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What the form covers?
This Colorado residential lease agreement includes landlord-tenant laws which include limited security deposit amounts and rent increases only after 12 months. They must keep rental units habitable and can evict tenants for specific legal reasons. A 24-hour notice for landlord entry is recommended. Retaliation is prohibited, and tenants can terminate leases for domestic violence with proper documentation.
The following provides a detailed overview of the laws in this agreement:
- Security Deposit Requirements
- Rent Increases and Rent Control
- Habitability Requirements
- Landlord-Tenant Eviction Laws
- Landlord Entry Rights
- Retaliation Protections for Tenants
- Lease Termination and Renewal Notices
- Late Rent Payment Fees
- Domestic Violence Protections
Security Deposit Requirements
Summary (C.R.S. § 38-12-102.5↗):
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- Deposit Limit – The maximum amount of security deposit that a landlord can charge is the amount that is equal to or less than one (1) month’s rent unless the property is unfurnished than the maximum amount is 1.5 times the rent.
- Deposit Return –The landlord must return the security deposit within one (1) month. However, if the lease agreement outlines a deadline date for the return of the security deposit, the landlord must adhere to such a deadline, which cannot exceed sixty (60) days.
- Return after Termination – In cases where the lease has been terminated as a result of hazardous conditions arising from gas equipment, the tenant is entitled to receive their security deposit within a maximum of seventy-two (72) hours.
- Failure to return deposit – the landlord could be liable for 3 times the deposit amount if the landlord wrongfully withholds the deposit from the tenant after the return time limit.
Rent Increases and Rent Control
Summary (colorado.gov↗): There’s no rent control in Colorado, however landlords cannot raise tenants rent until they have been renting for 12 months or more.
Habitability Requirements
Landlord-Tenant Eviction Laws
Summary (§ 13-40-104(1)(d)↗): Landlords can only evict tenants when there is ‘legal cause’, which include the following:
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- non-payment of rent
- violates the lease agreement
- commits a crime or is violent to another resident
Landlord Entry Rights
Summary (§ 38-12-1004↗):
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- Landlords are not obligated to give tenants prior notice before entering their premises. However, it is highly recommended that landlords provide a notice period of 24 to 48 hours in advance of non-emergency entry.
- Landlords do not need to give a 24-hour notice to tenants if the access is for Bed Bug Fumigation.
Retaliation Protections for Tenants
Summary (Colo. Rev. Stat. § 38-12-509↗):
Landlords cannot retaliate by:
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- increasing rent or decrease a service
- terminating lease
- not renewing the lease
- file legal action for possession
- threat, harass, or discriminates against tenant
- charging any type of penalty fees
Lease Termination and Renewal Notices
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- 91-day notice to renew a 1-year lease
- 28-day notice for 6 months to a year lease
- 3-day notice for weekly leases
Late Rent Payment Fees
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- Maximum Penalty – Landlords may charge a late fee of $50 or 5% of past due rent, whichever is greater, as the maximum penalty.
- Grace Period – In the state of Colorado, lessees are granted a seven (7) day grace period for late rental payments. Property owners are prohibited from imposing any fees or penalties on rental payments until the eighth (8th) day.
- Notice to Quit – If the tenant fails to make rent payment by the end of the grace period, the landlord can issue a ten-day notice to vacate.
- Written Disclosure – Colorado landlords or their agents can charge late fees if disclosed on the lease.
- NSF Fee – $20 per bounced check.
Domestic Violence Protections
Summary (Colo. Rev. Stat. § 18-6-800.3↗):
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- Tenants can terminate lease with proper reporting on domestic violence which includes crimes against a person, property, animal, or any municipal ordinance violation.
Frequently Asked Questions
Q. How to break a lease in Colorado?
Answer (Colo. Rev. Stat. § 13-40-107↗): To break a lease in Colorado, proper notice needs to be given, pay the associated fees and/or penalties and find a new tenant.
Q. How to evict a Tenant in Colorado?
Answer: Must provide written notice. If the Tenant refuses to leave then the Landlord must file legally through the Colorado Judicial Branch↗.
Q. What are the required disclosures in a Colorado residential lease?
Answer (§ 4852d↗),(Colo. Rev. Stat. § 38-12-803↗):
- Lead-Based Paint Disclosure Form – Any housing structure built before 1978.
- Radon Disclosure Form – Landlords must comply with the Radon Disclosure law and they must provide a brochure on the dangers of radon from the Department of Health & Environment.
Recommended Services
Colorado Division of Real Estate Website – dre.colorado.gov↗