RESIDENTIAL LEASE AGREEMENT - COLORADO
This Residential Lease Agreement ("Lease") is entered into on [[Lease Date]] by and between:
Landlord: [[Landlord Full Legal Name or Company Name]] ("Landlord")
Address for notices: [[Landlord Notice Address, City, CO, ZIP]]
Phone: [[Phone]] | Email: [[Email]]
Property Manager (if applicable): [[Property Manager Name and Contact]]
Tenant: [[Tenant Full Legal Name(s)]] (jointly and severally, "Tenant")
1. Premises
Landlord leases to Tenant the residential property located at:
[[Full Property Address, Unit No., City, Colorado, ZIP Code]] (the "Premises")
Including the following:
- Parking space(s): [[Space number(s) or "None"]]
- Storage area: [[Description or "None"]]
- Appliances included: [[List or "As noted in Move-In Inspection Report"]]
The Premises shall be used as a private residential dwelling only and for no other purpose.
2. Term
[ ] Fixed-Term Lease: This Lease begins on [[Start Date]] and ends on [[End Date]] (the "Lease Term"). At the end of the Lease Term, this Lease does not automatically renew unless both parties agree in writing. Tenant must vacate on or before the end date unless a new lease or written extension is executed.
[ ] Month-to-Month Tenancy: This tenancy begins on [[Start Date]] and continues on a month-to-month basis until terminated by either party with proper notice.
3. Rent
3.1 Monthly Rent: $[[Monthly Rent Amount]], due in advance on the [[Due Day, e.g., 1st]] day of each month, without offset or deduction.
3.2 Payment Method and Address: [[Check / ACH / online portal / other]] at [[Landlord payment address or account]].
3.3 Proration: If the Lease Term begins on a day other than the first of the month, the first month's rent is prorated at $[[Prorated Amount]].
4. Late Fee
4.1 Rent not received by the Landlord within 7 days after the due date (the "Grace Period") is late.
4.2 Upon expiration of the Grace Period, a late fee of $[[Late Fee Amount]] shall be due.
Note: Effective January 1, 2026, Colorado HB25-1249 limits late fees to the lesser of $50 or 5% of monthly rent for leases governed by the act. Verify whether HB25-1249 applies to this tenancy (it applies to new and renewed leases after the effective date in most residential units in Colorado). Confirm current law before charging any late fee.
4.3 A fee of $[[Returned Check Fee]] applies to any returned or dishonored payment.
5. Security Deposit
5.1 Security Deposit: Tenant shall pay a security deposit of $[[Security Deposit Amount]] (Colorado does not impose a statutory cap on residential security deposits, but any deposit must be commercially reasonable - confirm with an attorney if amount exceeds two months' rent).
5.2 Purpose: The deposit secures Tenant's performance, including unpaid rent and damage beyond ordinary wear and tear.
5.3 Return Deadline (C.R.S. § 38-12-103): Landlord shall return the deposit (or provide a written itemized statement of deductions) within 60 days after:
- Tenant surrenders possession; AND
- Tenant provides Landlord with a mailing address.
Landlord may withhold only amounts for unpaid rent or actual damages beyond ordinary wear and tear.
5.4 No Wear-and-Tear Deductions (HB25-1249, eff. Jan. 1, 2026): For leases subject to HB25-1249, Landlord may NOT withhold any portion of the security deposit for normal wear and tear.
5.5 Itemized Statement: If the full deposit is not returned, Landlord shall provide an itemized list of deductions with receipts or invoices. Failure to comply may result in Tenant's entitlement to the entire deposit plus a penalty under C.R.S. § 38-12-103.
5.6 Interest: Colorado does not require interest on security deposits.
6. Utilities and Services
| Utility / Service | Landlord | Tenant |
|-------------------|:--------:|:------:|
| Electricity | [ ] | [ ] |
| Natural Gas | [ ] | [ ] |
| Water / Sewer / Trash | [ ] | [ ] |
| Cable / Internet | [ ] | [ ] |
Tenant shall place Tenant-paid utilities in Tenant's name effective the Start Date.
7. Occupants; Guests
7.1 The Premises shall be occupied only by Tenant and the following permitted occupants: [[List names of all permitted occupants]].
7.2 Guests may not stay more than [[e.g., 14 consecutive days or 30 days per year]] without Landlord's prior written consent. An unauthorized occupant is a material breach.
8. Move-In Condition Inspection Report
8.1 Before or at the time of move-in, Landlord shall provide Tenant with a Move-In Condition Inspection Report (Exhibit A) documenting the condition of the Premises.
8.2 Tenant shall review, note any exceptions, and return the signed report to Landlord within [[3 / 5]] business days of move-in. Failure to return may be treated as Tenant's acceptance of the documented conditions.
9. Landlord's Maintenance and Habitability Obligations (C.R.S. § 38-12-503 et seq.)
9.1 Landlord shall:
(a) Maintain the Premises in a habitable condition, complying with all applicable housing codes;
(b) Keep structural elements, roof, exterior walls, plumbing, electrical, HVAC systems, and any provided appliances in good and safe working order;
(c) Maintain common areas in a clean, safe condition;
(d) Ensure functioning smoke alarms and carbon monoxide detectors as required by law.
