rev. Stat. § 38-12-801).
- Radon gas: Landlords must disclose current information about radon testing and concentrations on the property, and also any mitigation system installed on the property (Colo. Rev. Stat. § 38-12-803).
- Income non-discrimination: If a landlord owns more than five rental units, they must provide a disclosure that explains the state prohibits discrimination based on a tenant’s source of income (Colo. Rev. Stat. § 38-12-801).
- Denver Tenant Rights and Resources Handbook: For residential rentals in the City and County of Denver, the landlord must attach this handbook to their lease agreement and also provide a copy whenever they make a demand for payment.
- Bed bug disclosure: Landlords must disclose any history of bed bug infestations on the premises that occurred within the last 8 months (Colo. Rev. Stat. § 38-12-1005).
- How and where to report an unsafe/uninhabitable condition: Colorado leases must include a statement that informs their tenants how and where they can report unsafe or uninhabitable living conditions. Landlords must display this statement in both English and Spanish (Colo. Rev. Stat. § 38-12-503, as amended by SB24-094 (2024)).
Always check local laws, as some counties or ordinances may have additional requirements.
Optional Disclosures and Addenda
Consider including these optional disclosures in the lease to keep everyone informed and avoid confusion down the road.
Asbestos: Informs tenants of any asbestos in the unit and ways to limit or prevent exposure.
Late/returned check fees: Details the fees for late or returned rent checks. Colorado limits the amount they can charge as a late fee to $50 or 5% of the past due amount (whichever is greater). State law also caps returned check fees at $20.
Medical marijuana use: Outlines the rules regarding the use of medical marijuana in the unit, as some states allow landlords to restrict its use.
Mold: Informs tenants of any mold present inside the unit, as well as treatment and remediation options.
Move-in checklist: Details the condition of the unit at move-in, including any existing damages. Landlords can use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: Lists any non-refundable fees that landlords will charge during the tenancy.
Shared utilities: If any units in the building share a utility meter, the landlord must explain how they split utility charges between tenants.
Smoking: Outlines the smoking policy for the rental, including any designated smoking areas on the property.
Additional Colorado Month-to-Month Lease Laws
In a tenancy at will, both landlords and tenants remain responsible for complying with all state laws. These laws guide everything from how landlords can increase the rent to terminating the lease agreement. Here’s what you need to know in the Centennial State.
Notice to Terminate a Month-to-Month Agreement
Colorado has a shorter required notice than most states, giving landlords even more flexibility to change lease terms as needed.
Required notice for tenant: Tenants must give at least 21 days’ written notice before terminating a month-to-month lease (Colo. Rev. Stat. § 13-40-107).
Required notice for the landlord: Landlords must also provide tenants with 21 days’ written notice to terminate a month-to-month agreement (Colo. Rev. Stat. § 13-40-107).
Laws Governing Rent Increases
Month-to-month agreements allow landlords to revisit rent more frequently; however, Colorado law requires landlords to give advance notice.
Colorado law limits how often and how quickly rent can increase. Landlords may raise rent no more than once in any 12 months, and they must give tenants at least 60 days’ written notice before the increase takes effect (Colo. Rev. Stat. § 38-12-702).
Lease Violations and Eviction
If an issue arises, Colorado law outlines the landlord’s response to get back on track and minimize losses.
Missed rent payment: If a tenant misses a rent payment, the landlord may charge the appropriate late fee after the required grace period (Colo. Rev. Stat. § 38-12-105).
Lease violation: For other lease violations, the landlord may issue a 10-day Notice to Cure or Quit in most cases (Colo. Rev. Stat. § 38-12-301).
Lease abandonment: If a tenant breaks their lease early without giving notice, it is considered lease abandonment. In most cases, the tenant is financially responsible for the rent until the end of the lease period.
Self-help evictions: In Colorado, self-help evictions are illegal. Landlords should always follow the legal process to initiate an eviction.
Rent Payment Laws
Rent payment laws in Colorado are strong on notice requirements and tenant protections. Here’s what landlords should know.
Rent control/stabilization: Colorado prohibits rent control at the state level.
Late rent fees: After the required grace period, Colorado law allows landlords to charge $50 or 5% of the past due amount, whichever is greater (Colo. Rev. Stat. § 38-12-105).
Grace period: Colorado law requires a 7-day grace period before late fees can be charged (Colo. Rev. Stat. § 38-12-105(1)(a)).
Tenant’s right to withhold rent: While tenants technically aren’t allowed to withhold rent, Colorado law protects those tenants who stop paying rent once their landlord violates Colorado’s implied warranty of habitability. In other words, a landlord cannot evict a tenant for failing to pay rent due to poor or unsafe living conditions.
Pet rent laws: Colorado landlords may charge an additional pet rent or collect a pet deposit as long as the fee is reasonable and the lease template clearly outlines the charges.
Security Deposits
Colorado law also applies to residential security deposits, from how landlords collect the deposit to where they store the funds.
Maximum amount: Colorado law recently changed, allowing landlords to charge 1 month’s rent as a security deposit (HB25-1249, 75th Gen. Assemb., 1st Reg. Sess. (Colo. 2025)).
Deposit receipt: Landlords are not required to provide their tenant with a receipt for their security deposit.
Interest payments: Landlords are not required to hold the security deposit in an interest-bearing account or pay interest on the deposit to tenants.
Security deposit return: Landlords should return their tenant’s security deposit, minus any deductions, within 30 days of the lease termination. However, the lease template can stipulate that landlords have up to 60 days to return the funds (Colo. Rev. Stat. § 38-12-103).
Deductions: Colorado landlords may withhold deductions from the security deposit to cover unpaid rent or damages beyond normal wear and tear. If landlords make deductions, they must provide an itemized list of the deductions and give it to their tenant when they return the balance of the deposit (Colo. Rev. Stat. § 38-12-103).
Property Access Laws
Colorado law states when and how landlords can access the property, whether for routine maintenance or in an emergency.
Advance notice: No state law specifies the amount of notice landlords must give for routine maintenance or repairs. For this reason, many landlords include a notice clause in their lease template so everyone is on the same page.
Immediate access: Landlords may enter the property immediately and without notice in an emergency, such as a leak, fire, or structural integrity issue.
Harassment: Even though state law does not require landlords to give advance notice before entering the rental, repeated entry without just cause can add up to landlord harassment. Repeated entry could allow a tenant to terminate their lease early.
