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Free Colorado Residential Lease Agreement

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A configurable Colorado residential lease agreement that generates a signable multi-page PDF. Built to current Colorado law — the two-month deposit maximum, the thirty-day return that replaced “one month” on January 1, and the two bold-faced habitability statements every Colorado lease must carry.

Colorado C.R.S. 38-12 30-Day Return Free PDF 2026 Edition
Updated Q3 2026 By Tenant Screening Background Check Editorial Team Scope Colorado ~14 min read

A Colorado residential lease agreement is the written contract between a landlord and a residential tenant, governed not by a uniform act but by C.R.S. Title 38, Article 12 together with the forcible entry and detainer statutes at C.R.S. Title 13, Article 40. That distinction matters more than it sounds. Colorado never adopted the Uniform Residential Landlord and Tenant Act, so nothing carries over from a neighbouring uniform-act state, and the rules instead sit in separate parts of the code that the legislature has rewritten repeatedly since 2019. Two of those rewrites took effect on January 1, 2026: House Bill 25-1249 replaced the old one-month deposit deadline in C.R.S. 38-12-103 with a hard thirty days and barred deductions for damage that preexisted the tenancy, and House Bill 25-1090 created C.R.S. 6-1-737, which forbids a landlord to charge a tenant for common area maintenance, property taxes, or anything the landlord needed to do anyway. A lease copied from a template last updated in 2025 is already wrong on both.

Colorado Lease Rules at a Glance

Security Deposit Maximum

2 Months

Deposit Return

30 Days

Month-to-Month Notice

21 Days

Cause to Evict

Required

The change most Colorado templates have not caught up with: C.R.S. 38-12-103(1) now requires the deposit back within thirty days, not “one month”, and a lease may extend that only to sixty days. The same rewrite swapped wilful retention for wrongful retention as the trigger for treble damages.

Four Colorado Rules That Catch Landlords Out

First, the deposit deadline moved. C.R.S. 38-12-103(1) has said thirty days since January 1, 2026; every ranking template page still says one month, and so do the codified mirrors those pages cite. Second, you cannot deduct for damage that was already there — the same subsection bars retention for normal wear and tear or for any damage or defective condition that preexisted the tenancy, and C.R.S. 38-12-103(7) voids any lease clause that tries to charge the tenant for it anyway. Third, a Colorado lease has to say two specific things in twelve-point bold type, and one of them must appear in English and Spanish (C.R.S. 38-12-505(3)(c) and (3)(d)). Fourth, a one-way attorney-fee clause is void under C.R.S. 38-12-801(3)(a)(II), along with jury-trial waivers, class-action waivers and any clause that calls a non-rent charge “rent” so that eviction remedies attach.

How to Fill Out This Colorado Lease Agreement

The Seven-Step Colorado Sequence

1. Name the landlord or the authorized agent

C.R.S. 38-12-801(2) requires the written rental agreement to state the name and address of the person who is the landlord or the landlord’s authorized agent. If that identity changes mid-tenancy, the new landlord or agent has one business day to notify each tenant or post the new identity conspicuously on the premises.

2. Describe the premises and choose the term

Enter the address, county and property type. Property type decides one thing outright: the exception in C.R.S. 38-12-506 that lets a tenant take on repairs is available only for an unsubsidised single-family residence, and only by a separate signed writing.

3. Set rent, the late fee and the demand track

C.R.S. 38-12-105 caps the late fee at the greater of fifty dollars or five percent of the past-due rent, and forbids charging anything until rent is at least seven calendar days late. The demand track matters too: ten days for a standard residential agreement, five for an exempt residential agreement, three for employer-provided housing.

4. Total the deposit against the two-month maximum

C.R.S. 38-12-102.5 caps the deposit at two monthly rent payments. Because C.R.S. 38-12-102 counts any advance of money regardless of its denomination whose primary function is to secure performance, a refundable pet deposit sits inside the same maximum — which is why the form keeps them in separate fields.

5. Choose the deposit return period

Thirty days is the statutory default. A lease may state a longer period, but not more than sixty days, and stating nothing means thirty. The generated lease records whichever you pick so the deadline is written into the document rather than argued about later.

6. Check the disclosures Colorado requires

The two twelve-point bold-faced habitability statements, the landlord or agent identification, the source-of-income statement, the radon disclosure, and the bed bug history. The reporting-address statement must be given in English and Spanish, so the form asks for the address and the e-mail or portal separately.

7. Generate, sign, and hand over a signed copy within seven days

Download the multi-page PDF and sign. No witnesses and no notary are needed. C.R.S. 38-12-801(1) does require the landlord to give the tenant a copy signed by both parties no later than the seventh day after the tenant signed it — electronically unless the tenant asks for paper.

Build Your Colorado Residential Lease Agreement

Complete the fields below to generate a Colorado residential lease agreement as a signable multi-page PDF. Every field you fill is written into the document, including the utility allocations, the deposit return period, the demand track and each disclosure you check, and the generated lease cites the controlling Colorado section at each point. Before handing over keys, run proper tenant screening — and note that Colorado regulates the screening stage too, from application fees to the portable tenant screening report. Pair the signed lease with a Colorado move-in / move-out checklist, because the preexisting-damage bar is only as strong as the record of what the unit looked like on day one.

Colorado Residential Lease Agreement Builder

1. Parties

2. Premises

3. Term

4. Rent

5. Security Deposit — capped at two months’ rent

C.R.S. 38-12-102.5 caps a security deposit at two monthly rent payments, and C.R.S. 38-12-102 counts any advance of money regardless of its denomination whose primary function is to secure performance — so a refundable pet deposit sits inside the same maximum. Since January 1, 2026 the return deadline is thirty days, extendable by this lease to no more than sixty.

