Lease Agreements (6)
|
Download: PDF, Word (.docx) |
|
Download: PDF, Word (.docx) |
|
Download: PDF, Word (.docx) |
|
Download: PDF, Word (.docx) |
|
Download: PDF, Word (.docx) |
|
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 tenancy privacy rights, and engages in other forms of harassment (CO Rev Stat § 38-12-509).
Inhabitability: Colorado explicitly permits tenants to terminate a lease after giving 10 days’ notice of an inhabitability problem the landlord does not resolve (CO Rev Stat § 38-12-507(1)).
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).