9.2 Implied Warranty of Habitability: The Premises comes with an implied warranty of habitability under Colorado law (C.R.S. § 38-12-503). If the Landlord fails to maintain habitable conditions, Tenant may have the right to repair-and-deduct, rent reduction, or lease termination after providing proper notice and opportunity to cure.
10. Tenant's Maintenance Obligations
10.1 Tenant shall:
(a) Keep the Premises clean and in sanitary condition;
(b) Properly use and operate all systems and appliances;
(c) Replace HVAC filters, light bulbs, and smoke/CO detector batteries at Tenant's expense;
(d) Promptly report needed repairs to Landlord in writing;
(e) Be responsible for damage caused by Tenant, occupants, or guests beyond ordinary wear and tear.
11. Landlord's Right of Entry
11.1 Landlord may enter the Premises with at least 24 hours' advance written notice for the purpose of inspection, repairs, improvements, or showing the Premises to prospective tenants or buyers, during normal business hours (8 a.m. to 8 p.m.), except in emergency.
11.2 Landlord shall not abuse the right of entry or use it to harass Tenant.
12. Pets
- [ ] No Pets Permitted (except assistance animals as required by law).
- [ ] Pets Permitted subject to: [[Pet type, number, size limits, pet deposit or monthly pet fee: $[[Amount]]]].
Colorado law prohibits landlords from charging pet fees or pet deposits for qualified service animals or emotional support animals with appropriate documentation.
13. Smoking
Smoking [[tobacco / cannabis / all substances]] is:
- [ ] Prohibited in the Premises and all common areas.
- [ ] Permitted only in the following area(s): [[Area]].
Cannabis cultivation in the Premises: [ ] Permitted up to Colorado legal limit (personal use up to 3 mature plants, 3 seedlings per person, max 6 mature/6 seedling per household - Colorado Constitution Art. XVIII § 16; C.R.S. § 44-10-203) | [ ] Prohibited.
14. Renter's Insurance
Tenant is strongly encouraged (and may be required) to maintain renter's insurance with personal liability coverage of at least $[[Minimum Coverage Amount, e.g., $100,000]] throughout the Lease Term. [ ] Proof of insurance is required and must be provided before or at move-in.
Landlord's property insurance does not cover Tenant's personal property or personal liability.
15. Assignment and Subletting
15.1 Tenant may not assign this Lease or sublet all or part of the Premises without Landlord's prior written consent.
15.2 If consent is granted, Tenant remains liable for all obligations under this Lease.
16. Alterations and Improvements
16.1 Tenant shall not make alterations, additions, or improvements to the Premises (including painting, installing fixtures, or adding locks) without Landlord's prior written consent.
16.2 Landlord may require Tenant to remove any approved alteration and restore the Premises upon termination.
17. Default and Remedies
17.1 Non-Payment of Rent: If Tenant fails to pay rent when due, Landlord may serve a 10-day Demand for Rent or Possession (C.R.S. § 13-40-104(1)(d)).
17.2 Lease Breach: If Tenant breaches any other term of this Lease, Landlord may serve a 10-day Notice to Comply or Vacate (C.R.S. § 13-40-104(1)(e)).
17.3 Forcible Entry and Detainer: If Tenant does not comply with a notice, Landlord may file an FED action in the County Court. Landlord shall not engage in self-help eviction (lockouts, utility shutoffs).
17.4 Tenant's Remedies: Tenant may pursue applicable remedies including repair-and-deduct (C.R.S. § 38-12-507), rent withholding (after proper notice), and termination for breach of implied warranty of habitability.
18. Termination Notice Requirements (Month-to-Month)
18.1 Either party may terminate a month-to-month tenancy by providing 21 days' written notice (C.R.S. § 13-40-107) before the end of the rental period, unless a longer notice period applies.
18.2 Just Cause Terminations: If required by applicable local ordinance (e.g., Denver, Boulder), termination of a month-to-month tenancy may require just cause. Verify applicable local law.
19. Holdover
19.1 If Tenant remains in possession after the Lease Term ends without Landlord's written consent, Tenant is a holdover. Landlord may treat the holdover as:
(a) A month-to-month tenancy on the same terms (if Landlord accepts rent); or
(b) A trespass, and pursue eviction.
Holdover rent rate: $[[Holdover Rate per Month, e.g., 150% of Monthly Rent]] per month.
20. Casualty and Condemnation
20.1 If the Premises is damaged by fire or other casualty not caused by Tenant and is rendered uninhabitable, rent abates for the affected portion, and either party may terminate if substantial repair cannot be completed within [[90]] days.
20.2 If all or a material part of the Premises is taken by eminent domain, this Lease terminates as to the part taken, and rent is adjusted accordingly.
21. Required Disclosures (Colorado and Federal)
21.1 Lead-Based Paint Disclosure: If the Premises was built before 1978, the federal lead-based paint disclosure and EPA pamphlet are provided as Exhibit C (42 U.S.C. § 4852d).