6. Utilities & Services

Assign each utility. Every selection is written into the generated lease. From January 1, 2026 C.R.S. 6-1-737 bars a charge for common area maintenance, for property taxes, for anything needed to meet the landlord’s own habitability duty, or for a service not actually provided.

7. Landlord Entry

Colorado sets no general notice-to-enter rule, so the number below is a term of the lease rather than a statute. The one statutory notice is at least twenty-four hours in writing before entering to remedy a reported uninhabitable condition (C.R.S. 38-12-503).

8. Colorado Disclosures

Colorado requires six things in or before a residential lease: the two twelve-point bold-faced habitability statements (one of them in English and Spanish), the landlord or agent identification, the source-of-income statement, the radon disclosure, and the bed bug history on request. Lead paint is federal.

9. Other Provisions

Colorado does not simply permit a reciprocal attorney-fee clause — C.R.S. 38-12-801(3)(a)(II) requires that any fee clause run to the prevailing party, after a court finds the party prevailed and the fee is reasonable. The option below generates only that clause.

What Types of Colorado Lease Agreement Are There?

Colorado recognizes the usual range of residential arrangements. A fixed-term lease runs for a stated period; a periodic tenancy renews each period until one side gives notice; a room or roommate agreement covers one room in an occupied dwelling; a sublease passes the tenant’s interest onward while leaving the original tenant liable; and a lease-to-own agreement adds a purchase option that sits outside the residential rules.

Two categories fall outside this form. A commercial lease is not governed by the residential provisions of Article 12 at all. And a mobile home space in a mobile home park runs under its own statutory scheme in Part 2 of the same article, which is why C.R.S. 38-12-1302(1)(c) expressly carves it out of the cause-for-eviction rules and C.R.S. 38-12-103(12) carves it out of the walk-through and carpet provisions.

One drafting note that surprises people: Colorado does not require a residential lease to be in writing at all, except that C.R.S. 38-10-108 makes a lease for a term longer than one year void unless it is in writing and signed by the party granting it. But an oral Colorado tenancy is a bad idea for a different reason — several of the duties in Article 12 attach to a written rental agreement. The mandatory habitability statements, the landlord identification and the source-of-income statement all live in provisions that speak to what a written agreement must contain, and C.R.S. 38-12-701(2)(a) gives a tenancy with no written agreement a sixty-day rent-increase notice period that a written lease does not carry. Writing it down is how both sides know which rules they are under.

How Much Can a Colorado Landlord Charge for a Security Deposit?

No more than two monthly rent payments. C.R.S. 38-12-102.5 provides that on and after August 7, 2023 a landlord shall not require a tenant to submit a security deposit in an amount that exceeds the amount of two monthly rent payments under the rental agreement.

The definition does the heavy lifting. C.R.S. 38-12-102 defines a security deposit as any advance or deposit of money, regardless of its denomination, the primary function of which is to secure the performance of a rental agreement. Relabelling therefore does not help: a refundable pet deposit, a move-in deposit, a key deposit or a “damage bond” is a security deposit if its job is to secure performance, and all of it counts toward the same two-month ceiling.

One live piece of misinformation deserves naming. A widely repeated claim in 2026 is that the maximum dropped to one month’s rent. It did not. That reduction appeared in early drafts of House Bill 25-1249 and was dropped before enactment; the enrolled act amends only C.R.S. 38-12-102 and C.R.S. 38-12-103, and leaves C.R.S. 38-12-102.5 untouched. The two-month maximum stands. Our Colorado security deposit laws guide tracks the section as it changes.

How Long Does a Colorado Landlord Have to Return the Deposit?

Thirty days — not one month. C.R.S. 38-12-103(1), as rewritten by House Bill 25-1249 with effect from January 1, 2026, requires the landlord to return the full security deposit within thirty days after the termination of the lease or the surrender of the premises, whichever occurs last, unless the lease specifies a longer period, which may not exceed sixty days.

The wording change is not cosmetic. “One month” floated with the calendar; thirty days does not, and a February move-out now carries a shorter absolute deadline than it used to. Where actual cause exists to retain part of the deposit, the landlord must deliver a written statement listing the exact reasons, together with the balance owed and any relevant documentation, and may satisfy that by sending it to the tenant’s last-known address or to an e-mail address the landlord has actual notice of.

What may be deducted narrowed at the same time. A deposit may not be retained for normal wear and tear or for any damage or defective condition that preexisted the tenancy, and the permitted grounds are now an exhaustive list: unpaid rent, unpaid utility charges, repair work or cleaning the tenant contracted for, other lawful charges listed in the lease, and necessary repair work for damage beyond normal wear and tear that did not preexist the tenancy. Build the itemization with our Colorado security deposit itemization form.

What Happens If a Colorado Landlord Keeps the Deposit Wrongly?

Treble damages, attorney fees and court costs — and the standard is easier for the tenant to meet than it used to be. C.R.S. 38-12-103(3) previously attached that liability to wilful retention. It now attaches to wrongful retention, which removes the state-of-mind argument that used to decide these cases.

C.R.S. 38-12-103(2.5) then spells out four ways retention is deemed wrongful: the landlord fails to deliver the written statement and required documentation on time; the statement does not list the exact reasons; the balance is not returned within the period; or the retention is in bad faith. And C.R.S. 38-12-103(3.5) defines bad faith to include retaining an amount that unreasonably exceeds actual damages, retaining without actual cause, retaining an amount the landlord knew or should have known exceeded actual damages, or retaining for an unlawful, retaliatory or discriminatory purpose — with a presumption that the amount unreasonably exceeds actual damages once it reaches one hundred twenty-five percent of them.

Two procedural points balance it. The tenant must give the landlord a demand and notice of intention to file legal proceedings at least seven days before filing, and may sue for treble damages only if the landlord still fails to return the deposit within those seven days. And a landlord who acted in good faith, complied with every requirement, and is simply found to have retained slightly too much is liable only for the excess and court costs.

