Residential Lease Agreement (Colorado)
Every tenant is entitled to safe and healthy housing under Colorado’s warranty of habitability. A landlord is prohibited by law from retaliating against a tenant in any manner for reporting unsafe conditions in the tenant’s residential premises, requesting repairs, or seeking to enjoy the tenant’s right to safe and healthy housing.
Written notice of an uninhabitable condition may be mailed or delivered in person to: [Street Address, City, Colorado, ZIP]. It may also be sent by e-mail to [E-mail] or through the online tenant portal at [Portal URL].
El aviso por escrito de una condición inhabitable puede enviarse por correo o entregarse en persona en: [Dirección, Ciudad, Colorado, Código postal]. También puede enviarse por correo electrónico a [Correo electrónico] o a través del portal en línea para inquilinos en [URL del portal].
[The three statements above must appear in at least 12-point bold type (C.R.S. 38-12-505(3)(c)-(d)). Fill in the address and at least one of the e-mail or portal options, and delete any option not offered. If you use an online tenant portal, post the same English and Spanish statement in it (38-12-505(3)(e)).]
This Residential Lease Agreement (“Lease”) is made on [Date] for residential premises in the State of Colorado between the Landlord and the Tenant(s) named below.
1. Parties (C.R.S. 38-12-801(2))
Landlord: [Full Legal Name], [Address]
Landlord’s authorized agent, if any: [Name], [Address], [Phone]
E-mail, phone number or portal for notices and communications: [Contact]
Tenant(s): [Tenant 1 Full Legal Name], [Tenant 2 Full Legal Name], [Additional Tenants]
Phone: [Phone] E-mail: [E-mail]
Each Tenant is jointly and severally liable for all obligations under this Lease.
Source of income. Section 24-34-502(1), C.R.S., prohibits source of income discrimination and requires a non-exempt landlord to accept any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person, including income derived from any lawful profession or occupation and income or rental payments derived from any government or private assistance, grant, or loan program. [This statement may be omitted only by a landlord with five or fewer single-family rental homes and no more than five total rental units (38-12-801(2.5)(b)).]
2. Premises
Address: [Street Address, Unit, City, Colorado, ZIP] County: [County]
Type: ☐ Single-family home ☐ Apartment ☐ Townhome ☐ Duplex or triplex unit ☐ Condominium ☐ Other: [Description]
Parking: [Assigned space(s), garage, or “None”] Appliances included: [List]
3. Term
☐ Fixed term. Begins [MM/DD/YYYY] and ends on [MM/DD/YYYY].
☐ Month to month. Begins [MM/DD/YYYY].
The Tenant may end a month-to-month tenancy by written notice served at least 21 days before the end of a monthly period (C.R.S. 13-40-107). The Landlord may end a periodic tenancy or decline to renew a fixed term without cause, with notice under C.R.S. 13-40-107, only while the Premises or the Tenant are exempt under C.R.S. 38-12-1302, for example during the Tenant’s first 12 months. Otherwise the Landlord may end the tenancy only for a cause listed in C.R.S. 38-12-1303; a no-fault reason requires at least 90 days’ written notice (45 days for an active-duty military landlord or spouse moving in) stating its legal and factual basis.
4. Rent and Receipts
Monthly rent: $[Amount], due on or before the [1st] day of each month.
Accepted payment methods: [Check, money order, portal, bank transfer]. At least one method carries no processing fee: [Method].
Total monthly price, including all mandatory fees (and any utility billing fee or markup) other than the utility provider’s actual charges for service to the unit: $[Amount].
For payments made in person in cash or by money order, the Landlord will give a receipt at the time of payment; for other payments, within 7 days after the Tenant asks, unless the payment portal or a billing statement already shows the amount, recipient and date (C.R.S. 38-12-802). Rent will not be increased more than once in any 12-month period of the tenancy (38-12-702).
5. Fees and Charges
Every fee the Tenant must pay under this Lease is listed here: [Fee name, amount and frequency, or “None”]. Only the set monthly payment for occupancy is rent; fees for utilities, services and other charges are not rent and cannot be collected with rent remedies such as eviction (C.R.S. 38-12-801(3)(a)(V)).
The Landlord charges no fee for common-area maintenance, property taxes, the Landlord’s own obligations such as keeping the Premises habitable, or goods or services not actually provided; a processing fee applies only if a reasonably accessible way to pay at no cost is available; no late fee applies to amounts other than rent; no fee exceeds the total price of the item it pays for, except the third-party markup allowed in Section 8; and no fee, other than the cost of utilities provided to the unit, increases by more than 2% during a lease term of one year or less (C.R.S. 6-1-737(4), effective 1 January 2026).
Late fee. If rent is at least 7 calendar days late, the Tenant will pay a late fee of $[Amount], not more than $50 or 5% of the past-due rent, whichever is greater. Only one late fee is charged per late payment (or several totaling no more than that cap), bears no interest, is not deducted from a rent payment, is not rent, and is not a ground for eviction. The Landlord will give written notice of any late fee within 180 days after the rent was due (C.R.S. 38-12-105).
