Colorado Lease Agreement Create a Colorado Lease Agreement

Colorado Lease Agreement

Published Dec 06, 2025
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A Colorado Lease Agreement is a legal document that outlines the terms under which a rental property is leased by a landlord to a tenant in Colorado.

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COLORADO LEASE AGREEMENT

THIS RESIDENTIAL LEASE AGREEMENT (the "Agreement") is entered into on (the "Effective Date"), by and between:

LANDLORD:
Name: ("Landlord")
Mailing Address:
Email:
Phone:

AND TENANT(S):
Name: ("Tenant")

(collectively, the "Tenant")

I. PREMISES

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the residential property located at:

Address:
City:
State: Colorado
Zip Code:
(the "Premises").

II. TERM OF LEASE

The term of this Agreement shall be (check one):

III. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

1. Due Date: Rent is due on the day of each month.

2. First Month's Rent: The Tenant shall pay the first month's rent in the amount of $ upon the execution of this Agreement.

3. Payment Method: Rent shall be paid via:

Payment instructions:

IV. SECURITY DEPOSIT

Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of $ as a Security Deposit.

1. Return of Deposit: Pursuant to C.R.S. § 38-12-103, the Landlord shall return the Security Deposit to the Tenant within sixty (60) days after the termination of this lease or the surrender and acceptance of the Premises, whichever occurs last. If no time is specified herein, the statutory default of thirty (30) days shall apply.

2. Deductions: The Landlord may deduct from the Security Deposit any unpaid rent, costs for repairs beyond normal wear and tear, cleaning costs, and other damages provided by law. If any deductions are made, the Landlord shall provide a written statement listing the exact reasons for the retention of any portion of the security deposit.

3. Location of Funds: The Security Deposit will be held at:

V. LATE FEES AND RETURNED CHECKS

1. Late Fees: Pursuant to C.R.S. § 38-12-105, a late fee shall NOT be charged unless the rent is at least seven (7) calendar days late. If rent is not received by the Landlord within seven (7) calendar days of the Due Date, the Tenant agrees to pay a late fee of (check one):

*(Note: Colorado law prohibits late fees exceeding the greater of $50 or 5% of the past due rent).*

2. Returned Checks: If a check is returned for insufficient funds, the Tenant shall pay a charge of $ (not to exceed $20 or actual bank charges, whichever is greater) in addition to any late fees.

VI. UTILITIES AND SERVICES

The parties agree that utilities and services shall be the responsibility of the following parties:

1. Electricity:

2. Gas/Heat:

3. Water/Sewer:

4. Trash Removal:

5. Internet/Cable:

6. Snow Removal:

7. Lawn Care:

VII. OCCUPANTS AND GUESTS

1. Occupants: Only the persons listed as Tenant(s) in this Agreement and the following minors may reside at the Premises:

2. Guests: Guests may stay on the Premises for no more than consecutive days or days in a six-month period without prior written consent from the Landlord.

VIII. PETS

IX. MAINTENANCE AND REPAIRS

1. Landlord's Obligations: The Landlord shall maintain the Premises in a habitable condition and comply with all state and local housing codes, pursuant to the Warranty of Habitability under C.R.S. § 38-12-503. This includes maintaining structural elements, plumbing, heating, and electrical systems.

2. Tenant's Obligations: The Tenant shall keep the Premises clean, sanitary, and in good condition. The Tenant is responsible for repairs caused by the negligence or misuse of the Tenant, guests, or pets.

3. Notification: The Tenant must promptly notify the Landlord of any necessary repairs or unsafe conditions.

X. RIGHT OF ENTRY

The Landlord shall have the right to enter the Premises for inspection, maintenance, repairs, or to show the property to prospective tenants or buyers. Except in cases of emergency, the Landlord shall provide the Tenant with at least: hours notice (typically 24-48 hours) prior to entry. Entry shall be at reasonable times.

XI. COLORADO REQUIRED DISCLOSURES

1. RADON DISCLOSURE (C.R.S. § 38-12-803):

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. THE SELLER OF RESIDENTIAL REAL PROPERTY IS REQUIRED TO PROVIDE THE BUYER WITH ANY KNOWN INFORMATION ON RADON TEST RESULTS OF THE RESIDENTIAL REAL PROPERTY.

The Landlord acknowledges the following regarding radon concentrations at the Premises (check one):

2. LEAD-BASED PAINT DISCLOSURE:

Is the Premises housing constructed prior to 1978?

3. BED BUG DISCLOSURE (C.R.S. § 38-12-1003):

The Landlord certifies that there is no current bed bug infestation at the Premises. The Tenant acknowledges that they have inspected the Premises and found no evidence of bed bugs. The Tenant agrees to report any suspected bed bug infestation to the Landlord electronically or in writing within 96 hours of discovery.

XII. DEFAULT AND REMEDIES

If the Tenant fails to pay rent or violates any provision of this Agreement, the Landlord may issue a Demand for Compliance or Possession (Notice to Quit) pursuant to C.R.S. § 13-40-104.

1. Non-Payment of Rent: The Landlord shall provide a ten (10) day notice (or as applicable by law for exempt properties) to pay rent or vacate.

2. Other Violations: For violations other than non-payment, the Landlord shall provide a ten (10) day notice to cure the violation or vacate.

XIII. ADDITIONAL TERMS AND CONDITIONS

Additional provisions agreed upon by the parties are as follows:

XIV. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.

XV. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, whether written or oral. No amendment or modification of this Agreement shall be valid unless in writing and signed by both parties.