Two more sub-rules are worth knowing before a move-out inspection. Either party may request a walk-through inspection under C.R.S. 38-12-103(1.5), in person or by an interactive telecommunication-assisted walk-through, to identify in writing any damage beyond normal wear and tear that did not preexist the tenancy — and at a tenant’s request the landlord must provide one, at a mutually convenient time, after the tenant has had the chance to remove furniture. And under C.R.S. 38-12-103(11) a landlord has no actual cause to charge for replacing carpet throughout the unit unless the damage is substantial and irreparable, and may not call carpet substantially and irreparably damaged at all if it has not been replaced with new carpet within the preceding ten years.

How Much Late Fee Can a Colorado Landlord Charge?

The greater of fifty dollars or five percent of the past-due rent payment, under C.R.S. 38-12-105 — and nothing at all until rent is at least seven calendar days late.

The section goes further than a cap. The fee must be disclosed in the rental agreement and charged by written notice within one hundred eighty days after the due date. A landlord may not impose more than one late fee for a single late payment, may not charge interest on a late fee, and may not deduct a late fee from a rent payment — that last one matters, because deducting the fee first turns a paid month into a partly unpaid one and manufactures a nonpayment case. Most importantly, a landlord may not remove a tenant or terminate a tenancy because a late fee is unpaid, and a tenant may raise a violation of the section as a defence in an eviction. See Colorado late fee laws.

The deepest page currently ranking for this query states in one section that “in Colorado, there is no limit on late fees” and then states the cap correctly two screens further down. Both sentences are on the same page. The cap is real.

What Fees Can a Colorado Landlord No Longer Charge?

This is the newest layer and no ranking page carries it. C.R.S. 6-1-737(4), created by House Bill 25-1090 and in force from January 1, 2026, provides that a landlord or the landlord’s agent shall not require a tenant to pay a fee, charge or amount:

  • for the maintenance of common areas — the provision that ends the common-area-maintenance pass-through in residential leases;
  • related to the payment of property taxes;
  • for a good, service or property necessary to comply with the landlord’s own obligations, expressly including the duty to provide a habitable living environment under C.R.S. 38-12-503;
  • for a good, service or property not actually provided;
  • related to the processing of rent where no means of payment that is cost-free to the tenant is reasonably accessible;
  • related to the overdue payment of something that is not rent;
  • that increases by more than two percent over a rental agreement of one year or less, other than the cost of utilities supplied to the unit;
  • above the amount the utility provider charged for service to the unit, except within the narrow markup allowance discussed below;
  • above the total price of the good, service or property for which it is charged.

The markup allowance is in C.R.S. 38-12-801(3)(a)(VI): where the landlord is billed by a third party for a service and passes it through, any markup or fee may not exceed two percent of the amount the landlord was billed, or a total of ten dollars per month — but not both. The same act amended that subparagraph so that any fee violating C.R.S. 6-1-737 is itself a prohibited lease clause, which means a rent-processing fee or a common-area charge written into a Colorado lease is now void twice over.

The section also carries a pricing rule. The advertised price must be the total price disclosed as a single number, more prominently than any other pricing information, with mandatory and unavoidable amounts folded in; the actual cost a utility provider charges for service to the unit is the one thing a landlord need not fold in. A violation is a deceptive, unfair and unconscionable act, and an aggrieved tenant may send a written demand for reimbursement and actual damages, with interest running if the landlord does not make full tender within fourteen days.

What Does Colorado’s Warranty of Habitability Require?

C.R.S. 38-12-503 deems the landlord to warrant that the residential premises is fit for human habitation at the inception of the tenant’s occupancy and will be maintained that way throughout. The warranty is breached where the premises is uninhabitable or a condition materially interferes with the tenant’s life, health or safety, the landlord has notice, and the landlord fails to act in time.

The clocks are specific. After receiving notice the landlord must contact the tenant within twenty-four hours — seventy-two hours where an environmental public health event makes the premises inaccessible — must commence remedial action within twenty-four hours where the condition materially interferes with life, health or safety and within seventy-two hours for any other uninhabitable condition, and must give at least twenty-four hours’ written notice before entering to do the work. Serious conditions can also trigger a duty to provide comparable housing or a hotel room at no cost.

C.R.S. 38-12-505(1) supplies the content. A premises is uninhabitable where there is mold associated with dampness that materially interferes with health or safety, or where it substantially lacks any of a long list of characteristics: functioning appliances; waterproofing and weather protection with unbroken windows and doors; working plumbing or gas facilities; running water and adequate hot water connected to approved sewage disposal; working heat; electrical lighting with proper wiring; common areas kept reasonably clean and free from debris and pests; appropriate extermination; adequate exterior garbage receptacles; sound floors, stairways, elevators and railings; locks on exterior doors and security devices on openable windows; compliance with applicable building, housing and health codes; compliance with the applicable environmental cleanup standards; remediation of any methamphetamine laboratory; compliance with the radon requirements; and compliance with the portable cooling device subsection. Anything otherwise unfit for human habitation qualifies too. Our Colorado habitability laws guide works through the list, and the Colorado warranty of habitability disclosure puts the required statements on their own page.

One provision inside that list is easy to miss and increasingly litigated. C.R.S. 38-12-505(7) provides that a landlord shall not prohibit or restrict a tenant from installing or using a portable cooling device, and gives only four grounds for restricting one: it would violate building codes or state or federal law, violate the manufacturer’s written safety guidelines, damage the premises or render it uninhabitable, or exceed the electrical capacity of the premises, the unit or the circuit. A landlord who restricts on capacity grounds must prioritise a tenant who needs the device as a disability accommodation, must disclose the restriction in writing, and must either say that cooled common space will be operated during an extreme heat event or point to community cooling spaces within ten miles.

Who Repairs What in a Colorado Rental?

