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Colorado landlord-tenant laws govern the rights and responsibilities of both parties in a rental agreement, ensuring a balanced and lawful leasing relationship. Landlords are required to provide safe, habitable properties that comply with state and local regulations, while tenants must uphold their obligations, such as timely rent payments and proper property care.
These laws can vary slightly depending on the local jurisdiction, making it essential for landlords to seek legal advice when drafting lease agreements. Whether you’re a landlord or tenant, knowing these regulations is critical for avoiding disputes and ensuring compliance.
This guide breaks down the most important aspects of Colorado landlord-tenant laws, helping you navigate key provisions, lease requirements, and best practices. For specific legal advice, consult an attorney or property management professional.
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Now, let’s dive in.
What is a Rental Agreement in Colorado?
A rental agreement, often called a "lease agreement," is a legally binding document outlining the terms under which a landlord rents their property to a tenant. This agreement specifies the responsibilities and rights of both parties, ensuring clarity and legal protection for the lease duration.
In Colorado, written lease agreements are required for rental terms lasting 12 months or longer. Even for shorter leases, landlords are encouraged to create formal agreements to avoid potential disputes and establish clear expectations for both parties.
What Does a Lease Agreement In Colorado Include?
This may vary depending on the landlord and state laws, but generally, this is the information that most landlords must include in this document:
- Contact information of all the parties involved in the lease (Landlord included).
- Address and description of the leased property.
- Lease duration.
- Rent amount and due date.
- Landlord and tenant responsibilities.
- Miscellaneous clauses (Pet laws, smoking laws, etc.)
Is Colorado a Landlord or Tenant-Friendly State?
Colorado strikes a balance between landlord and tenant rights. While it is often considered landlord-friendly due to relatively straightforward eviction processes and flexibility in lease terms, recent legislation has introduced stronger tenant protections.
For example, landlords must follow stricter guidelines regarding late fees, habitability standards, and return of security deposits. Additionally, Colorado allows landlords to enter rental properties without notice unless otherwise stated in the lease, but agreements often include notification clauses to promote clarity and cooperation.
Rights & Responsibilities
Landlords
According to housing laws in the state of Colorado, landlords must provide a habitable unit for every tenant. A landlord has to ensure that the utilities are in good condition before leasing their property; these utilities include running water, electrical wiring, heating systems, plumbing, fixtures, etc. This is stated in the "Warranty of Habitability" law.
On the other hand, landlord-tenant laws in Colorado require landlords to provide repairs in a reasonable amount of time to comply with the Warranty of Habitability laws. Colorado tenants have the right to send a written notice of repair when they consider it appropriate, and landlords have up to 24 hours to fix the issue.
A landlord has the right to collect rent, deduct damages from security deposits (if applicable), and seek legal help if the tenant breached the terms of the lease.
Tenants
Tenant rights state that they may exercise their right to habitable housing whenever they consider it appropriate; this includes asking for utilities in good condition, getting repairs in a reasonable amount of time, and collecting their security deposit once they leave the premises.
Additionally, tenants must comply with the following requirements to keep a good relationship with their landlord:
- Pay rent on time.
- Keep the property free of trash or waste.
- Keep the property safe and in good condition.
- Provide any required repairs as long as they're minor.
Rental Laws
Colorado does not impose rent control at the state level, allowing landlords to set rental amounts freely. However, local ordinances may have specific requirements regarding rent increases, so landlords should review regulations for their property’s location.
Tenants in Colorado have the right to withhold rent if their unit is deemed uninhabitable or poses a health hazard. To exercise this right, tenants must first provide the landlord with written notice of the issue, allowing a reasonable timeframe for repairs—typically between 10 days and one month, depending on the severity of the problem. Tenants must retain documentation of these communications to protect their rights.
Rent Control Law
There are no rent control regulations in Colorado, meaning that a landlord may be able to raise rent prices as much as they want without any problems. Additionally, they're not required to provide notice about rent increases.
Late Fee Law
Under Colorado landlord-tenant law, landlords cannot charge a late fee greater than the greater of $50 or 5% of the tenant's monthly rent. Additionally, landlords may only charge a late fee once for each late payment, even if the payment remains overdue. Late fees must also be clearly outlined in the lease or rental agreement to be enforceable.
Grace Period Law
Colorado state law does not mandate a grace period for rent payments, leaving it to the landlord's discretion to include one in the lease agreement. However, landlords are encouraged to establish reasonable grace periods as a good business practice to accommodate unforeseen tenant delays. Grace period terms must be explicitly stated in the lease to avoid disputes.
Want to download your own lease agreement template? Visit DoorLoop's Forms Page and click the "Download Resource" button for your very own Colorado lease agreement template as well as other Colorado-specific property management forms and agreements.
Security Deposit Laws
Colorado landlord-tenant law allows landlords to collect a security deposit to cover damages beyond normal wear and tear, unpaid rent, or outstanding utility bills. While there is no maximum deposit amount set by state law, most landlords typically collect an amount equal to one month's rent.
Landlords are required to return the security deposit within 30 days after the tenant vacates the property. This timeline may extend to 60 days if specified in the lease. If the unit has hazardous conditions that justify the tenant's immediate departure, landlords must return the deposit within three days. Deductions from the deposit must be itemized and provided to the tenant in writing, along with any remaining balance.
