Colorado
A Colorado residential lease agreement is a legally binding contract between a landlord and a tenant, outlining the terms and conditions for renting a property. This agreement includes essential details such as the rental amount, security deposit, duration of the lease, and various disclosures required by state law.
Required Disclosures
In Colorado, certain disclosures are mandatory for all residential lease agreements:
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Signed Copy Lease Agreement – The landlord must provide the tenant with a signed copy of the lease agreement no later than seven days after both parties have signed.
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Landlord Identification – The name and address of the landlord or the landlord’s authorized agent must be provided in writing to the tenant. If this information changes, the landlord has one business day to notify the tenant.
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Radon Disclosure & Radon Brochure – Landlords must inform tenants if the property has been tested for elevated levels of radon. The lease must include specific language regarding the dangers of radon gas, and the tenant must sign the disclosure.
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Lead-Based Paint Disclosure & EPA Pamphlet – For properties built before 1978, landlords must notify tenants that the paint may contain lead and provide relevant documentation.
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Bed Bugs – Landlords must disclose whether the dwelling contained bed bugs within the last eight months if asked by the tenant.
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Application Fee – Landlords must disclose the purpose of the rental application fee and how it was determined. Any unused portion must be returned within 20 calendar days.
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Reason for Denying – If an application is denied, the landlord must provide written notification of the reasons.
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Eviction Notice Period Disclosure – Landlords with five or fewer single-family dwellings can issue a 5-day notice for lease violations instead of the standard 10-day notice.
Security Deposit Laws
- Maximum Amount – A security deposit cannot exceed the amount of two monthly rent payments.
- Returning to Tenant – A landlord has one month to return the security deposit unless the lease specifies a longer period, which cannot exceed 60 days.
- Itemized List – If any portion of the deposit is withheld, the landlord must provide an itemized list of expenses deducted from the deposit.
Rent Payment Laws
- Grace Period – Tenants are granted a grace period of seven calendar days before late fees can be assessed.
- Late Fee – Landlords may charge a late fee of up to $50 or 5% of the past due rent, whichever is greater.
- NSF Fee – A landlord can charge up to $20 for a bounced rent check.
Landlord’s Right of Entry
- General Access – Landlords are not legally required to notify tenants before entering the rental unit, but it is standard practice to provide written notice at least 24 hours in advance.
- Immediate Access – Landlords can typically enter without notice in emergencies.
Lease Termination
- Month-to-Month Tenancy – Either party can terminate a month-to-month lease by providing a 21-day notice.
- Unclaimed Property – Personal property left in a rental unit for 30 days without contact is considered abandoned. Landlords must notify tenants 15 days prior to disposing of abandoned belongings.
FAQs
In Colorado, required disclosures in a residential lease agreement include the landlord’s name and address, radon gas disclosure, lead-based paint disclosure (for properties built before 1978), bed bug history, application fee usage, reasons for application denial, eviction notice period, and any known information about radon test results. These disclosures ensure tenants are informed about health and safety risks associated with the property.
In Colorado, there is no legal limit on the amount a landlord can charge for a security deposit. However, it is generally recommended that the deposit not exceed one and a half months’ rent. The security deposit must be returned within one month after the lease ends, unless the lease specifies a longer period, which cannot exceed 60 days.
A landlord in Colorado must return a tenant’s security deposit within one month after the termination of the lease. If the lease specifies a longer return period, it cannot exceed 60 days. Additionally, if any portion of the deposit is withheld, the landlord must provide an itemized list of deductions.
In Colorado, tenants are granted a grace period of seven calendar days before a landlord can charge late fees for overdue rent payments. After this period, landlords may impose a late fee of up to $50 or 5% of the past due rent, whichever is greater.
Yes, in Colorado, it is advisable for landlords to provide a written lease agreement, especially if the lease term exceeds 12 months. A written agreement helps clarify the terms of the tenancy and protects both parties’ rights.
A Colorado lease agreement should include details such as the duration of the tenancy, rent amount and payment due dates, security deposit requirements, rules regarding property use, and any disclosures about health and safety risks. It should also specify the responsibilities of both the landlord and tenant.
Yes, a lease can automatically renew in Colorado. Most rental agreements will transition to a month-to-month rental agreement upon the expiration of the initial term, maintaining the same terms and conditions unless otherwise specified.
Failing to include mandatory disclosures in a Colorado lease can lead to legal repercussions for the landlord, including potential fines or lawsuits from tenants. Specific disclosures, such as those related to lead-based paint and radon, are federally mandated and non-compliance can result in significant penalties.