The default is that habitability is the landlord’s job and cannot be handed to the tenant. Colorado allows exactly one exception, and it is narrow. Under C.R.S. 38-12-506, for a single-family residence for which the landlord receives no governmental subsidy, the landlord and tenant may agree that the tenant performs specified repairs, maintenance, alterations or remodeling necessary to comply with C.R.S. 38-12-503 — but only where the agreement is made in good faith, is set out in a writing separate from the lease, is signed by both parties, is supported by adequate consideration, and the tenant has the requisite skills. No such agreement may cover work that would endanger the tenant’s health or safety.

That is why this form asks for the property type before it asks about maintenance: for anything other than an unsubsidised single-family home, the exception simply is not available, and a maintenance-shifting clause is ineffective however carefully it is drafted.

When the landlord does not act, C.R.S. 38-12-507 gives the tenant six routes rather than one. The tenant may terminate the lease without further liability on written notice; terminate where the condition recurs within six months of being remedied; repair and deduct after giving notice — ten days, or forty-eight hours where health or safety is at stake; sue or counterclaim for actual damages, court costs, attorney fees and in an appropriate case punitive damages; obtain injunctive relief including an order of specific performance; and raise the breach as an affirmative defence to an action for possession or for rent, without posting a bond. A dated Colorado maintenance request form is what turns a complaint into notice for these purposes.

How Much Notice Must a Colorado Landlord Give to Enter?

Colorado has no general notice-to-enter statute. This is one of the places where a state without a uniform act simply lacks a rule the neighbouring states have, and the rankers are half-right when they say no notice is required. What they miss is the exception, and the consequence.

The exception is that C.R.S. 38-12-503 requires the landlord to provide the tenant with written notice at least twenty-four hours in advance of entry where the landlord is entering to inspect or remedy a condition the tenant has reported as uninhabitable, subject to an imminent-threat carve-out. That covers a large share of real-world entries, because most entries follow a repair request.

The consequence is that for every other entry, the lease is the only rule there is. That makes the entry clause load-bearing in a way it is not in Arizona or Florida, and it is why the form above makes the notice period a selectable term rather than a restatement of a statute. There is a backstop: repeated entry without notice or for trivial reasons can breach the covenant of quiet enjoyment, and C.R.S. 38-12-801(3)(a)(III) forbids a Colorado lease to waive that covenant, so a landlord cannot draft the problem away. See Colorado landlord entry laws and give notice with a Colorado notice to enter.

Does Colorado Require Cause to Evict a Tenant?

Yes, for a covered residential tenancy. House Bill 24-1098 took effect on April 19, 2024 and added Part 13 to Article 12. Under C.R.S. 38-12-1303 a landlord may not evict or refuse to renew without cause, which means the expiry of a fixed term is no longer, by itself, a reason a tenant has to leave.

Fault grounds are the unlawful detention grounds already in C.R.S. 13-40-104(1) — nonpayment, a substantial violation, a repeated violation after notice, nuisance or damage, and the rest. The six no-fault grounds are: demolition or conversion of the premises; substantial repairs or renovations; occupancy by the landlord or the landlord’s family; withdrawal of a single-family property for sale; the tenant’s refusal of a reasonable new rental agreement; and a history of paying rent late more than twice during the term. Each requires written notice given at least ninety days before the tenant must vacate — reduced to forty-five days for an active-duty service member in the landlord-occupancy ground — and the notice must state the legal and factual basis for it. Serve one with a Colorado notice of non-renewal.

The part everyone omits is who is not covered. C.R.S. 38-12-1302 disapplies Part 13 to a short-term rental property; to a dwelling in a single-family home with or without an accessory dwelling unit, a duplex or a triplex where the owner or master tenant lives in it or in an adjacent property as a primary residence and it is not a multifamily property of four or more units; to a mobile home space; to an employer-provided housing agreement; to a tenant who has not been a tenant of the premises for at least twelve months; and to a person not known to the landlord to be a tenant. A small owner-occupied Colorado landlord is often outside the cause requirement entirely, and a tenant in the first year of a tenancy usually is too.

If a landlord evicts in violation of Part 13 and the tenant loses possession without a court order, C.R.S. 38-12-1304 routes the tenant to the remedies in C.R.S. 38-12-510 — which are severe, as the next section explains. Our Colorado eviction notice laws guide covers the sequence.

What Notice Comes Before an Eviction in Colorado?

Colorado tiers its demand periods by the kind of agreement, which no other state in this family does in quite the same way. Under C.R.S. 13-40-104(1)(d), for a residential agreement the demand for rent or possession runs ten days. For an exempt residential agreement — defined as a single-family home let by a landlord who owns five or fewer single-family rental homes and who states in the agreement that the ten-day period does not apply — it runs five days. For a nonresidential agreement or an employer-provided housing agreement it runs three days. The exemption is not automatic: a landlord who qualifies but never wrote the sentence into the lease is on the ten-day track. Use the Colorado ten-day notice to pay rent or quit or the five-day version accordingly.

The same tiering applies to a violation of a material condition or covenant of the lease other than nonpayment, so a lease-violation notice is a Colorado ten-day notice to comply in the standard residential case. A substantial violation runs under C.R.S. 13-40-107.5 instead.

How Does a Colorado Tenancy End?

The notice ladder in C.R.S. 13-40-107 runs by the length of the tenancy: at least 91 days for a tenancy of one year or longer; at least 28 days for six months or longer but less than a year; at least 21 days for one month or longer but less than six months, which is the ordinary month-to-month case; at least 3 days for one week or longer but less than one month, or a tenancy at will; and at least one day for a tenancy of less than a week.

The most common single error in Colorado coverage lives here. The deepest ranking page says a month-to-month tenancy takes twenty-eight days‘ notice, then correctly lists twenty-one days for a one-to-six-month tenancy in its own table a few paragraphs later. Twenty-one days is the month-to-month number. Serve it with a Colorado 21-day notice to terminate a month-to-month tenancy.

