▶

Free Colorado Month-to-Month Rental Agreement

▶ Watch overview

Colorado Month-to-Month Rental Agreement — Colorado month-to-month tenancy. Requires 21-day notice to quit under C.R.S. § 13-40-107.

CO Month-to-Month C.R.S. § 13-40-107 Colorado Free PDF

A Colorado month-to-month rental agreement creates a periodic tenancy that continues from month to month until either party gives proper written notice to terminate. Under C.R.S. § 13-40-107, a tenancy of one month or more but less than six months requires 21 days’ notice to quit. The agreement should specify monthly rent, due date, late fee, security deposit, utilities, occupancy limits, pet policy, and termination notice. Colorado rent increases on month-to-month tenancies require 60 days’ written notice under recent Colorado law (HB 23-1095 amendments).

Complete the fields below to generate a Colorado month-to-month rental agreement. Service should comply with per statutory and best-practice requirements; retain proof of delivery.

A Colorado month-to-month rental agreement creates a periodic tenancy that renews each month and continues until either party ends it with proper written notice. It is governed by the Colorado Revised Statutes — chiefly Title 38, Article 12 (tenants and landlords) and Title 13, Article 40 (forcible entry and detainer). Colorado layered several strong tenant protections onto that framework between 2021 and 2024, so a compliant month-to-month agreement has to line up with the current notice, rent-increase, deposit, and habitability rules. The generator above builds a Colorado-aligned agreement; the guide below explains what the law actually requires.

A month-to-month tenancy has no fixed end date — it simply renews until terminated. Under C.R.S. § 13-40-107(1)(c), a tenancy of one month or longer but less than six months requires at least 21 days’ written notice to terminate, and that notice runs both ways: the landlord must give it to end the tenancy without cause, and the tenant must give it to move out. The notice must describe the property and state the exact date the tenancy ends. Colorado also bars a landlord from using a no-cause termination or a rent increase to retaliate against a tenant who has asserted a legal right.

Within that structure the parties have wide freedom to set the commercial terms — rent, deposit, fees, utilities, occupancy — but Colorado’s mandatory floors on deposits, habitability, rent-increase timing, and disclosures override any conflicting clause. A good agreement states the deal clearly and restates those statutory duties so the two do not collide. It also names the landlord’s agent for notices, so the 21-day termination notice, the 60-day rent-increase notice, and any habitability report all have a clear address to reach — a small detail that decides whether a later notice is valid.

The trade-off is flexibility versus certainty. A month-to-month tenancy lets either side change course on 21 days’ notice — useful for a landlord planning to sell or renovate, or a tenant whose plans are unsettled — but it also means the rent and the tenancy itself can move on that same short horizon. A fixed-term lease (typically a year) locks the rent and the right of occupancy for the whole term, which most tenants prefer for stability, but it commits both sides for the duration.

Two Colorado rules narrow the practical gap. First, rent on a month-to-month can only rise once every 12 months and only on 60 days’ notice, so a periodic tenant is not exposed to constant increases. Second, when a fixed-term lease ends and the tenant stays with the landlord’s consent, the tenancy usually rolls into a month-to-month on the same terms — so most Colorado landlords end up managing a periodic tenancy eventually, and the agreement on this page is what governs it. Whichever structure you choose, the deposit, habitability, disclosure, and notice rules described here apply the same way.

• Parties and premises — every adult tenant, the landlord or authorized agent, and the exact unit address.
• Month-to-month term and the 21-day notice — that the tenancy renews monthly and how either party ends it (C.R.S. § 13-40-107).
• Rent and payment — the amount, the due date, accepted methods, and any late fee (Colorado caps residential late fees and bars charging one until rent is at least seven days late under C.R.S. § 38-12-105).
• Rent-increase terms — an acknowledgment of the once-per-12-months limit and the 60-day notice (§§ 38-12-701, 38-12-702).
• Security deposit — the amount and the one-month/60-day return rule.
• Habitability, utilities, occupancy, pets, and access — who pays what, the warranty of habitability, and reasonable landlord access.
• Required disclosures and signatures — landlord/agent, the uninhabitable-condition reporting statement, bed-bug history, pre-1978 lead paint, and a dated signature block.

Termination notice (C.R.S. § 13-40-107)

For a month-to-month tenancy, 21 days’ written notice ends the tenancy without cause, given by either party. Longer notice applies to longer tenancies (28 days for six months to a year; 91 days for a year or more), and shorter notice applies to very short tenancies. The notice must be in writing and state the termination date.

Rent and rent increases (C.R.S. §§ 38-12-105, 38-12-701, 38-12-702)

Rent may be raised only once in any 12-month period, and the landlord must give at least 60 days’ written notice of an increase. A landlord may not evict or refuse to renew simply to dodge the 60-day rule. Late fees are limited and cannot be charged until rent is at least seven days late.

Security deposit (C.R.S. §§ 38-12-103, 38-12-104)

Colorado sets no cap on the security deposit amount but tightly controls its return. The landlord must return the deposit — or deliver a written statement of the exact reasons for any deductions plus the balance — within one month after the tenant surrenders the premises, or up to a longer period stated in the lease, not to exceed 60 days. No deduction may be taken for normal wear and tear. Missing the deadline forfeits the right to withhold, and willful retention exposes the landlord to treble damages plus attorney’s fees.