Failure to comply with these timelines can result in penalties, including the tenant's right to sue for three times the deposit amount plus attorney's fees.
Evictions & Early Terminations
Landlords in Colorado may initiate eviction proceedings for reasons including breach of lease terms, criminal activity, or failure to pay rent without legal justification.
Landlords must provide tenants with a written eviction notice, with the timeline varying based on lease type and tenant occupancy duration. For example, a one-day notice applies to weekly leases, while tenants who have resided on the property for over a year may require up to 91 days' notice for termination without cause.
Alternatively, a tenant in Colorado may terminate the lease early if one of the following required conditions are met:
- Active military service
- Hazardous or uninhabitable rental unit
- Domestic violence
- Early termination clauses
Active military service:
Tenants called to active duty under the Servicemembers Civil Relief Act (SCRA) can terminate their lease without penalty by providing written notice and a copy of their military orders.
Hazardous or uninhabitable rental unit:
If a property violates the Warranty of Habitability (e.g., lacks heating, running water, or poses safety hazards), tenants may legally terminate the lease after notifying the landlord and giving them a reasonable timeframe to resolve the issue.
Domestic violence:
Colorado law protects survivors of domestic violence, sexual assault, or stalking. Tenants in these situations can terminate a lease early by providing the landlord with written notice and supporting documentation, such as a police report, restraining order, or statement from a qualified professional. Landlords are prohibited from retaliating against tenants exercising this right.
Early termination clauses:
Many leases include provisions that allow tenants to leave early under specific terms, such as paying an early termination fee or giving extended notice.
See our full guide on the eviction process and laws for Colorado.
Other Important Lease Clauses
Housing Discrimination and Tenant Protection
The Fair Housing Act and the Colorado Civil Rights Division protect tenants from housing discrimination based on protected characteristics, including:
- Race or national origin
- Religion
- Sex or gender identity
- Sexual orientation
- Familial or marital status
- Disability
Landlords must comply with both federal and state anti-discrimination laws in advertising, leasing, and managing rental properties. Tenants who experience discrimination can file a complaint with the Colorado Civil Rights Division or the U.S. Department of Housing and Urban Development (HUD). Online resources and legal assistance are available to guide tenants through the process.
Tenants can file a discrimination lawsuit online if they consider it appropriate.
Right to Entry for Landlords
Colorado does not have explicit state laws requiring landlords to give notice before entering a rental property. However, it is standard practice for landlords and tenants to include entry notification clauses in the lease agreement to avoid conflicts.
While not legally required, providing a written notice 24-48 hours before entry is considered a best practice. This fosters a positive landlord-tenant relationship and ensures compliance with implied privacy rights. Exceptions, such as emergencies, may allow landlords to enter without notice.
Small Court Laws in Colorado
A Colorado small claims court can hear disputes regarding rent and security deposits that total a maximum of $7,500. However, it doesn't hear eviction cases. Landlord-tenant agreements in Colorado usually have a three-year statute of limitations.
Lead-Based Paint Disclosure
Under federal law, landlords must provide tenants with information about lead-based paint hazards if the rental property was built before 1978. This includes furnishing a lead-based paint disclosure form and the EPA's "Protect Your Family from Lead in Your Home" pamphlet. Failure to comply with these requirements can result in penalties and potential liability for health issues caused by lead exposure.
Conclusion
Colorado offers flexibility in its landlord-tenant laws, giving landlords significant control over lease terms while ensuring tenants have robust protections for habitability, privacy, and anti-discrimination. To maintain a successful rental relationship, landlords should prioritize clear, legally compliant lease agreements and address tenant concerns promptly.
As rental laws evolve, staying informed about current regulations is essential for both landlords and tenants. For specific legal advice or clarification, consult a qualified attorney or refer to official Colorado resources.
Webinar
DoorLoop hosted this webinar with attorney Michael Larranaga from Larranaga Law to help answer many of your legal questions. Michael specializes in real estate law and evictions in Colorado and we covered:
- Landlord-tenant issues and laws
- Grounds to evict a tenant
- Eviction process
- Preventing delays or fines
- Hiring an Attorney vs DIY
- Post COVID legal changes
FAQs
What are the laws on pets in Colorado?
While Colorado doesn't specify any laws regarding pets, landlords are allowed to specify their criteria for pets inside their lease agreement. However, people with disabilities are legally entitled to keep their service animals in all public forums, according to the Americans with Disabilities Act.
How can the tenant respond to harrassment and violence on the property?
If the tenant feels involved in any special circumstance that involves domestic violence, harassment, or sexual assault, they can legally terminate the lease early. However, the tenant could be responsible for paying an additional month of rent unless they provide evidence of domestic abuse or violence.
How do retaliation laws work in Colorado?
A tenant might file a court order if they perceive retaliatory behavior from their landlord. Retaliatory behavior can include harassing the tenant after making a complaint or increasing the rent's price deliberately after said complaint.
Can a tenant change the locks on a property?
Tenants can legally change their locks if the landlord allows it in the lease agreement; if the tenant plans to do this, they may be required to send a notification some days before. Keep in mind that landlords may not change the locks as a form of retaliation for the tenant.
Alternatively, tenants can request the landlord to install a security system for safety reasons. If this happens, the landlord has to respond in a reasonable period (usually a few days after the request was made).
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