6. Security Deposit (C.R.S. 38-12-102.5, 38-12-103)
Security deposit: $[Amount], not more than two months’ rent.
Return. The Landlord will return the deposit within ☐ 30 days ☐ [number, not more than 60] days after this Lease ends or the Tenant surrenders the Premises, whichever is later, by mail to the Tenant’s last known address or, with the Tenant’s consent, by secured electronic transfer. If any part is kept, the Landlord will send, to the Tenant’s last known address or to an e-mail address the Landlord knows for the Tenant, a written statement listing the exact reasons, with the balance, and will provide relevant photographs, inspection reports, receipts, invoices or estimates in its possession or control within 14 days after the Tenant’s written request.
Deductions. The Landlord may keep only reasonable amounts for unpaid rent, unpaid utility charges, other unpaid lawful charges listed in this Lease, and necessary repairs of damage or defective conditions that exceed normal wear and tear and did not exist before the tenancy. Nothing is deducted for normal wear and tear, for pre-existing conditions, for replacing carpet throughout the unit unless it has substantial and irreparable damage (carpet not replaced within the last 10 years cannot qualify), or for repainting the whole interior unless the paint is substantially damaged throughout.
Walk-through. On the request of either party, where reasonable and practicable, the Landlord and the Tenant will do a walk-through, in person or by live interactive video, and note in writing any damage or defective conditions beyond normal wear and tear that did not exist before the tenancy. A walk-through the Tenant requests takes place at a mutually convenient time before the Lease ends or the Premises are surrendered, after the Tenant has had a chance to remove furniture.
At least 7 days before suing, the Tenant must notify the Landlord of the demand for return and the intent to sue. If the Landlord does not return the wrongfully withheld amount within those 7 days, the Landlord is liable for three times that amount plus reasonable attorney fees and court costs (C.R.S. 38-12-103(3), as amended effective 1 January 2026).
7. Pets
☐ No pets. ☐ Pets allowed: [Description]. Pet deposit: $[Amount, not more than $300, refundable]. Pet rent: $[Amount] per month, not more than $35 or 1.5% of the monthly rent, whichever is greater (C.R.S. 38-12-106).
Assistance animals, including service and emotional support animals, are handled as a request for a reasonable accommodation, not under this pet clause. Allowing one is presumed reasonable, and the Landlord may ask for reasonable documentation unless the disability or need is obvious (C.R.S. 24-34-502.2, as amended in 2026). No extra charge applies to a service animal (C.R.S. 24-34-803).
8. Utilities
Paid by the Landlord: ☐ Water ☐ Sewer ☐ Trash ☐ Gas ☐ Electricity ☐ Other: [Description]
Paid by the Tenant directly to the provider: [List]
☐ Ratio utility billing. The Landlord allocates [utility] among the tenants of the Premises by a ratio utility billing system. Method of allocation for this unit: [Formula, such as square footage or number of occupants]. The total billed to all tenants will not exceed the provider’s charge for the premises, common-area and shared-facility usage is excluded, and no markup, surcharge or administrative fee is added to the actual charges (C.R.S. 6-1-737(4.5)).
For any other service billed to the Landlord by a third party and passed on to the Tenant, any markup or fee is limited to 2% of the amount billed or $10 per month, not both (C.R.S. 38-12-801(3)(a)(VI)).
9. Repairs and Habitability (C.R.S. 38-12-503, 38-12-505)
The Landlord warrants that the Premises are fit for human habitation at the start of the tenancy and will keep them fit throughout it. The Tenant will give written notice of any uninhabitable condition to the address, e-mail or portal stated at the top of this Lease, keep proof of delivery, keep the Premises clean and safe, and pay for damage caused by the Tenant, household members or guests beyond normal wear and tear. The Tenant may install and use a portable cooling device unless an exception in C.R.S. 38-12-505(7) applies.
Bed bugs. The Tenant will promptly notify the Landlord in writing or electronically if the Tenant knows or reasonably suspects bed bugs; the Landlord will obtain an inspection by a qualified inspector within 96 hours (C.R.S. 38-12-1002).
10. Landlord’s Entry
Except in an emergency, the Landlord will give the Tenant at least [24] hours’ notice before entering and enter only at reasonable times to inspect, make repairs or show the Premises. Entry needed to repair an uninhabitable condition requires written notice at least 24 hours in advance, except where the condition materially and imminently threatens life, health or safety or would cause substantial damage without immediate repair (C.R.S. 38-12-503(6)).
11. Radon Disclosure (C.R.S. 38-12-803)
The Colorado Department of Public Health and Environment strongly recommends that ALL tenants have an indoor radon test performed before leasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.
Residential real property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. A landlord is required to provide the tenant with any known information on radon test results of the residential real property.
Radon testing: ☐ The Landlord has no knowledge of radon testing of the Premises. ☐ Tests were performed on [Dates]; results and records attached: [Results]. Mitigation performed or mitigation system installed: [Description, or “None”]. The Landlord has given the Tenant the most recent radon brochure published by the Colorado Department of Public Health and Environment.