Habitability (C.R.S. § 38-12-503)

Every residential tenancy carries an implied warranty of habitability. After the tenant gives notice of a condition that materially interferes with life, health, or safety, the landlord must act within the statutory timeframe. The tenant’s remedies for a breach can include repair costs, a rent reduction reflecting the reduced value of the unit, and, for a serious condition the landlord fails to cure, termination of the tenancy. Conditions that typically trigger the warranty include the loss of running water, heat in winter, working electrical or plumbing systems, a waterproof roof or windows, working appliances the landlord supplied, and freedom from a rodent or pest infestation the tenant did not cause. The landlord’s clock starts when the tenant gives written or electronic notice, so a tenant should keep a dated copy of every repair request.

Required disclosures

The agreement must give the name and address of the landlord or authorized agent for notices, include a statement telling the tenant how and where to report an uninhabitable condition (Colorado requires this reporting information to be provided), and disclose any known bed-bug history for the premises within the period set by C.R.S. § 38-12-1004, along with the timing of the most recent inspection or treatment where applicable. Pre-1978 housing also requires the federal lead-based paint disclosure and the EPA pamphlet. Getting these disclosures into the signed agreement — rather than promising them verbally — is what makes them provable later.

• Deposit penalties (§ 38-12-103). Late or missing written statement forfeits the right to withhold; willful bad-faith retention costs treble the wrongfully withheld amount plus attorney’s fees.
• Habitability breach (§ 38-12-503). The tenant may recover repair costs and a rent reduction, and may terminate for a serious, uncured condition.
• Improper rent increase (§§ 38-12-701–702). An increase more than once a year, or without 60 days’ notice, is unenforceable.
• Retaliation and eviction. A no-cause termination or increase used to retaliate is barred, and an eviction filed on a defective or miscounted 21-day notice is subject to dismissal.

• Using the wrong notice period. A month-to-month no-cause termination needs the full 21 days (§ 13-40-107); a short or miscounted notice defeats an eviction.
• Raising rent too often or without 60 days’ notice. Once per 12 months, 60 days’ notice — no exceptions dressed up as non-renewals.
• Missing the deposit deadline or statement. One month (up to 60 days if the lease says so) and a written reasons statement, or the right to withhold is forfeited.
• Deducting for normal wear and tear. Not chargeable under § 38-12-104.
• Charging an early or oversized late fee. Nothing until rent is seven days late, within the § 38-12-105 caps.
• Omitting the required disclosures. Owner/agent, the reporting statement, and bed-bug history are mandatory.

• State the 21-day termination rule and the exact rent, due date, and any late fee inside the § 38-12-105 limits.
• Put the rent-increase rule in writing — once a year, 60 days’ notice — so both sides know it.
• Track the deposit clock and always deliver a written statement of deductions on time.
• Attach the required disclosures and the pre-1978 lead-paint packet where it applies.
• Do a documented move-in inspection with dated photos so the deposit accounting is defensible.
• Screen the tenant before you sign — verify credit, rental history, evictions, and income first.
• Have counsel review anything unusual, subsidized, or high-value.

Colorado recognizes electronic signatures under the Uniform Electronic Transactions Act, so an agreement signed through a reputable e-signature service is as binding as ink when both parties agreed to sign electronically. However it is executed, each party should receive a fully signed copy, and the landlord should keep the signed original, the disclosures, and any addenda together for the life of the tenancy plus the limitations period for a deposit or habitability claim.

Do a documented move-in inspection: walk the unit with the tenant, note every existing defect on a condition form, and take dated photographs. Because Colorado bars deductions for normal wear and tear and requires a written statement of any deductions, that record is what makes the deposit accounting defensible when the tenancy ends. Confirm smoke and carbon-monoxide alarms are working before the tenant takes possession.

To end the tenancy, either party delivers a written 21-day notice stating the termination date, and the landlord returns the deposit (or the written statement of deductions) within one month of surrender. If the tenant does not leave after a proper notice, the landlord’s remedy is the eviction process under Title 13, Article 40 — not a self-help lockout, which Colorado prohibits. Planning the end of the tenancy inside the agreement, and calendaring the notice and deposit deadlines, avoids the most common month-to-month disputes.

A month-to-month tenancy in Colorado usually turns on whether a notice was delivered correctly, so the mechanics matter as much as the timing. Put the 21-day termination notice or the 60-day rent-increase notice in writing, name the tenant and the property, and state the exact effective date. Count the days carefully — the period runs from the day after delivery, and the termination date should fall on or after the end of that period. When in doubt, add a day or two of cushion rather than risk a short notice a court will reject.

Deliver the notice in a way you can prove: personal delivery to the tenant, leaving it with a resident of suitable age at the unit, or posting it conspicuously at the property together with mailing a copy. Keep a dated copy and a record of how and when it was served — that proof of service is what a landlord attaches to an eviction filing if the tenant does not comply, and what a tenant relies on to show a non-renewal was late. Because Colorado prohibits self-help lockouts, a landlord who wants possession after a proper notice must still use the court’s forcible-entry-and-detainer process rather than changing the locks.

Statewide law is the floor, not the ceiling. Several Colorado cities layer additional protections on top of the state rules — local licensing, source-of-income protections, and extra notice or relocation requirements can apply, so a landlord in Denver, Boulder, or another regulated municipality should confirm the local ordinance before terminating or raising rent. Subsidized tenancies (Section 8 and similar programs) carry their own good-cause and notice rules that can override a simple 21-day no-cause termination, and mobile-home-park tenancies are governed by a separate statute with longer notice periods. Manufactured housing, income-restricted units, and any tenancy touched by a federal program deserve a closer look before relying on the general month-to-month rules on this page.

Published by Tenant Screening Background Check

Established 2004 · 20+ Years · All U.S. States & Territories · Statute-Based · Attorney-Reviewed

A Private Eye Reports™ service trusted by landlords, property managers, and attorneys.