What Is a Colorado Lease Agreement?
A Colorado lease agreement is a legally binding document between a landlord and their tenant. It outlines the terms for renting property, protecting all parties involved. Key details in this contract include a property description, security deposit amount, and rent payments.
This contract ensures the landlord provides a habitable place to live. It also protects the landlord in case the tenant damages property or doesn’t pay rent.
Colorado Landlord-Tenant Laws Overview
A Colorado residential lease agreement must follow certain laws to be valid and enforceable. If one provision breaches state regulations, it will be null. Review the key Colorado landlord-tenant laws below so you can create an enforceable agreement.
| Topic | Rule | Law |
|---|---|---|
| Security deposit storage | Must be held in a separate trust account (only for deposits from mobile home park residents) | CO Rev. Stat. § 38-12-207(3) |
| Security deposit return | Within one month of lease termination or surrender | CO Rev. Stat. § 38-12-103 |
| Late fees | Up to $50 or 5% of unpaid rent, whichever is greater | CO Rev Stat § 38-12-105 |
| Deducting repair costs | Tenants may deduct rent for landlord-caused uninhabitable conditions | CO Rev Stat § 38-12-507 |
| Landlord entry | No notice is required | n/a |
Colorado Lease Agreements – By Type
Whether you want to enter a standard Colorado residential lease agreement or a different lease contract, you should choose the right template. We offer various Colorado lease agreement types so you can find the one that works for your situation.
Colorado Standard Lease Agreement
Enables tenants to occupy residential property in exchange for monthly rent.
Colorado Month-to-Month Rental Agreement
Automatically renews each month, providing flexibility for both parties.
Colorado Commercial Lease Agreement
Establishes the terms and conditions between a landlord and a business tenant.
Colorado Room Rental Agreement
Enables a principal tenant to rent a specific room within a residential property to a subtenant.
Colorado Sublease Agreement
Allows a tenant (sublessor) to rent part or all of their leased property to a third party (subtenant).
Colorado Rent-to-Own Lease Agreement
Provides tenants with an exclusive option to purchase the property at a predetermined price.
Security Deposit Rules in Colorado
In Colorado, there is no maximum limit on security deposits, allowing landlords to charge any amount they choose. They also don’t have to pay interest on security deposits to tenants. As far as storage goes, security deposits don’t have to be held in a separate bank account. The only exception is for security deposits from mobile home park residents, which must be held in a separate trust account (CO Rev. Stat. § 38-12-207(3)).
Landlords in Colorado must return a tenant’s security deposit within one month after the lease ends, unless the lease specifies a longer period. However, even with this type of agreement, the return cannot take longer than 60 days (CO Rev. Stat. § 38-12-103).
Rent Payment Regulations in Colorado
Rent is due on the date specified in your lease, usually on the first of the month. Colorado has no rent control, so landlords can freely increase rent without notice. However, under state law, landlords may only increase rent once in any 12-month period.
Landlords may charge a late fee of $50 or 5% of unpaid rent, whichever is greater, as outlined in the lease (CO Rev Stat § 38-12-105). A seven-day grace period applies before late fees can be assessed.
Landlords must maintain habitable rental properties. If landlords fail to address uninhabitable conditions after tenant notification (10 days), tenants may deduct repair costs from rent (CO Rev Stat § 38-12-507).
No Tenant Discrimination Based on Income Source
When searching for tenants, landlords cannot discriminate against their income source (HB20-1332).
Landlord Entry Regulations in Colorado
Landlords in Colorado do not have to inform tenants before entering the property, but a 24 to 48-hour notice is recommended. A landlord can enter the property for legitimate reasons like repairs, inspections, or showings. Any entry into the property must not interfere with the tenant’s right to quiet enjoyment.
Colorado Landlord and Tenant Property Maintenance Responsibilities
Landlords must ensure that residential properties are fit for human habitation before tenants move in. Once the tenant starts living there, they must maintain the premises and ensure it is fit for occupation (CO Rev Stat § 38-12-503).
Tenants must follow their duties as outlined in the lease. They must also keep the premises reasonably clean and safe, including complying with applicable health and building codes (CO Rev Stat § 38-12-504).
What If the Tenant Abandons the Property?
A rental property is deemed abandoned if the tenant returns keys, provides notice, removes belongings, or is absent without paying rent (CO Rev. Stat. § 38-12-510(1)). Landlords may reclaim abandoned property without legal proceedings.
Required Lease Disclosures in Colorado
Colorado imposes distinct disclosure requirements when entering a lease:
- Radon disclosure. Landlords must inform their tenants if the property has been exposed to dangerous radon levels (CO Rev. Stat. § 38-12-803).
- Carbon monoxide alarm compliance. For housing units that include fuel-fired appliances (CO Rev. Stat. § 38-45-104).
- Lease details. All tenants must receive a copy of the lease within seven days of its execution. Plus, the landlord’s name and address must be written in the lease (CO Rev Stat § 38-12-801).
- Bed bugs. If the tenant asks, the landlord must reveal if the dwelling has had any bed bug infestations in the last eight months (CO Rev Stat § 38-12-1005).
- Warranty of habitability. Every lease must contain a list of the tenant’s right to a habitable dwelling (CO Rev Stat § 38-12-505).
Plus, per federal law, landlords must distribute a lead-based paint disclosure for rental properties built before 1978 (Title 42 US Code § 4852(d)).
Terminating a Lease in Colorado
The landlord or tenant can end a month-to-month Colorado lease with a 21-day notice if the lease has lasted more than one month but less than six months (CO Rev Stat § 13-40-107). If the lease lasts between six months and one year, the landlord must give a 28-day notice. For a lease longer than a year, a 91-day notice must be given.
Personal belongings left in a rental unit for 30 days without contact from the tenant are considered abandoned. Landlords must provide tenants with a 15-day written notice before disposing of abandoned belongings (CO Rev Stat § 38-20-116(1)).
Colorado Lease Agreement Sample
View our free Colorado residential lease agreement sample to see the key terms you’ll want to include before renting out a property. Then, create your own using our guided form and download it in PDF or Word format.
