Colorado Residential Lease Agreement

Important Information for Colorado Landlords

Colorado Rental Law Highlights

Security Deposits

• No Maximum Amount: Colorado does not limit security deposit amounts (unlike many states)
• Return Timeline: Must return deposit within 1 month (30 days) of lease termination, or 60 days if deductions are made
• Itemization Required: Must provide written list of deductions with receipts/estimates
• Interest: Not required to pay interest on deposits
• Walk-Through: Tenant may request walk-through inspection within 7 days before move-out
• Wrongful Retention: Landlord may be liable for treble damages plus attorney fees if deposit wrongfully withheld

Rent and Rent Increases

• No Rent Control: Colorado has no statewide rent control (preempted since 1981)
• No Notice for Fixed-Term: No notice required for rent increase if lease expires
• Month-to-Month Notice: Reasonable notice required (typically 30 days) for rent increases
• Grace Period: No required grace period by state law
• Late Fees: Must be reasonable; courts have upheld $50 or 5-10% of rent
• NSF Fees: Can charge up to $50 for returned checks (or actual bank fees)

Tenant Rights and Protections

• Warranty of Habitability: Implied in all leases; must maintain safe, sanitary conditions
• Essential Services: Running water, hot water, heat, electricity must be functional
• Repairs: Must make repairs promptly after notice
• Retaliation: Cannot retaliate against tenant for reporting violations
• Right to Entry: Must give reasonable notice (typically 1 day) except emergencies
• Privacy: Cannot enter for harassment or disturb tenant’s quiet enjoyment

Required Disclosures

• Lead-based paint disclosure (pre-1978 properties) – Federal requirement
• Landlord/agent contact information and address for notices
• Methamphetamine contamination (if property was used for meth production)
• Common interest community information (if HOA property)
• Radon gas disclosure recommended
• Bedbug information (if previous infestation)
• Carbon monoxide detector requirements

Eviction and Termination

• 3-Day Notice: For nonpayment of rent
• 10-Day Notice: For lease violations (cure or quit)
• No-Cause Termination: Month-to-month requires 21 days notice from landlord, 7 days from tenant
• Judicial Eviction Only: Must go through court; self-help evictions are illegal
• Lockouts: Illegal; landlord faces criminal and civil penalties
• Utility Shutoffs: Illegal as eviction tactic

Pet Policies

• Pet Deposits: No state limit on pet deposit amounts
• Pet Rent: Can charge additional monthly pet rent
• Service/Assistance Animals: Cannot charge fees or deposits for animals covered by Fair Housing Act or ADA
• Breed Restrictions: Generally allowed, but some cities/counties have banned breed-specific legislation
• Emotional Support Animals: Must accommodate with proper documentation under Fair Housing Act

Colorado-Specific Considerations

Marijuana/Cannabis

• Recreational marijuana is legal in Colorado
• Landlords CAN prohibit marijuana use, possession, or cultivation on rental property
• Include specific prohibition in lease if desired
• Federal Fair Housing laws do not protect marijuana use
• Medical marijuana patients may have some protections, but landlords can still prohibit

Winterization and Cold Weather

• Colorado winters can be harsh – address winterization in lease
• Specify who pays for heating and snow removal
• Include tenant responsibility to maintain adequate heat to prevent frozen pipes
• Clarify walkway and driveway snow removal duties
• Consider requiring renter’s insurance for cold weather damage

High Altitude Considerations

• Disclose altitude if property is above 8,000 feet
• May need special provisions for water pressure, HVAC systems
• Address potential health concerns for some tenants

Local Ordinances

Many Colorado cities have additional requirements: