Colorado Residential Lease Agreement

Required Landlord Disclosures (7)

1. Names and addresses of landlord or authorized agent disclosure: Colorado residential leases require landlords to provide their names and addresses. Should the landlord’s contact information change, they must promptly notify tenants in writing or electronically within one business day. Additionally, the landlord may post the updated information in a prominent location on the rental property (CRS § 38-12-801).

2. Radon gas disclosure: All residential leases in Colorado must include a radon gas disclosure. This disclosure must include current information about radon testing and concentrations on the property, as well as any mitigation efforts and information on any radon mitigation system installed on the property (CRS § 38-12-803).

3. Income non-discrimination disclosure: This disclosure applies only to landlords who operate more than five rental units, including single-family homes. It explains that the state prohibits discrimination based on a tenant’s source of income (CRS § 38-12-801).

4. Lead-based paint disclosure: Lead-based paint disclosures are federally required, and property owners must include them in the sale and lease of most homes or apartments built before 1978 (Residential Lead-Based Paint Hazard Reduction Act of 1992).

5. Denver Tenant Rights and Resources Handbook: For premises in the City and County of Denver, this handbook must be attached to and given to tenants when they sign the lease and whenever a demand for payment is made.

6. Bed bug disclosure: The landlord must disclose any known history of bed bug infestations on the premises within the last 8 months (CRS § 38-12-1005).

7. How and where to report an unsafe/uninhabitable condition: Starting January 1, 2025, Colorado leases must include a statement on how and where tenants can report unsafe or uninhabitable living conditions. This statement must be displayed in both English and Spanish (SB24-094).

Security Deposit Regulations

Maximum security deposit amount: As of August 7, 2023, a landlord’s maximum security deposit in Colorado is two months’ rent for residential properties.

Receipt of deposit: Landlords in Colorado are not required to give tenants written notice that they have received their security deposit.

Deduction tracking: Within 30 days of the tenant moving out, landlords must send a list of deductions, along with the remaining deposit balance, to the tenant’s last known address. The list should include:

• Each damage charge
• An explanation for each deduction
• Copies of repair estimates or receipts

Returning a tenant’s security deposit: In Colorado, landlords must return a tenant’s security deposit within one month after the lease ends or the tenant surrenders the property, whichever is later. However, landlords can stipulate in their leases that the security deposit shall be returned within 60 days.

If deductions are necessary, the landlord must provide an itemized statement within the same timeframe.

Landlord’s Access to Property

Advance notice: Colorado law doesn’t specify how much notice landlords need to give before entering a rental property. However, most landlords and tenants agree on notification clauses to avoid issues.

Immediate access: Again, Colorado law doesn’t require landlords to give notice before entering a property. However, to maintain good relationships with tenants, landlords shouldn’t enter a property immediately unless it’s an emergency. Emergencies will vary but could include addressing leaks, structural integrity problems, fires, etc.

Landlord harassment: Failure to provide notice before entering a tenant’s property, especially if it constitutes a pattern of intrusive behavior, could be considered landlord harassment.

Repeated intrusions could allow the tenant to break the lease early and seek legal remedies. While Colorado law doesn’t explicitly define landlord harassment, courts have considered repeated, unwanted intrusions a potential form of harassment.

Rent Payment Laws

Grace period: Colorado law gives tenants a 7-day grace period to pay rent. After these seven days, a landlord can charge late fees.

Late rent fees: In addition to a grace period, Colorado law caps the amount landlords can charge for late fees. Landlords are allowed to charge a maximum of $50 or 5% of the total past-due amount, whichever is greater.

Tenant’s right to withhold rent: Technically, no state law gives tenants the right to withhold rent. However, the law protects tenants from eviction if they stop paying rent when their landlord violates Colorado’s implied warranty of habitability. Essentially, landlords cannot evict tenants if they have stopped paying rent due to broken fixtures, non-functioning appliances, or poor living conditions in their homes.

Breach of Rental Agreement

Missed rent payment: Colorado law allows landlords to charge a late fee if a tenant doesn’t pay rent by the end of their grace period. However, this fee is capped as stated above.

Lease violation: The first step a Colorado landlord can take if a tenant violates the terms of their lease is to provide the tenant with a written notice that clearly states the violation and the required remedy or action. This notice should also specify a deadline for the tenant to comply.

Self-help evictions: Self-help evictions are illegal in Colorado and can result in legal and financial liability for landlords.

Lease abandonment: A Colorado tenant who moves out of a property before the lease ends is generally responsible for paying rent until the lease expires or the landlord finds a new tenant. If the landlord re-rents the property, the tenant may be relieved of their obligation to pay rent from when the new tenant moves in.

Ending a Lease

Month-to-month: Colorado tenants and landlords must give at least 28 days’ notice stating they are not renewing a month-to-month lease. It’s important to remember that under Colorado law, landlords must offer renewals for tenants except in six specific circumstances.

Fixed-term: Colorado tenants can generally break a fixed-term lease early in certain circumstances, including active-duty military service, the landlord’s breach of the rental contract, or the property becomes uninhabitable. Some leases include early termination clauses, providing either party an out in certain circumstances.

Property abandonment: If a tenant abandons property at their former residence, the landlord can treat the property as abandoned and dispose of it after a reasonable period of time. The landlord should reasonably attempt to notify the tenant of their intent to dispose of the property.

Renewing a Lease

Required renewals: Landlords in Colorado are required to renew leases. Only six circumstances warrant an exception. These circumstances include the tenant not paying rent, damaging the property, or creating an unsafe environment for other tenants.

Required notice: In Colorado, the notice period required for landlords to give tenants when not renewing a lease 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

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.