The second point is structural and post-dates most coverage. Since House Bill 24-1098, the landlord’s side of C.R.S. 13-40-107 is available only for nonresidential property or for a residential premises exempt under C.R.S. 38-12-1302. A tenant of any property may still use it. So for a covered residential tenancy, giving twenty-one days’ notice is necessary but not sufficient — the landlord also needs a ground under C.R.S. 38-12-1303. See Colorado lease termination laws and Colorado breaking-lease laws for the tenant’s routes out.

How Do Colorado Rent Increases Work?

Two rules, both short. C.R.S. 38-12-702 provides that in residential tenancies a landlord shall not increase rent more than one time in any twelve-month period of consecutive occupancy by the tenant — regardless of whether there is a written agreement, regardless of the length of the tenancy, and regardless of whether the tenancy is fixed, month-to-month or indefinite. The frequency limit does not depend on the paperwork.

The notice period does. C.R.S. 38-12-701(2) requires at least sixty days‘ written notice of a rent increase in a residential tenancy in which there is no written agreement, and forbids a landlord to terminate such a tenancy by notice with the primary purpose of raising rent in a way inconsistent with that section. A written lease sets its own terms for the fixed period, so this is one of the few places where being unwritten gets the tenant more protection, not less. Colorado also preempts local rent control, so no Colorado city sets a ceiling on the amount. See Colorado rent increase laws and the Colorado rent increase notice.

What Happens If a Colorado Landlord Locks a Tenant Out or Retaliates?

Colorado attaches unusually large statutory damages to both, and neither figure appears on any page currently ranking for this query.

Unlawful removal — C.R.S. 38-12-510. A landlord may not remove or exclude a tenant without resorting to court process, and unlawful removal expressly includes the wilful termination of utilities and the wilful removal of doors, windows or locks other than as required for repair or maintenance. Statutory damages are the tenant’s actual damages plus the higher of three times the monthly rent or five thousand dollars, together with attorney fees and costs, and the court may order possession restored. This is also the remedy Part 13 points to when a landlord evicts without cause.

Retaliation — C.R.S. 38-12-509. A landlord may not raise rent, decrease services, terminate or refuse to renew without the tenant’s written consent, bring or threaten a possession action, intimidate, harass or discriminate, or charge any fee, cost or penalty, in response to a good-faith complaint about a condition, to the tenant organizing or joining a tenants’ association, or to the tenant exercising a remedy under C.R.S. 38-12-507. The causation standard is deliberately low: the tenant need only show that the protected activity was a motivating factor, not the sole reason. Damages are not more than three months’ periodic rent or three times actual damages, whichever is greater, plus attorney fees and costs, and the tenant may terminate the agreement. Retaliation may also be raised as a defence to a possession action, including one based on the expiry of the agreement.

Which Lease Clauses Are Void in Colorado?

C.R.S. 38-12-801(3)(a) lists eight, and a Colorado lease that contains one does not merely risk being unenforceable in that respect — subsection (3)(b) says the provision is void and unenforceable. A written rental agreement must not include:

  • A clause assigning a penalty to a party stemming from an eviction notice or an eviction action resulting from a violation of the agreement.
  • A one-way, fee-shifting clause that awards attorney fees and court costs to only one party. Any fee-shifting clause must award fees to the prevailing party, after the court determines that the party prevailed and that the fee is reasonable.
  • A waiver of the right to a jury trial except in a hearing on possession alone, of the ability to pursue a joint or class action, of the implied covenant of good faith and fair dealing, of the implied covenant of quiet enjoyment, or of a mandatory mediation obligation.
  • A provision penalising failure to give notice of non-renewal beyond the landlord’s actual losses.
  • A provision characterizing any amount or fee as “rent”, other than the set monthly payment for occupancy, so that all rent remedies including eviction become available. Utility and service charges are named specifically.
  • A provision requiring a markup above two percent of a third-party bill, or above ten dollars a month, or any fee that violates C.R.S. 6-1-737.
  • A provision allowing a possession action based solely on non-payment of utilities by a tenant in a voucher program.
  • A provision allowing the landlord to recoup the cost of mandatory mediation.

The fee-shifting rule deserves a second look because it is easy to mis-describe. Colorado has not banned attorney-fee clauses, and it has not created an exception to a ban either. It has imposed mandatory reciprocity: you may have a fee clause, and if you do, it must run to whichever party prevails, and the court must also find the fee reasonable. The optional fee clause in the form above generates only that version. Two further duties sit in the same section: under subsection (1) the landlord must give the tenant a copy signed by both parties no later than the seventh day after the tenant signed it, and under subsection (2) the agreement must name the landlord or authorized agent and give an address.

Which Disclosures Does Colorado Actually Require?

Six under state law, plus one federal — and two of the six are statements the statute dictates almost word for word.

Right to safe and healthy housing — C.R.S. 38-12-505(3)(c). On and after January 1, 2025 every rental agreement must include a statement, in at least twelve-point, bold-faced type, that every tenant is entitled to safe and healthy housing under Colorado’s warranty of habitability and that a landlord is prohibited by law from retaliating against a tenant in any manner for reporting unsafe conditions, requesting repairs, or seeking to enjoy that right.

Where to report an uninhabitable condition — C.R.S. 38-12-505(3)(d). On and after the same date every rental agreement must include a statement, in English and Spanish and in at least twelve-point bold-faced type, giving an address where the tenant can mail or personally deliver written notice of an uninhabitable condition and an e-mail address or accessible online tenant portal where the tenant can deliver the same notice. The bilingual requirement is the part template pages leave out.

Landlord or authorized agent identification — C.R.S. 38-12-801(2). The name and address of the person who is the landlord or the landlord’s authorized agent, with one business day to notify or post a change.