XVI. SIGNATURES

LANDLORD:
Signature: _________________________
Print Name: _______________
Date:

TENANT(S):
Signature: _________________________
Print Name: _______________
Date:

What is a Colorado Lease Agreement?

A Colorado Lease Agreement is a legally binding contract executed between a landlord (lessor) and a tenant (lessee) regarding the rental of property within the state of Colorado. This document outlines the specific terms and conditions governing the tenancy, including the monthly rental amount, payment due dates, lease duration, and rules regarding property maintenance and conduct. It serves as the primary legal framework for the landlord-tenant relationship, ensuring that both parties understand their rights and obligations under state law. While verbal agreements can be valid for tenancies lasting less than one year, written contracts are standard practice to provide clear evidence of the agreed-upon terms in the event of a dispute.

Legal Framework and Statutory Requirements

The landlord-tenant relationship in Colorado is primarily governed by Title 38, Article 12 of the Colorado Revised Statutes (C.R.S.). These statutes establish the baseline requirements for habitable housing, security deposits, and eviction procedures. Unlike some states with highly regulated rent control measures, Colorado generally prohibits municipalities from enacting rent control ordinances, allowing market forces to dictate rental prices. However, state laws regarding the Warranty of Habitability (C.R.S. § 38-12-503) mandate that landlords provide a property that is safe and fit for human habitation, covering essential services such as waterproofing, plumbing, heating, and gas.

Federal laws also play a significant role in the validity of a lease. The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Additionally, the Lead-Based Paint Hazard Reduction Act requires landlords owning properties built before 1978 to disclose the presence of known lead-based paint hazards to tenants before the lease is signed.

Mandatory Disclosures in Colorado

To ensure a Colorado Lease Agreement is compliant with state and federal regulations, specific disclosures must be included within or attached to the document. Failure to provide these disclosures can result in legal penalties or potential lease invalidation.

  • Lead-Based Paint Disclosure: Required for any housing structure built prior to 1978, informing the tenant of potential lead exposure.
  • Radon Disclosure: Under C.R.S. § 38-12-803, landlords must provide a warning statement about radon gas and disclose any knowledge of radon concentrations at the property.
  • Bed Bug History: Landlords are required to disclose if the rental unit has contained bed bugs within the last eight months.
  • Potable Water Source: The lease must state the source of the property's drinkable water, whether it is a municipal system or a well.

Security Deposit Regulations

Colorado law provides specific protections regarding security deposits under C.R.S. § 38-12-103. While there is no statutory limit on the amount a landlord may charge for a security deposit, the law is strict regarding its return. A landlord must return the security deposit to the tenant within one month after the lease terminates or the premises are surrendered, whichever occurs last. However, the lease agreement may extend this period up to a maximum of 60 days. If a landlord wrongfully withholds the deposit beyond the legal timeframe, they may be liable for treble damages, meaning they could owe the tenant three times the amount of the wrongfully withheld funds.

How to Execute a Colorado Lease Agreement

Finalizing a rental contract involves several distinct stages to ensure the document is accurate and legally enforceable. Following a structured process helps prevent future misunderstandings between the lessor and lessee.

  1. Step 1: Tenant Screening and Application – Before drafting the specific terms, the landlord typically collects a rental application to verify the prospective tenant's income, credit history, and rental background. This step ensures the tenant is financially capable of upholding the lease obligations.
  2. Step 2: Drafting the Agreement – The landlord prepares the document, incorporating all state-mandated disclosures and specific property rules. This includes defining the lease term (fixed or month-to-month), rent amount, and policies regarding pets, smoking, and parking.
  3. Step 3: Move-In Inspection – Both parties should conduct a walkthrough of the property. A move-in checklist allows the tenant to document existing damage, which protects their security deposit from being used for pre-existing issues upon move-out.
  4. Step 4: Signing and Payment – The landlord and tenant sign the Colorado Lease Agreement. At this time, the tenant typically pays the first month's rent and the security deposit. Copies of the fully executed document are then distributed to all parties.

Late Fees and Rent Rules

Recent legislative updates in Colorado have placed caps on late fees to protect tenants from predatory practices. Per C.R.S. § 38-12-105, landlords cannot charge a late fee unless the rent is at least seven calendar days late. Furthermore, the late fee cannot exceed $50 or 5% of the past due rent amount, whichever is greater. The lease must clearly state the terms of any late fees. If a landlord violates these provisions, the tenant may be entitled to a penalty payment and the voiding of the late fee.

Frequently Asked Questions

Yes, verbal lease agreements are generally valid in Colorado for tenancies that are less than one year in duration. However, written agreements are strongly recommended to clearly establish terms and avoid disputes regarding rent, duration, and responsibilities.
Colorado statutes do not specify a mandatory notice period for landlord entry, but the law implies a requirement of reasonable notice. Most written leases specify a 24 to 48-hour notice period for non-emergency entry to respect the tenant's right to quiet enjoyment.
Yes, despite the legalization of recreational marijuana in Colorado, landlords have the right to prohibit the possession, use, and cultivation of marijuana on their rental premises. This prohibition must be clearly stated in the lease agreement.
Colorado state law does not impose a statutory cap on the amount a landlord can charge for a security deposit. However, the amount is typically determined by market conditions and the creditworthiness of the tenant.
Landlords are required to provide a receipt for rent payments if the tenant pays with cash or a money order. If the tenant pays by check or electronic transfer, a receipt is generally not required unless the tenant specifically requests one.
For a tenancy ranging from one month to less than six months, the terminating party must provide at least 21 days' written notice before the end of the rental period. For tenancies lasting one year or longer, the notice requirement increases to 91 days.

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