A Colorado lease agreement is your guideline for a smooth rental experience, whether you are leasing a condo in Denver or a cabin in Golden. The right lease lays out the terms, protects your property, and ensures you stay on the right side of all local and state laws.
Disclosures (7)
Colorado requires landlords to disclose certain information up front, and for good reason. These disclosures help protect both tenant and landlord, ensuring everyone is on the same page.
- Lead paint: Federal law requires landlords to disclose any known information about lead paint and its hazards before the lease of most homes built before 1978.
- Landlord’s information: A Colorado lease agreement must include the landlord’s name and contact information. Further, if this information changes during the lease term, the landlord must inform the tenants of the new information (CRS § 38-12-801).
- Radon gas: Landlords must inform tenants of current information about radon testing and concentrations on the property, and any mitigation efforts and information on any radon mitigation system installed on the property (CRS § 38-12-803).
- Income non-discrimination: If the landlord owns more than five rentals, including single-family homes, they must provide this disclosure explaining that the state prohibits discrimination based on a tenant’s source of income (CRS § 38-12-801).
- Denver Tenant Rights and Resources Handbook: In the City and County of Denver, this handbook must be attached to and given to tenants when they sign the lease.
- Bed bugs: Landlords must disclose any known occurrence of bed bug infestation in the rental within the last 8 months (CRS § 38-12-1005).
- How and where to report an unsafe/uninhabitable condition: Beginning January 1, 2025, a Colorado lease agreement must include a statement on how and where tenants can report unsafe or uninhabitable living conditions (SB24-094).
Optional Disclosures and Addenda
While not legally required, adding these additional disclosures can help strengthen your lease and prevent any misunderstandings down the road.
Asbestos: Informs tenants of any potential risks related to asbestos on the property.
Late/returned check fees: Outlines the policy on late or returned check fees. In Colorado, there is no limit on late fees, and returned check fees are capped at $20.
Medical marijuana use: Explains the policy on medical marijuana use on the property. Some states allow for restrictions on its use, so check local laws.
Mold: Informs tenants of any known or potential mold hazards on the property, as well as steps to take for remediation.
Move-in checklist: Outlines the current state of the rental and is used at check-out to compare the condition and justify any necessary deductions.
Non-refundable fees: Landlords must disclose any non-refundable fees to avoid confusion.
Shared utilities: If tenants share any utility meters, landlords should disclose how they plan to divide the cost among tenants
Smoking: Outlines the smoking policy for the property, including designated smoking areas.
Consequences of Not Including Mandatory Disclosures
If you fail to make any mandatory disclosures, you may face fines, disputes, or legal consequences. It’s better (and safer) to get it right from the start.
Security Deposit Regulations in Colorado
Security deposits aren’t just a safety net for your rental; they also come with their own set of regulations. Understanding these rules can help you avoid costly mistakes and maintain positive relationships.
Maximum amount: As of August 7, 2023, the maximum security deposit that landlords may charge is 2 months’ rent.
Deposit receipt: Colorado landlords are not required to provide a receipt for the security deposit.
Interest payments: While Colorado landlords are required to hold security deposits in a financial institution, there are no laws requiring them to utilize an interest-bearing account or to pay interest to tenants.
Security deposit return: Landlords must return a tenant’s security deposit within one month after the termination of the lease or the tenant vacates the property, whichever is later.
Deductions: A detailed list of deductions, including each charge, an explanation for the deduction, and copies of estimates or receipts, within 30 days of the tenant moving out.
Rent Payment Regulations
Collecting rent when you’re a landlord is rarely a simple process. From late fees to grace periods, Colorado has clear rules that landlords must follow regarding rent payments.
Rent control/stabilization: Colorado banned local rent control ordinances in 1981 with the passage of the Rental Housing Act, preventing cities and counties from enacting policies that limit landlords’ ability to raise rents on private residential and commercial properties.
Late rent fees: Colorado law limits the amount that landlords may charge for late fees. Landlords are allowed to charge up to $50 or 5 percent of the total past-due amount, whichever is greater.
Grace period: Tenants are allowed a 7-day grace period before being charged for late rent (CRS § 38-12-105).
Tenant’s right to withhold rent: Although there are no state laws that specifically allow tenants to withhold rent, Colorado’s implied warranty of habitability means that landlords are prohibited from evicting tenants if they have stopped paying rent due to unsafe or poor living conditions in the unit.
Violations
Even the best tenants can occasionally make mistakes. When this happens, it’s essential to understand the law to help you get back on track.
Lease violation: If a tenant violates the terms of their lease, the landlord should provide a written notice that clearly states the violation, the required action, and the deadline for compliance. In most residential agreements, a landlord can give a 10-day notice to Cure or Quit.
Missed rent payment: After the grace period, Colorado landlords may charge a late fee on missed rent, as outlined above.
Lease abandonment: If a tenant abandons their lease before the end of its term, they are usually still responsible for the rent until the end of the lease term or the landlord re-rents the property, whichever comes first.
Self-help evictions: Self-help evictions are illegal in Colorado.
Terminating a Lease
When it’s time for either party to move on, Colorado law clearly states the requirements for terminating a lease legally. A clean break on favorable terms starts with following these laws.
Standard lease: Typically, tenants can legally end a Colorado lease agreement early under certain circumstances, including active duty military service, the landlord’s breach of contract, or uninhabitable living conditions.
Month-to-month: In a month-to-month lease, either party must give 28 days’ written notice that they plan to terminate the lease. In Colorado, landlords must offer renewals to their tenants, except in certain circumstances.
Property abandonment: If property is left behind, Colorado landlords may consider it abandoned property and dispose of it after a reasonable time. Landlords must make a good-faith effort to contact the tenant to inform them of the property.
Renewing a Lease
If you’re satisfied with your current tenant, renewing a lease can be a straightforward way to save both time and money. Here’s what you need to know.
Notice requirements: The notice period required for landlords to give tenants when not renewing a Colorado lease agreement depends on the length of the lease:
- One year or longer: 90 days’ notice
- 6 to 12 months: 28 days’ notice
- 1 to 6 months: 21 days’ notice
- 1 week to 1 month, or a tenancy at will: 3 days’ notice
Renewals: Colorado landlords are required to renew leases, except in six circumstances, including non-payment of rent, creation of an unsafe environment for other tenants, or failure to follow lease terms.
Landlord’s Access to Property
Colorado law allows landlords to enter their property, but the timing and notice provided are crucial. Following these guidelines helps maintain trust and ensures your property is well-maintained.
Immediate access: While the law doesn’t prohibit landlords from entering their property at any time, it’s a good idea to only enter without notice in the case of an emergency.
Notice requirements: There is no required notice in Colorado for a landlord to enter the premises. However, it’s best practice to give reasonable notice, and most landlords choose to put this into their lease.
Harassment: Repeated entry by a landlord, especially without notice or for trivial reasons, can constitute landlord harassment. In such cases, tenants may terminate their lease early and pursue legal recourse.