Source-of-income discrimination — C.R.S. 38-12-801(2.5). A statement that C.R.S. 24-34-502(1) prohibits discrimination against a prospective tenant based on source of income. A landlord with five or fewer rental units is exempt, which is why the form makes it a checkbox.

Elevated radon — C.R.S. 38-12-803. Before the lease is signed the landlord must give a written radon disclosure with the statutory warning, any known test results and concentrations, a description of any radon detected or remediation performed, and information about any installed mitigation system, and the tenant signs an acknowledgment. Our Colorado radon gas disclosure form handles it on its own page.

Bed bug history — C.R.S. 38-12-1005. A landlord may not offer for rent a unit the landlord knows or reasonably suspects to contain bed bugs, and on request must disclose whether the unit contained them within the previous eight months and the last date it was inspected and found free of them. Because the duty is triggered by a request, putting the answer in the lease closes the question before it is asked. Our Colorado bed bug disclosure covers it, and C.R.S. 38-12-1003 puts the cost of inspection and treatment on the landlord with treatment to begin within five business days of a positive inspection.

Lead-based paint — federal, 42 U.S.C. 4852d. Any dwelling built before 1978 requires the federal disclosure, the EPA pamphlet and any known records. Our Colorado lead-based paint disclosure form handles it.

Colorado does not require a flood-risk, military ordnance, pending demolition, sex-offender registry, asbestos or shared-utility disclosure in a residential lease. Each of those comes from another state’s statute book. Mold is a special case: there is no mold disclosure statute, but under C.R.S. 38-12-505(1)(a) mold associated with dampness that materially interferes with health or safety makes the premises uninhabitable, which is a stronger rule than a disclosure would be.

Colorado Lease Statute Reference Table

SubjectColorado RuleCitation
Security deposit maximumTwo monthly rent payments; any advance securing performance counts regardless of its denominationC.R.S. 38-12-102.5; 38-12-102
Deposit return30 days after termination or surrender, whichever is last; lease may extend to no more than 60 daysC.R.S. 38-12-103
Deposit deductions barredNormal wear and tear, and any damage or defective condition that PREEXISTED the tenancyC.R.S. 38-12-103
Wrongful retentionTreble damages, attorney fees and costs; 7 days notice before suit; landlord bears the burdenC.R.S. 38-12-103
Walk-through, carpet and paintInspection on request; no whole-unit carpet charge; carpet not replaced within 10 years is not irreparably damagedC.R.S. 38-12-103
Gas hazard72 hours excluding weekends and holidays to repair; tenant may vacate and the lease becomes voidC.R.S. 38-12-104
Late feesGreater of fifty dollars or five percent of past-due rent; none until rent is 7 calendar days late; no eviction for an unpaid late feeC.R.S. 38-12-105
Warranty of habitabilityFit for human habitation at inception and throughout; 24-hour contact; 24 or 72 hours to commence remedy; 24 hours written notice to enterC.R.S. 38-12-503
Uninhabitable conditionsMold with dampness, the listed characteristics, and the portable cooling device rightC.R.S. 38-12-505
Mandatory lease statementsSafe-and-healthy-housing statement and the reporting address, both 12-point bold, the second in English and SpanishC.R.S. 38-12-505
Tenant repair agreementUnsubsidised single-family only, by separate signed writing with consideration and requisite skillsC.R.S. 38-12-506
Tenant remediesTerminate, terminate on recurrence, repair and deduct, damages, injunction, affirmative defenceC.R.S. 38-12-507
RetaliationMotivating-factor standard; 3 months rent or treble actual damages, whichever is greater, plus feesC.R.S. 38-12-509
Unlawful removalActual damages plus the higher of treble monthly rent or five thousand dollars; possession may be restoredC.R.S. 38-12-510
Rent increase notice60 days where there is no written agreementC.R.S. 38-12-701
Rent increase frequencyOnce in any 12-month period of consecutive occupancy, whatever the form of the tenancyC.R.S. 38-12-702
Prohibited lease clausesEight kinds, including one-way fee shifting and calling a non-rent charge rent; void and unenforceableC.R.S. 38-12-801
Signed copy of the leaseTo the tenant no later than the 7th day after the tenant signed; paper on requestC.R.S. 38-12-801
Payment receiptsContemporaneous for in-person cash or money order; within 7 days on request otherwiseC.R.S. 38-12-802
Radon disclosureWritten disclosure with warning, known results and mitigation, before signing, with acknowledgmentC.R.S. 38-12-803
Landlord fees prohibitedNo common area maintenance, property tax, habitability-compliance, not-provided or rent-processing feesC.R.S. 6-1-737
Rental application feeActual or average cost only, equal for every applicant, none where a portable screening report is suppliedC.R.S. 38-12-903
Bed bug historyNo renting a known or suspected infested unit; 8-month history and last clear inspection on requestC.R.S. 38-12-1005
Cause required to evictFault grounds plus six no-fault grounds, each on 90 days notice stating the legal and factual basisC.R.S. 38-12-1303
Who is exempt from causeShort-term rentals, owner-occupied 1-3 unit property, mobile home spaces, employer housing, tenants under 12 monthsC.R.S. 38-12-1302
Eviction without causeTenant who loses possession without a court order gets the unlawful-removal remediesC.R.S. 38-12-1304
Demand for rent10 days residential; 5 days exempt residential agreement; 3 days nonresidential or employer housingC.R.S. 13-40-104
Notice to terminate91 / 28 / 21 / 3 / 1 days by tenancy length; landlord side limited to exempt premises since 2024C.R.S. 13-40-107

