A Colorado residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.
Colorado Residential Lease Agreement Disclosures
The following disclosures are required for residential lease agreements in Colorado.
| Disclosure | Applicability |
|---|---|
| Landlord’s Name and Address | All Residential Leases |
| Radon Gas | All Residential Leases |
| Income Non-Discrimination | All Landlords with >5 Total Rental Units |
| Lead-Based Paint | All Units Built Prior to 1978 |
Landlord’s Name and Address
Applicable to all Colorado residential leases.
Colorado leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way.
Contact information is most often written in the lease agreement, for maximum convenience. In the event of a change in contact information, the landlord must provide updated information within one business day. This update can be in writing, electronic notice, or posting at a conspicuous location on the premises.
Radon Gas Disclosure
Applicable to all Colorado residential leases.
Colorado leases must include a radon gas disclosure. This must include current information (as relevant) about radon testing and concentrations on the property, plus the following formal statement about the dangers of radon gas, in legible 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.
A radon gas disclosure is not valid unless signed by the tenant.
Income Non-Discrimination Disclosure
Applicable to landlords who operate more than five total rental units, including single-family homes.
Colorado requires most rental agreements to contain a statement that it’s illegal to discriminate based on source of income. The statement must be substantially similar to the following:
Colorado Revised Statutes 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.
A landlord is exempt from this requirement when renting out five or fewer single-family rental homes, with no more than five total rental units including any single-family homes.
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
Colorado residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (including building-wide evaluations, for multi-unit buildings with common areas)
Download: Colorado Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by Colorado law in residential lease agreements, but help with tenant management and landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. In Colorado there are no restrictions on late fees and a $20 cap on returned check fees. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property efforts, plus information about treatments. This helps limit landlord liability. |
| Move-in Checklist | A move-in checklist takes inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable when the lease ends. For Colorado landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Sets terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Lead-based paint hazards are particularly important as a disclosure. Landlords who don’t disclose the potential for lead hazards can face tens of thousands of dollars in fines per violation.
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.
Source Link - 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:
…
(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.
Source Link - 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.
Source Link - 5 Colo. Rev. Stat. § 13-21-109(1)
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Any person who obtains money, merchandise, property, or other thing of value, or who makes any payment of any obligation other than an obligation on a consumer credit transaction as defined in section 5-1-301 by means of making any check, draft, or order for the payment of money upon any bank, depository, person, firm, or corporation that is not paid upon its presentment, is liable to the holder of the check, draft, or order or any assignee for collection for one of the following amounts, at the option of the holder or assignee:
(a) The face amount of the check, draft, or order plus actual damages determined in accordance with the provisions of the “Uniform Commercial Code”, title 4, C.R.S.; or
(b) An amount equal to the face amount of the check, draft, or order and:
(I) The amount of any reasonable posted or contractual charge not exceeding twenty dollars; and
(II) If the check, draft, or order has been assigned for collection to a person licensed as a collection agency pursuant to article 16 of title 5 as costs of collection, twenty percent of the face amount of the check, draft, or order but not less than twenty dollars; or
(c) An amount as provided in subsection (2) of this section.
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