Tenant acknowledgment of the radon disclosure: ____________________ Date: ________
12. Lead-Based Paint (Housing Built Before 1978)
☐ The Premises were built in 1978 or later.
☐ The Premises were built before 1978. The Landlord has given the Tenant the EPA pamphlet Protect Your Family From Lead in Your Home and the attached Lead-Based Paint Disclosure, signed by both parties.
13. Renter’s Insurance
The Landlord’s insurance does not cover the Tenant’s personal property. ☐ Renter’s insurance with at least $[Amount] liability coverage is required. ☐ It is recommended.
14. Default and Termination
If rent is unpaid, the Landlord may serve a written demand giving the Tenant 10 days to pay the rent or deliver possession (C.R.S. 13-40-104(1)(d)). For a violation of a material term of this Lease, the Landlord may serve a written notice giving the Tenant 10 days to comply or deliver possession (13-40-104(1)(e)). If the Premises are covered by the federal CARES Act notice rule, a tenant cannot be required to vacate for nonpayment sooner than 30 days after notice (C.R.S. 38-12-1502).
Every demand will be in writing and signed, state the grounds with a specific description of the violation, describe the Premises, give the date and time by which possession must be delivered, and include the statement that a tenant who receives supplemental security income, social security disability insurance or Colorado Works cash assistance has a right to mediation before an eviction is filed (C.R.S. 13-40-106). A demand for unpaid rent will also state that a tenant whose missed payment was caused by domestic violence, domestic abuse, unlawful sexual behavior or stalking may give the Landlord documentation and is entitled to a repayment plan of up to 9 months.
The Landlord will not remove or exclude the Tenant without court process, including by willfully cutting off utilities or removing doors, windows or locks other than for repairs, unless the Tenant agrees or has abandoned the unit (C.R.S. 38-12-510). The Landlord will not retaliate against the Tenant for a good-faith complaint about an unsafe or uninhabitable condition to the Landlord, a nonprofit or a government agency, for organizing or joining a tenants’ association, or for using the Tenant’s habitability remedies (38-12-509).
Victim-survivors. A Tenant who is a victim of domestic violence, domestic abuse, unlawful sexual behavior or stalking and intends to vacate out of fear of imminent danger to self or children may terminate this Lease by written notice, from the Tenant or a qualified third party, with one of the documents listed in C.R.S. 38-12-402(2)(a.5). The Tenant then owes at most one month’s rent, due within 90 days after vacating, and only if the Landlord incurred economic damages as a direct result and gives a written statement of those damages within 30 days after the Tenant vacates; nothing is owed if another tenant remains on the Lease. The Landlord will not deduct from the deposit or otherwise charge the Tenant for damage caused by the abuser or during the abuse, and will not prevent the Tenant from changing the locks for safety. Nothing in this Lease lets the Landlord end the tenancy, penalize the Tenant or take other adverse action because the Tenant called the police or emergency services, and the Tenant does not waive that right (C.R.S. 38-12-402(1)).
Death of a Tenant. If this Lease ends early because a Tenant dies, no liquidated damages apply, and rent will not be accelerated beyond the end of the month or more than 10 business days after the unit is vacated following notice of the death, whichever is later (C.R.S. 38-12-801(3.5)).
15. Attorney Fees and Prohibited Clauses
In a court dispute about this Lease or the Premises, reasonable attorney fees and costs may be awarded only to the party the court finds prevailed, and only in an amount the court finds reasonable (C.R.S. 38-12-801(3)(a)(II)). Nothing in this Lease imposes a penalty for an eviction notice or action, waives the right to a jury trial (except in a possession hearing), waives joint or class claims or the implied covenants of good faith and fair dealing and quiet enjoyment, penalizes a failure to give notice of nonrenewal beyond the Landlord’s actual losses, lets the Landlord recoup mandatory mediation costs, or requires a fee prohibited by C.R.S. 6-1-737 (C.R.S. 38-12-801(3)). No provision waives or modifies a tenant protection in C.R.S. 38-12-101 to 38-12-106, including the deposit, late-fee and pet-deposit rules, or charges the Tenant for work due to normal wear and tear or pre-existing conditions (38-12-103(7)). Any such provision is void. [Some of the limits in 38-12-801(3) do not apply to an owner-occupied duplex, triplex or accessory dwelling unit (38-12-801(8)).]
16. General Terms
Governing law: Colorado. If any provision is unenforceable, the rest of this Lease remains in effect. This Lease and its addenda are the entire agreement; changes must be in writing and signed by both parties. The Landlord will give the Tenant a copy of this Lease signed by both parties within 7 days after the Tenant signs, electronically unless the Tenant asks for paper (C.R.S. 38-12-801(1)).
17. Addenda
☐ Radon Disclosure and CDPHE brochure ☐ Lead-Based Paint Disclosure ☐ Move-In Condition Checklist ☐ Pet Addendum ☐ Rules ☐ Other: [Description]
Signatures
Landlord or Agent: _________________________ Date: __________
Printed Name and Title: _____________________________
Tenant: _________________________ Date: __________
Printed Name: _____________________________
Tenant: _________________________ Date: __________
Printed Name: _____________________________