Common Mistakes on Colorado Lease Agreements

  • Writing “one month” for the deposit return. C.R.S. 38-12-103(1) has said thirty days since January 1, 2026, with sixty days the outer limit a lease may set.
  • Charging the outgoing tenant for damage that was already there. Barred by the same subsection, and C.R.S. 38-12-103(7) voids the lease clause that tries it.
  • Billing a whole new carpet at move-out. C.R.S. 38-12-103(11) requires substantial and irreparable damage, and carpet not replaced within the preceding ten years cannot be treated as irreparably damaged at all.
  • Assuming treble damages still require wilfulness. The trigger is wrongful retention, and four failures are deemed wrongful automatically.
  • Taking a pet deposit on top of a full two-month deposit. C.R.S. 38-12-102 counts it toward the same maximum regardless of what it is called.
  • Charging a late fee on day two. C.R.S. 38-12-105 allows none until rent is at least seven calendar days late, and forbids eviction over an unpaid late fee.
  • Passing common area maintenance through to residents. Prohibited by C.R.S. 6-1-737(4) from January 1, 2026, along with property-tax and rent-processing fees.
  • Omitting the twelve-point bold habitability statements. Both are mandatory under C.R.S. 38-12-505(3), and one must appear in English and Spanish.
  • Copying a one-sided attorney-fee clause. Void under C.R.S. 38-12-801(3)(a)(II); only a reciprocal prevailing-party clause survives.
  • Calling utility charges “rent” so eviction remedies attach. Expressly void under C.R.S. 38-12-801(3)(a)(V).
  • Serving a 28-day notice to end a month-to-month tenancy. C.R.S. 13-40-107(2)(c) sets twenty-one days.
  • Relying on lease expiry alone to end a covered tenancy. C.R.S. 38-12-1303 requires cause, and the no-fault grounds each need ninety days notice with the legal and factual basis stated.
  • Assuming the five-day demand track applies automatically. An exempt residential agreement must say so in the agreement, or the ten-day period governs.
  • Skipping the radon disclosure. C.R.S. 38-12-803 requires it before signing, with the tenant’s acknowledgment.
  • Banning a portable air conditioner. C.R.S. 38-12-505(7) permits a restriction on four grounds only.

Tenant Screening — the First Line of Defense

A well-drafted lease decides who wins a dispute; screening decides whether there is one. Colorado puts unusually large numbers on the landlord’s own compliance — treble damages on a deposit, treble rent or five thousand dollars on a lockout, three months’ rent on retaliation — and since 2024 it has also made ending a tenancy harder, which raises the cost of choosing the wrong tenant in the first place. Colorado also regulates the screening stage itself, from what a rental application fee may cover under C.R.S. 38-12-903 to the portable tenant screening report a landlord must accept. Verifiable income, a clean payment history and no prior eviction filings remain the strongest predictors of a quiet tenancy. Our tenant screening report covers credit, eviction filings, criminal background and employment verification, and our Colorado tenant screening laws guide covers what the state allows you to consider. Screen first, then paper the tenancy with this lease.

Bottom line

Colorado never adopted the uniform act, so its lease rules sit in C.R.S. Title 38, Article 12 and Title 13, Article 40 — and they have moved recently. Security is capped at two monthly rent payments however the money is labelled. The deposit is due back in thirty days, extendable by the lease to no more than sixty, with nothing deductible for wear and tear or for damage that preexisted the tenancy, and wrongful retention now carries treble damages. Late fees are capped and cannot start before rent is seven days late. Every lease must carry two twelve-point bold statements, one of them in English and Spanish. Ordinary entry is governed by the lease because Colorado has no general entry statute, but habitability repairs take twenty-four hours’ written notice. A month-to-month tenancy ends on twenty-one days, and for a covered tenancy the landlord also needs cause. A fee clause is allowed only if it runs to the prevailing party.

Frequently Asked Questions

How much can a Colorado landlord charge for a security deposit?

No more than two monthly rent payments. C.R.S. 38-12-102.5 provides that on and after August 7, 2023 a landlord shall not require a tenant to submit a security deposit exceeding two monthly rent payments under the rental agreement. C.R.S. 38-12-102 defines a security deposit as any advance of money regardless of its denomination whose primary function is to secure performance, so a refundable pet deposit counts toward the same maximum. The widely repeated claim that the maximum fell to one month is wrong; that change was dropped from House Bill 25-1249 before it was enacted.

How long does a Colorado landlord have to return a security deposit?

Thirty days. C.R.S. 38-12-103(1), as rewritten with effect from January 1, 2026, requires return within thirty days after termination of the lease or surrender of the premises, whichever occurs last, unless the lease specifies a longer period, which may not exceed sixty days. Pages that still say “one month” are quoting the pre-2026 text, and so are several codified mirrors that had not been updated when this page was verified.

Can a Colorado landlord deduct for damage that was there before the tenancy?

No. C.R.S. 38-12-103(1) now bars retaining any part of a deposit for normal wear and tear or for any damage or defective condition that preexisted the tenancy, and the permitted grounds are an exhaustive list. C.R.S. 38-12-103(7) separately voids any lease provision assigning the tenant a fee or charge for repairs, cleaning or other work due to normal wear and tear or to a preexisting defect. A move-in condition record is what makes the rule usable.

What are the penalties if a Colorado landlord keeps a deposit wrongly?

Treble the amount wrongfully withheld plus reasonable attorney fees and court costs under C.R.S. 38-12-103(3). The trigger is wrongful rather than wilful retention. C.R.S. 38-12-103(2.5) deems retention wrongful where the landlord misses the deadline, omits the exact reasons, fails to return the balance or retains in bad faith, and C.R.S. 38-12-103(3.5) presumes an amount unreasonably exceeds actual damages once it reaches one hundred twenty-five percent of them. The tenant must give at least seven days notice of intention to sue.

How much late fee can a Colorado landlord charge?

The greater of fifty dollars or five percent of the past-due rent payment, under C.R.S. 38-12-105, and none at all until rent is at least seven calendar days late. The fee must be set out in the rental agreement and charged by written notice within one hundred eighty days of the due date. Only one fee may be charged for a single late payment, interest may not be charged on it, it may not be deducted from a rent payment, and a landlord may not evict or terminate because a late fee is unpaid.

