A Colorado month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a Colorado Month-to-Month Rental Agreement
In Colorado, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under Colorado landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Colorado
Colorado landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address (required for all leases) – All residential leases in the state of Colorado must contain the name and address of the landlord or authorized agent, to enable smooth communication of legal notice. When contact information changes, the landlord must provide updated information within one business day.
- Radon Gas Disclosure (required for all leases) – Colorado law requires that all residential lease agreements include a radon gas disclosure. This must include a a formal statement about the dangers of radon gas, plus current information about radon testing and concentrations on the property. The disclosure is not valid unless signed by the tenant.
- Income Non-Discrimination Disclosure (required for most leases) – Colorado requires a rental agreement, by default, to contain a statement that the state prohibits discrimination based on source of income as long as ability to pay rent is verified. Small-scale landlords operating five or fewer total rental units are exempt from this disclosure requirement.
- Lead-Based Paint Disclosure (required for some leases) – For any property built before 1978, federal law requires that a Colorado residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
Required Notice To End a Month-to-Month Rental in Colorado
Colorado allows termination of a month-to-month lease with at least 21 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Required Notice To Raise the Rent on a Colorado Month-to-Month Lease
Colorado requires that notice for a rental increase be delivered in writing, at least 60 days in advance.
Eviction in Colorado Month-to-Month Rentals
Colorado tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Colorado typically take two to four weeks.
For more information on the eviction process in Colorado, click here.
Sources
- 1 Colo. Rev. Stat. § 38-12-801(2)
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A written rental agreement must include a statement indicating to the tenant the name and address of the person who is the landlord or the landlord’s authorized agent. If the identity of a landlord or a landlord’s authorized agent changes, the new landlord or authorized agent, not later than one business day after such change, shall:
(a) Provide each tenant of the landlord written or electronic notice of the change; or (b) Post the identity of the new landlord or new authorized agent in a conspicuous location on the residential premises. - 2 Colo. Rev. Stat. § 38-12-803(2)(a)(i)
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Before signing a lease agreement for residential real property, the landlord shall disclose and provide in writing to the tenant the following information in a document that the tenant signs to acknowledge receipt of the disclosure:
(I) A warning statement in bold-faced type that is clearly legible in substantially the same form as is specified as follows: 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.
- 3 Colo. Rev. Stat. § 38-12-803(2)(a)(ii) & (2)(a)(iii)
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Before signing a lease agreement for residential real property, the landlord shall disclose and provide in writing to the tenant the following information in a document that the tenant signs to acknowledge receipt of the disclosure: … Source Link(II) Any knowledge the landlord has of the residential real property’s radon concentrations, including the following information: (A) Whether a radon test or tests have been conducted on the residential real property; (B) The most current records and reports pertaining to radon concentrations within the residential real property; (C) A description of any radon concentrations detected or mitigation or remediation performed; and (D) Information regarding any radon mitigation system, including a system description and documentation, if a radon mitigation system has been installed in the residential real property; and (III) A copy of the most recent brochure published by the department of public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions. - 4 Colo. Rev. Stat. § 38-12-801(2.5)
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(a) A written rental agreement must include a statement that section 24-34-502 (1) prohibits source of income discrimination and requires a non-exempt landlord to accept any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person, including income derived from any lawful profession or occupation and income or rental payments derived from any government or private assistance, grant, or loan program. (b) This subsection (2.5) does not apply to a landlord with five or fewer single-family rental homes and no more than five total rental units including any single-family homes. - 5 Colo. Rev. Stat. § 13-40-107(1)(c)
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(1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows:
… (c) A tenancy of one month or longer but less than six months, twenty-one days; - 6 Colo. Rev. Stat. § 38-12-701
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Notwithstanding any other law, in a residential tenancy in which there is no written agreement between the landlord and tenant, a landlord may increase the rent only upon at least sixty days’ written notice to the tenant.Source Link
