Colorado Sublease Agreement
Residential Sublease with Landlord Consent
A sublease allows the original tenant (Sublessor) to rent all or part of their rental unit to another person (Subtenant) for a portion of the remaining lease term. In Colorado, most leases require written landlord consent before subletting. This agreement establishes the terms between the Sublessor and Subtenant while the Sublessor remains responsible to the Landlord under the original lease.
✅ Landlord Consent Status
CRITICAL: Most Colorado leases prohibit subletting without landlord approval. Subletting without consent can be grounds for eviction. Always check your original lease and obtain written consent before proceeding.
🏠 Property Information
📋 Original Lease Information
🏢 Landlord/Property Manager Information
👤 Sublessor (Original Tenant) Information
Sublessor Details
Sublessor Liability: The Sublessor remains fully responsible to the Landlord under the original lease. If the Subtenant fails to pay rent or damages the property, the Sublessor is liable.
👥 Subtenant Information
Subtenant Details
📅 Sublease Term
Important: The sublease end date cannot extend beyond the original lease end date. The sublease automatically terminates when the original lease ends.
💰 Rent and Security Deposit
Sublease Rent
Security Deposit from Subtenant
Colorado Law: Security deposits are limited to 2 months’ rent. The Sublessor must return the deposit within 30-60 days of sublease end per C.R.S. § 38-12-103.
📜 Rules and Restrictions
The Subtenant agrees to comply with all terms of the original lease, including but not limited to:
🛋️ Furnishings and Inventory
✍️ Signatures
Sublessor (Original Tenant)
Subtenant
Landlord Consent (if required)
I, the Landlord/Property Manager, consent to this sublease arrangement. My consent does not release the original tenant (Sublessor) from their obligations under the original lease.
Colorado Sublease Agreement – Complete Guide
A sublease agreement (also called a sublet agreement) allows an existing tenant to rent all or part of their rental unit to another person. The original tenant becomes the “Sublessor” and the new occupant becomes the “Subtenant.” In Colorado, understanding the legal requirements and risks of subletting is essential for all parties involved.
Is Subletting Legal in Colorado?
Yes, subletting is legal in Colorado, but with important restrictions:
- Lease provisions control: Most leases prohibit or restrict subletting
- Landlord consent usually required: Even if not explicitly prohibited, landlords typically must approve subtenants
- Written consent recommended: Always get landlord approval in writing
- Original tenant remains liable: The sublessor is still responsible for the lease
Parties in a Sublease
| Party | Role | Responsibilities |
|---|---|---|
| Landlord | Property owner | Maintains property, collects rent from original tenant |
| Sublessor | Original tenant | Responsible to landlord, manages subtenant relationship |
| Subtenant | New occupant | Pays rent to sublessor, follows lease rules |
When to Use a Sublease
Common situations where subletting makes sense:
- Temporary relocation: Work assignment, internship, or travel
- Study abroad: College students leaving for a semester
- Job change: Need to move but lease isn’t up
- Financial hardship: Need help covering rent
- Partial vacancy: Extra room to rent out
Sublessor’s Liability
The most important thing to understand about subletting is that the original tenant (sublessor) remains fully liable to the landlord:
- Rent: If subtenant doesn’t pay, sublessor must pay
- Damages: Sublessor responsible for subtenant’s damages
- Lease violations: Sublessor liable for subtenant’s violations
- Eviction: Sublessor could be evicted for subtenant’s actions
Screening Your Subtenant
Since you remain liable, thoroughly screen potential subtenants:
- Credit check: Verify they can afford the rent
- Background check: Criminal and eviction history
- References: Previous landlords and employers
- Income verification: Pay stubs or employment letter
- Interview: Meet in person, discuss expectations
Key Terms to Include
Sublease Duration
The sublease cannot extend beyond the original lease end date. Be specific about start and end dates.
Rent Amount
You can charge the subtenant the same rent, more, or less than you pay. Charging more is legal unless your lease prohibits it.
Security Deposit
Collect a security deposit from the subtenant. Colorado limits this to 2 months’ rent. You must return it within 30-60 days per state law.
Rules and Restrictions
All original lease rules apply to the subtenant. Make sure they receive and acknowledge the original lease terms.
Getting Landlord Consent
Steps to obtain landlord approval:
- Review your lease for subletting provisions
- Write a formal request letter to your landlord
- Include subtenant’s application/information
- Offer to let landlord screen the subtenant
- Get written consent before subtenant moves in
- Keep copies of all correspondence
What If Landlord Refuses?
If your landlord denies your sublease request:
- Ask why: There may be a specific concern you can address
- Negotiate: Offer compromises (higher deposit, landlord screening)
- Check reasonableness: Some leases require landlord not unreasonably withhold consent
- Consider alternatives: Lease assignment, early termination, finding replacement tenant
⚠️ Legal Disclaimer
This Sublease Agreement form is provided for informational purposes. Subletting involves significant legal and financial risks. The sublessor remains fully liable under the original lease regardless of subtenant performance. Before subletting, carefully review your original lease, obtain written landlord consent, and consider consulting with a Colorado attorney if you have questions about your specific situation.