How much notice must a Colorado landlord give before entering?

Colorado has no general notice-to-enter statute, so ordinary entry is governed entirely by the lease. There is one statutory exception: under C.R.S. 38-12-503 the landlord must give written notice at least twenty-four hours before entering to inspect or remedy a condition the tenant reported as uninhabitable, unless there is an imminent threat to life, health or safety. Repeated unannounced entry can also breach the covenant of quiet enjoyment, which a Colorado lease may not waive.

Does Colorado require cause to evict a tenant?

Yes, for covered residential tenancies, since House Bill 24-1098 took effect on April 19, 2024. C.R.S. 38-12-1303 lists fault grounds by reference to C.R.S. 13-40-104(1) and six no-fault grounds, each requiring ninety days written notice stating the legal and factual basis. C.R.S. 38-12-1302 exempts short-term rentals, owner-occupied single-family, duplex and triplex property, mobile home spaces, employer-provided housing and any tenant of under twelve months, so a small owner-occupied landlord is often outside the requirement.

How much notice ends a Colorado month-to-month tenancy?

Twenty-one days. C.R.S. 13-40-107(2)(c) sets at least twenty-one days for a tenancy of one month or longer but less than six months, which is the ordinary month-to-month case. Twenty-eight days belongs to a tenancy of six months or longer but less than a year, and ninety-one days to a tenancy of one year or longer. For a covered residential tenancy the landlord also needs cause under C.R.S. 38-12-1303, so the notice alone no longer ends it.

What must a Colorado lease say about habitability?

Two separate statements, both in at least twelve-point bold-faced type, in every rental agreement entered into on or after January 1, 2025. C.R.S. 38-12-505(3)(c) requires a statement that every tenant is entitled to safe and healthy housing under Colorado’s warranty of habitability and that retaliation for reporting unsafe conditions or requesting repairs is prohibited. C.R.S. 38-12-505(3)(d) requires a statement, in English and Spanish, giving a mailing address and an e-mail address or online tenant portal for delivering written notice of an uninhabitable condition.

Which lease clauses are void in Colorado?

C.R.S. 38-12-801(3)(a) voids eight kinds: an eviction-related penalty clause; a one-way fee-shifting clause; a waiver of a jury trial, a class action, the covenant of good faith or the covenant of quiet enjoyment, or of mandatory mediation; a non-renewal penalty above actual losses; a clause characterizing a non-rent charge as rent so eviction remedies attach; a third-party service markup above two percent or ten dollars a month; a possession action based solely on voucher-program utility non-payment; and a clause recouping mediation costs. Subsection (3)(b) makes each void and unenforceable.

Can a Colorado lease make the tenant pay the landlord’s attorney fees?

Not one-sidedly. C.R.S. 38-12-801(3)(a)(II) prohibits a one-way fee-shifting clause awarding attorney fees and court costs to only one party, and requires that any fee-shifting clause award fees to the prevailing party in a court dispute concerning the rental agreement, the residential premises or the dwelling unit, following a determination by the court that the party prevailed and that the fee is reasonable. Colorado imposes reciprocity rather than granting an exception to a ban.

What fees can a Colorado landlord no longer charge?

From January 1, 2026, C.R.S. 6-1-737(4) forbids a landlord to require a tenant to pay a fee for the maintenance of common areas, a fee related to the payment of property taxes, a fee for a good or service necessary to comply with the landlord’s own obligations including habitability under C.R.S. 38-12-503, a fee for a good or service not actually provided, a fee for processing rent where no cost-free means of payment is reasonably accessible, or a fee that increases by more than two percent over a rental agreement of one year or less.

Does a Colorado lease need a radon disclosure?

Yes. C.R.S. 38-12-803 requires the landlord to give the tenant a written radon disclosure before the lease is signed, containing the statutory warning about elevated radon and the availability of mitigation, any known test results and concentrations for the property, a description of any radon detected or remediation performed, and information about any installed radon mitigation system, with the tenant signing an acknowledgment of receipt.

Is a Colorado landlord allowed to ban a portable air conditioner?

Only on four grounds. C.R.S. 38-12-505(7) provides that a landlord shall not prohibit or restrict a tenant from installing or using a portable cooling device except where it would violate building codes or state or federal law, violate the manufacturer’s written safety guidelines, damage the premises or render it uninhabitable, or exceed the electrical capacity of the premises, the dwelling unit or the circuit. A landlord restricting on capacity grounds must prioritise disability accommodation requests and disclose the restriction in writing.

What happens if a Colorado landlord changes the locks or shuts off utilities?

C.R.S. 38-12-510 makes it unlawful to remove or exclude a tenant without court process, and names the wilful termination of utilities and the wilful removal of doors, windows or locks as examples. Statutory damages are the tenant’s actual damages plus the higher of three times the monthly rent or five thousand dollars, with attorney fees and costs, and the court may order possession restored. The same remedies apply where a landlord evicts in violation of the cause requirement.

Screen the applicant before you sign the lease

Colorado’s treble-damages deposit rule and its cause-for-eviction requirement both raise the cost of the wrong tenant. Tenant Screening Background Check has been verifying Colorado renters since 2004 — credit, eviction filings, criminal background, and employment verification, across all fifty states and DC, with no monthly fees.

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Legal Disclaimer: This Colorado residential lease agreement generator is provided for general informational purposes only and is not legal advice. Colorado landlord-tenant law has changed substantially in every recent session, and two acts affecting this page took effect on January 1, 2026, so widely-used codified mirrors may still show superseded text. A void lease clause, a deposit above the statutory maximum, or an itemized statement delivered after the thirty days can cost a landlord treble damages plus attorney fees. State law changes. Read the current statutes and session laws at the Colorado General Assembly. Consult a qualified Colorado landlord-tenant attorney before signing or enforcing a lease.