Colorado Month-to-Month Lease Agreement

Required Landlord Disclosures (7) 

1. Names and address of landlord or authorized agent: Colorado landlords must include their name, address, and contact information when drafting a residential lease. If they move or get a new phone number, the landlord should send the tenant a written notification or an electronic communication no more than 1 day after the change. Tenants should have no trouble finding the new information on-site at the rental location (CRS § 38-12-801).

2. Radon gas: Landlords must add a radon gas disclosure to the lease, which should document radon testing and concentrations, any existing radon mitigation system at the location, and relevant activities (CRS § 38-12-803).

3. Income non-discrimination: Landlords of five or more rental properties must not discriminate against tenants based on how they earn income (CRS § 38-12-801).

4. Lead paint: Per federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992), if a rental property was built before 1978, the landlord must notify new tenants about the presence of lead-based paint.

5. Denver Tenant Rights and Resources handbook: If the rental property is in the City or County of Denver, landlords must attach this handbook to the rental agreement and distribute it to tenants. The handbook must also be distributed to the tenant if payment is required.

6. Bed bugs: New tenants are entitled to a report of any bed bugs in the past 8 months (CRS § 38-12-1005).

7. How and where to report an unsafe/uninhabitable condition: As of 2025, state law requires landlords to provide tenants with information on how and where they can report unsafe or uninhabitable living conditions. The information should be in English and Spanish, and landlords must include it in the lease (SB24-094).

Required Notice to Terminate Month-to-Month Agreement

Required notice for landlord: 21 days (CRS § 13-40-107)

Required notice for tenant: 21 days (CRS § 13-40-107)

Rent Increase Laws

Colorado does not have rent control or stabilization regulations. In 1981, the state instituted the Rental Housing Act, prohibiting cities and counties from implementing rent control policies.

Without rent control in Colorado, landlords can increase rent accordingly. However, giving the tenant proper notice of at least 21 days for a month-to-month lease is still essential. Also, landlords cannot increase the rent more than once during a year of tenancy (CRS § 13-40-107).

Rent Payment Laws

Grace period: Tenants have 7 days after rent is due to pay rent in Colorado without incurring a late fee (CRS § 38-12-105).

Late rent fees: Landlords can charge late fees that do not exceed $50 or 5% of the overdue rent, whichever amount is greater (CRS § 38-12-105).

Tenant’s right to withhold rent: No statute outlines a tenant’s ability to withhold rent. However, a landlord cannot evict a tenant if they cease rent payments as a result of a landlord not abiding by the implied warranty of habitability in Colorado (not fixing a broken appliance, uninhabitable living condition, etc.).

Pet rent laws: Landlords can set pet rent at whatever is higher: $35 per month or 1.5% of the tenant’s total rent due each month (HB23-1068).

Security Deposit Rules

Maximum security deposit: In Colorado, security deposits are capped at two months’ rent (CRS § 38-12-102.5).

Security deposit receipt: Landlords in Colorado are not required to provide tenants with a security deposit receipt.

Deduction tracking: Landlords have 30 days to deduct from a tenant’s security deposit. The deductions must be sent in writing to the tenant’s most recent address with the balance remaining (CRS § 38-12-103).

Returning a tenant’s security deposit: In Colorado, landlords must return security deposits within 30 days of the tenant’s move-out. However, the lease can be amended to include a 60-day return clause. Landlords must also send an itemized list of deductions and the security deposit (CRS § 38-12-103).

Pet deposit rules: Landlords can charge a refundable pet deposit of up to $300 in Colorado (HB23-1068).

Property Access Regulations

Advance Notice: No statute sets the exact advance notice needed for landlords to access a property. Instead, the amount of notice should be reasonable and included in a clause in the lease to set expectations for both parties.

Immediate Access: Emergencies happen, and that gives Colorado landlords grounds to access property without notice.

Landlord Harassment: Entering a property due to a fire or other emergency might be permitted without notice. However, going onto a property multiple times without notifying the tenant or coming outside of reasonable hours of entry could indicate landlord harassment, providing tenants with cause to break the lease.

Rental Agreement Violations

Missed rent payment: A Colorado landlord will first want to charge a late fee if tenants don’t pay rent within the 7-day grace period (CRS § 38-12-105).

Lease violation: If a tenant violates the lease terms, a landlord can give them written notice explaining the violation, how to correct it, and a date by which they should handle it (CRS § 13-40-104).

Self-help evictions: It is illegal to conduct a self-help eviction in Colorado (CRS § 38-12-510).

Lease abandonment: By leaving a lease early, a Colorado tenant may generally have to pay rent through the entire tenancy until the landlord gets a new tenant to occupy the property. Other fees may also apply.