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Colorado Residential Lease Agreement

Colorado caps security deposits at two months' rent, returned within one month of move-out. Free lease agreement template with attorney review available.

Introduction

A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property: how much rent is owed, how long the tenancy lasts, what deposit is required, each side's responsibilities, and how the arrangement ends. In Colorado those terms sit on top of a statutory floor set mainly in Title 38, Article 12 of the Colorado Revised Statutes, with termination notice procedure in Title 13, Article 40. A landlord cannot require a security deposit of more than two months' rent under C.R.S. Section 38-12-102.5, and must return the deposit, minus any lawful deductions, within one month after the lease ends or the keys are surrendered, whichever is later, unless the lease sets a longer period of up to 60 days under C.R.S. Section 38-12-103. Colorado also requires several disclosures, including the federal lead-based paint notice for pre-1978 housing and a radon-exposure notice before a tenant signs, and it has no general statute setting an advance-notice number for ordinary landlord entry, only a 48-hour notice tied to bed bug inspection or treatment. Colorado has no statewide rent control, and local governments are barred from enacting it, but a separate just-cause law limits when a landlord may end or decline to renew most longer tenancies. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is a legally binding contract that spells out the rent, the term, the security deposit, and each party's duties for renting a home, and how the arrangement can be ended.

  2. 2

    The security deposit cap is two months' rent, and it must be returned within one month of the tenancy ending (or up to 60 days if the lease says so). C.R.S. Section 38-12-102.5 sets the cap and C.R.S. Section 38-12-103 sets the return deadline; if any amount is withheld, the landlord must give the tenant a written statement of the exact reasons.

  3. 3

    Colorado requires several disclosures: the federal lead-based paint notice for housing built before 1978, a radon-exposure notice before the lease is signed (C.R.S. Section 38-12-803), disclosure of any known bed bug infestation history on request (C.R.S. Section 38-12-1001 to 1004), and a single total advertised rent price that folds in required charges (C.R.S. Section 6-1-737).

  4. 4

    There is no general Colorado statute setting how much notice a landlord must give before entering an occupied rental. The lease terms and the tenant's right to quiet enjoyment govern ordinary entry; the only statutory notice figure in the law is 48 hours, and it applies only to bed bug inspection or treatment (C.R.S. Section 38-12-1004).

  5. 5

    Colorado law is generally read to bar any late fee until rent is at least 7 days past due, and to cap a late fee, once charged, at the greater of $50 or 5% of the past-due rent payment (C.R.S. Section 38-12-105).

  6. 6

    Ending a month-to-month tenancy of 1 month up to 6 months takes 21 days' written notice; other tenancy lengths use different notice periods under C.R.S. Section 13-40-107 (91 days for a year or more, 28 days for 6 months to a year, 3 days or 1 day for shorter stays). Raising rent on a tenancy with no written term generally takes at least 60 days' notice under C.R.S. Section 38-12-701.

  7. 7

    Colorado has no rent control, and state law bars cities and counties from enacting it (C.R.S. Section 38-12-301). A separate just-cause law (C.R.S. Section 38-12-1301 et seq.) requires a landlord to have a statutory reason to end or decline to renew most tenancies of a year or longer.

Key decisions before you file

Before you file a Residential Lease Agreement in Colorado, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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COLORADO RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement (this Agreement) is made on [DATE] between [LANDLORD NAME] (Landlord, also called the lessor) and [TENANT NAME] (Tenant, also called the lessee), for the residential property located at [FULL RENTAL ADDRESS], Colorado (the Premises).

  2. TERM The tenancy begins on [START DATE] and [ends on [END DATE], or continues month-to-month until ended as described below].

  3. RENT Tenant agrees to pay rent of $[AMOUNT] per month, due on the [DAY] of each month at [PAYMENT LOCATION/METHOD]. Colorado law is generally read to bar any late fee until rent is at least 7 days past due, and to cap a late fee, once charged, at the greater of $50 or 5% of the past-due rent payment (C.R.S. Section 38-12-105).

  4. SECURITY DEPOSIT Tenant shall pay a security deposit of $[AMOUNT], which may not exceed two months' rent under this Agreement (C.R.S. Section 38-12-102.5). Landlord must return the full deposit, less any lawful deductions, within one month after this Agreement ends or the keys are surrendered, whichever is later, unless this Agreement sets a longer period of up to 60 days (C.R.S. Section 38-12-103). If Landlord withholds any part of the deposit, Landlord must give Tenant a written statement itemizing the exact reasons.

  5. DISCLOSURES Landlord discloses: (a) for housing built before 1978, the federal Lead-Based Paint disclosure (42 U.S.C. Section 4852d); (b) that residential property may present exposure to indoor radon gas that could pose a health risk, disclosed before Tenant signs this Agreement (C.R.S. Section 38-12-803); (c) any known history of bed bug infestation in the Premises, on Tenant's request (C.R.S. Section 38-12-1001 to 1004); and (d) a single total advertised rent price, including any required non-government charges, with utilities billed no higher than the provider's actual charge (C.R.S. Section 6-1-737).

  6. ENTRY Colorado has no general statute setting advance notice for ordinary landlord entry; this Agreement and Tenant's right to quiet enjoyment govern routine access. The only statutory notice figure applies to bed bug inspection or treatment: at least 48 hours' written or electronic notice to Tenant (C.R.S. Section 38-12-1004).

  7. MAINTENANCE AND USE Every Colorado residential lease carries an implied, non-waivable warranty of habitability (C.R.S. Section 38-12-503 et seq.). Tenant agrees to use the Premises only as a residence, keep it clean and sanitary, and promptly notify Landlord in writing of any needed repair or unsafe condition.

  8. TERMINATION Either party may end a month-to-month tenancy that has run 1 to 6 months with 21 days' written notice; other tenancy lengths use different notice periods under C.R.S. Section 13-40-107 (28 days for 6 months to a year, 91 days for a year or more). For a tenancy with no written rent term, Colorado law is generally read to require at least 60 days' notice before a rent increase (C.R.S. Section 38-12-701). Colorado bars local rent control statewide (C.R.S. Section 38-12-301), but a separate just-cause law requires Landlord to have a statutory reason to end or decline to renew most tenancies of a year or longer (C.R.S. Section 38-12-1301 et seq.).

SIGNATURES Landlord: _____________________________ Date: [DATE] [LANDLORD NAME]

Tenant: _____________________________ Date: [DATE] [TENANT NAME]

Note: This is a Colorado skeleton built around Colorado Revised Statutes Title 38, Article 12 and Title 13, Article 40. For the complete, customizable template, see the full Residential Lease Agreement template.

Colorado Requirements for Residential Lease Agreement

Security Deposit Cap of Two Months' Rent

A Colorado landlord cannot require a security deposit of more than two monthly rent payments under the rental agreement, per C.R.S. Section 38-12-102.5.

Return the Deposit Within One Month

The landlord must return the full deposit, minus any lawful deductions, within one month after the tenancy ends or the keys are surrendered, whichever is later, unless the lease sets a longer period of up to 60 days (C.R.S. Section 38-12-103). If any amount is withheld, the landlord must give the tenant a written statement itemizing the exact reasons.

Radon Disclosure Before Signing

Colorado requires a disclosure that residential property may present exposure to indoor radon gas, provided before the tenant signs the lease (C.R.S. Section 38-12-803).

Bed Bug History Disclosure on Request

A landlord may not lease a unit known to be infested with bed bugs and must disclose any known last infestation of a unit to a tenant on request (C.R.S. Section 38-12-1001 to 1004). Entry to inspect or treat for bed bugs requires at least 48 hours' written or electronic notice.

Total Price and Fee Transparency

Advertised residential rent must show a single total price including required non-government charges, and utilities cannot be marked up above the provider's actual bill (C.R.S. Section 6-1-737).

Late Fee Cap and Grace Period

Colorado law is generally read to bar any late fee until rent is at least 7 days past due, and to cap a late fee, once charged, at the greater of $50 or 5% of the past-due rent payment (C.R.S. Section 38-12-105).

Notice to End a Month-to-Month Tenancy

Ending a month-to-month tenancy that has run 1 month up to 6 months takes 21 days' written notice; other tenancy lengths use different notice periods under C.R.S. Section 13-40-107, including 91 days for a tenancy of a year or more.

No Rent Control, but Just Cause Required to End Most Tenancies

Colorado has no rent control and bars cities and counties from enacting it (C.R.S. Section 38-12-301). A separate just-cause law requires a landlord to have a statutory reason to end or decline to renew most tenancies of a year or longer (C.R.S. Section 38-12-1301 et seq.).

Frequently Asked Questions

A Colorado residential lease should name the landlord and tenant, describe the rental address, state the rent amount and due date, set the security deposit (capped at two months' rent), and include the required disclosures: the federal lead-based paint notice for pre-1978 housing, the radon-exposure notice, and the single total rent price. It should also state the term and how either side ends a month-to-month tenancy.

A Colorado landlord cannot require a security deposit of more than two months' rent under the rental agreement, per C.R.S. Section 38-12-102.5. The landlord must return the deposit, less any lawful deductions, within one month after the tenancy ends or the keys are surrendered, whichever is later, unless the lease sets a longer period of up to 60 days (C.R.S. Section 38-12-103).

Yes. A free residential lease agreement template is available to generate and customize for a Colorado rental, and you can add the required deposit, disclosure, and notice terms described on this page. Attorney review is available as an optional add-on before you sign.

No. Colorado does not require a residential lease to be notarized or witnessed to be valid. The lease is a private contract between landlord and tenant that both sides sign; notarization is not part of what makes it enforceable.

Colorado has no general statute setting a specific number of hours or days of notice for ordinary landlord entry; the lease and the tenant's right to quiet enjoyment control access. The one statutory notice figure in the law is 48 hours, and it applies only when the landlord is entering to inspect or treat for bed bugs under C.R.S. Section 38-12-1004.

Colorado leases generally require the federal lead-based paint disclosure for housing built before 1978, a notice about potential indoor radon gas exposure before the tenant signs (C.R.S. Section 38-12-803), disclosure of known bed bug infestation history on the tenant's request, and a single total advertised rent price under the state's fee-transparency law (C.R.S. Section 6-1-737).

Either party can end a Colorado month-to-month tenancy of 1 month up to 6 months with 21 days' written notice. Longer-running tenancies use longer notice under C.R.S. Section 13-40-107: 28 days for 6 months to a year and 91 days for a year or more. A rent increase on a tenancy without a written term generally requires at least 60 days' notice.

Colorado law is generally read to bar a landlord from charging any late fee until rent is at least 7 days past due, and once a fee applies, to cap it at the greater of $50 or 5% of the past-due rent payment, per C.R.S. Section 38-12-105.