A residential lease agreement in Denver is a written or oral agreement between a landlord and tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.
Residential Lease Agreement Requirements in Denver
Denver has one residential lease requirement that landlords should include in along with all lease agreements:
Written Notice of Tenant Rights and Resources
Denver landlords must provide tenants with a written copy of Denver Tenant Rights and Resources along with the lease agreement.
Landlord-Tenant Rights and Regulations in Denver
When it comes to landlord-tenant rights, landlords should be aware of the following:
Licensing
In Denver, as of 2024, it is unlawful to rent out any residential property without the appropriate license from the city. This requires a completed application form, payment of a yearly fee, and submission of regular home inspection reports that comply with statutory requirements.
Minimum Standards for Denver Dwelling Units
The Denver Housing Code requires building owners to maintain certain minimum standards for the following:
- Basic equipment and facilities
- Lighting
- Ventilation
- Heating
- Insect and rodent control
- Safety
- Sanitation
- Utilities
- Space, use, and location
Violations may be reported to the Department of Public Health and Environment by calling 311.
Denver Anti-Discrimination Ordinance
Denver’s Anti-Discrimination Ordinance prohibits housing discrimination based on the following factors:
- Race
- Color
- Religion
- National origin
- Ethnicity
- Citizenship
- Immigration status
- Age
- Sexual orientation
- Gender, gender identity, or gender expression
- Marital status
- Military status
- Disability
- Protective hairstyle
- Source of income
Immigrant Tenant Protection Act
Colorado’s Immigrant Tenant Protection Act prohibits landlords from:
- Requesting information regarding a tenant’s immigration or citizenship status (unless the landlord is also the tenant’s employer)
- Disclosing or threatening to disclose information about a tenant’s immigration or citizenship status
- Harassing or intimidating a tenant for exercising their rights
- Attempting to influence a tenant to surrender possession of the rental property because of their immigration or citizenship status
- Refusing to enter into a rental agreement due to the tenant’s immigration or citizenship status
- Attempting to recover possession of the rental unit due to the tenant’s immigration or citizenship status
Optional Lease Agreement Disclosures and Addendums in Denver
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
Medical Marijuana Use Disclosure
Medical marijuana use is legal in Denver—which is why it’s important to disclose if it will be permitted on the property. Colorado law allows landlords to restrict marijuana usage to non-smoking methods only. Clarify if there are designated smoking areas on the premises.
Pet Disclosure
Since Denver is listed as one of the most pet-friendly cities in the U.S., landlords may want to address the building’s pet policies. This disclosure should clarify if pets are allowed on the property, the tenant’s responsibility to cover pet-related damages, and any additional fees or restrictions.
Fire Safety Disclosure
Due to Colorado’s higher wildfire risk, landlords may want to include a fire safety disclosure along with the lease agreement. This should provide information relating to smoke detectors, fire sprinklers, fire safety systems, alarms, and evacuation plans.
Summary of Required Lease Disclosures for the State of Colorado
- 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.
Sources
- 1 Denver Municipal Code Sec. 27-240
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The landlord or agent shall provide written notice of tenants’ rights and resources on a form provided or approved by the city…The landlord or its agent must provide such notice to tenants…at the time of executing a lease.
Source Link - 2 Denver Council Bill No. CB21- 0420
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After January 1, 2024, it shall be unlawful for any person to offer, provide, or operate a residential rental property… without first obtaining a license for that residential rental property as provided in this article…
…residential rental property license applications shall be made…
…the director shall not approve a residential rental property application unless the applicant provides verification of a successful inspection…
The application and license fees required by this Code are set out in the following sections of this article.
Source Link - 3 Denver Municipal Code Sec. 27.20
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It is unlawful for any person to occupy and for any owner or operator of a dwelling or dwelling unit to allow any person to occupy any dwelling or dwelling unit that does not comply with the minimum standards set by the manager for light; ventilation; heating; and insect, rodent, vermin, and pest control.
Source Link - 4 Denver Municipal Code Sec. 28-95
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It is a discriminatory practice to do any of the following acts based upon the race, color, religion, national origin, ethnicity, citizenship, immigration status, gender, age, sexual orientation, gender expression, gender identity, marital status, source of income, military status, protective hairstyle, or disability of any individual…
Source Link - 5 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. - 6 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.
- 7 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. - 8 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.