21.2 Radon Disclosure: Colorado law (C.R.S. § 38-12-801 - added by HB22-1282, effective Jan. 1, 2023) requires landlords of residential units to disclose knowledge of radon hazards and to provide radon testing information. Landlord's knowledge of radon testing results: [[Disclose or "No known radon test results"]]
21.3 Mold: Landlord is not aware of any current mold conditions except: [[Describe or "None"]].
21.4 Flood Disclosure: Landlord [[is / is not]] aware of any flood hazard affecting the Premises: [[Details or "None known to Landlord"]].
21.5 Owner Identity Disclosure (C.R.S. § 38-12-801.5): Landlord's legal name and address: [[Legal Name, Address]]. If a property manager is used: [[Property Manager Name, Address, License Number]].
21.6 Smoke and Carbon Monoxide Detectors: Smoke detectors and (where applicable) carbon monoxide detectors are installed and functioning as of the move-in date, in compliance with C.R.S. § 38-45-101 et seq.
22. Domestic Violence Protections (C.R.S. § 38-12-402 et seq.)
22.1 A Tenant who is a victim of domestic violence, stalking, sexual assault, or unlawful sexual behavior may terminate this Lease early (with appropriate documentation) pursuant to C.R.S. § 38-12-402 et seq. The Landlord shall not penalize a Tenant for exercising rights under this section.
23. Subordination; Estoppel; Attornment
23.1 This Lease is subordinate to any present or future mortgage or deed of trust on the Premises. Tenant shall execute a commercially reasonable subordination, non-disturbance, and attornment agreement within 10 days of Landlord's request.
24. Notices
24.1 All notices required or permitted by this Lease shall be in writing and delivered personally, by USPS certified mail, or by email (if the receiving party has agreed in writing to email notice), to the addresses set forth on page 1.
25. Rules and Regulations; HOA
25.1 Tenant shall comply with Landlord's written Rules and Regulations (Exhibit B), which may be modified by Landlord on reasonable notice.
25.2 If the Premises is located in a homeowners' association (HOA) or condominium, Tenant is bound by HOA rules and governing documents: [[HOA name and website or "N/A"]].
26. Military (SCRA)
26.1 A Tenant who is an active service member or dependent may terminate this Lease under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3955) upon proper notice with qualifying military orders.
27. Waiver; Non-Waiver
27.1 No failure or delay in enforcing any right is a waiver. A waiver of one breach does not constitute a waiver of any other breach.
28. Severability
28.1 If any provision is held invalid or unenforceable, all remaining provisions remain in full force.
29. Entire Agreement; Modification
29.1 This Lease, together with all exhibits, constitutes the entire agreement between the parties. No oral representations are binding. Any modification must be in writing and signed by both parties.
30. Governing Law; Venue
30.1 This Lease is governed by the laws of the State of Colorado. Any action shall be brought in the courts of [[County]] County, Colorado.
31. Attorney Fees
31.1 In any action to enforce this Lease, the prevailing party may recover reasonable attorney fees and costs as permitted by Colorado law (C.R.S. § 13-17-101 et seq.).
32. Joint and Several Liability
32.1 Each person signing as Tenant is jointly and severally liable for all obligations under this Lease.
33. Exhibits and Attachments
- Exhibit A: Move-In Condition Inspection Report
- Exhibit B: Rules and Regulations
- Exhibit C: Lead-Based Paint Disclosure (if pre-1978)
- Exhibit D: Radon Disclosure / Test Results (as required by C.R.S. § 38-12-801)
- Exhibit E: Additional Addenda: [[Describe or "None"]]
Signature Block
LANDLORD:
Signature: ______________________________ Date: _________
Printed Name: [[Landlord Legal Name or Authorized Signatory]]
TENANT(S):
Signature: ______________________________ Date: _________
Printed Name: [[Tenant 1 Full Name]]
Signature: ______________________________ Date: _________
Printed Name: [[Tenant 2 Full Name (if applicable)]]
> Template - not legal advice. Colorado residential tenancies are governed by Title 38, Article 12 (landlord-tenant law) and Title 13, Article 40 (forcible entry and detainer) of the Colorado Revised Statutes. Recent legislation including HB25-1249 (security deposit and late fee provisions, eff. Jan. 1, 2026) and HB22-1282 (radon disclosure, eff. Jan. 1, 2023) may affect this agreement. Local ordinances (Denver, Boulder, Aspen, etc.) may impose additional requirements including just-cause eviction, rent stabilization, or enhanced disclosures. Verify all provisions against current law and any applicable local ordinances before use.
Primary Sources (as of 2026-06):
- C.R.S. § 38-12-103 (security deposit - 60-day return)
- C.R.S. § 38-12-503 et seq. (implied warranty of habitability, 2021 reform)
- C.R.S. § 38-12-801 (radon disclosure - HB22-1282)
- C.R.S. § 38-12-402 et seq. (domestic violence lease termination)
- C.R.S. § 13-40-104 (unlawful detainer - 10-day notice)
- C.R.S. § 13-40-107 (21-day month-to-month termination)
- HB25-1249 (late fee ≤$50/5%; no wear-and-tear withholding; eff. Jan. 1, 2026)
- 42 U.S.C. § 4852d (lead-based paint disclosure)
