Lease Agreements (6)
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Download: PDF, Word (.docx) |
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Download: PDF, Word (.docx) |
Required Disclosures
1.) Bedbugs (CO Rev Stat § 38-12-1005): Colorado forbids landlords from renting bedbug-infested dwellings and, in fact, requires a disclosure of the last inspection and the results.
2.) Lead-Based Paint (42 U.S. Code § 4852d): The federal government requires a disclosure of any lead paint and/or lead paint hazards in a property being sold or rented; specifically for buildings completed before 1978.)
3.) Radon (CO Rev Stat § 38-12-803): Tenants have “the right to be informed” of a property’s radon testing, status, and concentration accordingly
When is Rent Late?
Late Fees
NSF Checks
Security Deposit Maximum
Security Deposit Return
Returning to Tenant: Generally, in most cases, landlords have a security deposit deadline “within one month” of tenancy’s termination; however, a lease may extend this for up to 60 days. (CO Rev Stat § 38-12-103).
Itemized List: Landlords have the right to retain part or all of the security provided:
- They have “actual cause,” whereas the damages are not simple wear and tear.
- They return the remaining security amount as well as “the exact reasons for retention” in writing (CO Rev Stat § 38-12-103).
Landlord’s Entry
Absence
- There is no contact with the tenant for 30 days, with no explanation
- There is no response to a landlord’s 15-day notice explicitly requiring contact before expiration (CO Rev Stat § 38-20-116).
Repair and Deduct
The tenant can withhold rent to repair if the premises violates the warranty of habitability, gives at least ten days’ notice they will hire a professional, the landlord does not answer or remedy the problem within the notice time, and the hired professional is not related to the tenant (CO Rev Stat § 38-12-507(1)(c)(I)).
Tenant Breaking a Lease (Early)
Duty to Mitigate: Colorado does not explicitly state a landlord’s duty to minimize losses arising from problem tenants; however, the courts recognize this duty as common law (Schneiker v. Gordon, 732 P. 2d 603).
Domestic Violence: A tenant in Colorado can terminate the lease because of domestic violence or abuse, as long as they provide a written statement from a medical or law enforcement professional (or similar documents such as a protection order) that is less than sixty days old, however the landlord can charge one month’s rent and keep the security deposit until it is paid (CO Rev Stat § 38-12-402).
Active Military: Service members terminate their lease, giving 30 days notice “after the first date on which the next rental payment is due,” when called to duty or transferred (50 U.S. Code § 3955).
Landlord’s Noncompliance: Tenants can terminate the lease if:
- A necessary repair violates the warranty of habitability
- They have issued a 10-day notice informing the landlord to remedy the repair
- The landlord does not conduct the repair or attempt a satisfactory resolution within 10 days of receiving the notice (CO Rev Stat § 38-12-507.
Landlord’s Harassment: Tenants can terminate the lease by following appropriate Colorado procedures for doing so whenever the landlord engages in retaliation, violates the warranty of habitability or tenancy privacy rights, or attempts a forced eviction, but each case requires separate action; for example, in a forced eviction, the tenant must leave after they terminate (CO Rev Stat § 38-12-509).
Is an Oral Lease enforceable?
Renewing a Lease
Unclaimed Property
- Not receiving rent for 30 days
- Being unable to contact the tenant for thirty days
- Has issued a notice of the property disposal, which remained unanswered for 15 days after its service (CO Rev Stat § 38-20-116).






