Colorado Lease Agreement

A Colorado lease agreement is a written contract between a landlord (or property manager) and a tenant that outlines the key details of a rental arrangement — including rent amount, lease duration, maintenance responsibilities, and both parties’ rights and obligations.

To be legally valid, the lease must follow the Colorado Residential Landlord and Tenant Act (C.R.S. Title 38, Article 12). This law protects both landlords and tenants by setting clear rules for rent payments, deposits, repairs, and notice periods.

Landlords and property managers in Colorado commonly use a few different types of leases:

• Fixed-Term Lease: Runs for a specific period (for example, 12 months). Rent and terms stay the same until the lease ends.
• Month-to-Month Rental Agreement: Automatically renews every month until either the landlord or tenant gives proper written notice (at least 21 days in Colorado).
• Sublease Agreement: Allows an existing tenant to rent out the property to another person (a “subtenant”) — but only with the landlord’s written approval.
• Commercial Lease: Used for business or retail spaces, such as offices or shops. These agreements are not covered by the Colorado Residential Landlord and Tenant Act and usually offer more negotiation flexibility.

To make a Colorado lease agreement legally compliant, be sure to include the following details:

• Tenant and Landlord Names: Full legal names of everyone involved.
• Property Address: Full legal address and unit details.
• Lease Term: Start and end dates, along with renewal or termination terms.
• Rent Details: Monthly rent amount, due date, payment methods, and late fee policy.
• Security Deposit Terms: Deposit amount, refund policy, and deductions. Deposits must be returned within 30 days after the tenant moves out, or within 60 days if stated in the lease (C.R.S. § 38-12-104).
• Entry Notice: Landlords must give at least 24 hours’ notice before entering the property for repairs or inspections, except in emergencies.
• Termination and Renewal Terms: State when and how the lease can be ended or extended.
• Required Disclosures: Lead-based paint disclosures (for properties built before 1978).
• Non-Refundable Fees: Any non-refundable fees must be clearly labeled as such; otherwise, they are assumed refundable (C.R.S. § 38-12-102(3)).
• Signature: Both landlord and tenant must sign and date the lease.

The main difference is the duration, flexibility, and legal obligations under Colorado law:

• Lease Agreement: Usually covers a fixed term—such as 6 or 12 months—with rent and terms locked in for that period. Breaking a lease early can lead to financial penalties unless both parties agree or the lease allows it.
• Rental Agreement: Typically runs month-to-month and renews automatically. Either party can end it with 21 days’ written notice, and landlords can adjust terms for the next month if they give proper notice.

In Colorado, a landlord cannot increase the rent during the term of a fixed-term lease unless the lease agreement specifically allows for such an increase (for example, through an escalation clause). The terms, including rent, are locked in for the entire duration of the lease.

However, for month-to-month rental agreements, a landlord can raise the rent, but they must provide at least 21 days’ written notice to the tenant before the rent increase takes effect (C.R.S. § 38-12-701).

If a tenant ends a lease before it expires, they may still be responsible for rent until the lease term ends—unless the landlord re-rents the unit quickly.

Under Colorado Revised Statutes § 38-12-503, landlords have a legal duty to mitigate damages if a tenant breaks the lease early. The landlord must make reasonable efforts to find a new tenant and re-rent the property as quickly as possible to reduce financial losses.

In Colorado, the renewal and termination rules depend on the type of lease:

• Fixed-Term Lease: Ends automatically on the stated end date unless both parties agree to renew. Renewals should always be done in writing, either through a new lease or a signed addendum. Early termination is only possible if the lease allows it or both sides agree.
• Month-to-Month Lease: Automatically renews each month until someone gives proper notice. Either landlord or tenant can end the agreement with 21 days’ written notice before the next rental period begins.

Yes — but only if both the landlord and tenant agree in writing.

Any changes should be added as a lease addendum that clearly describes what’s being modified (for example, a rent change, pet policy, or added occupant). Both parties must sign and date the addendum to make it legally binding.