Landlords and tenants have rights and responsibilities that they have to follow to keep a good leasing relationship. In the case of landlords, they have to provide a habitable property that follows both state and local laws. The Colorado landlord tenant laws vary slightly depending on the area, so every landlord must seek legal advice before drafting arental agreement documentfor their property.
In this article, you can learn more about the landlord-tenant laws in Colorado so that you know how they can affect your lease document. If you have any pending doubts, don't hesitate to contact anattorney or real estate property manager.
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Now, let’s dive in.
What is a Rental Agreement in Colorado?
Also known as "Lease Agreements," a rental agreement is a formal contract that a landlord creates for leasing their commercial or residential property in the Colorado state. This document serves as a legal tool that indicates the responsibilities and rights of all parties involved in the lease.
Colorado landlord-tenant law states that these agreements are needed for tenants who are planning to rent for 12 months or longer. However, most landlords draft lease agreements regardless of the duration of the term; this provides legal protection against any issues.
What Does a Lease Agreement In Colorado Include?
This may vary depending on the landlord and state laws, but generally, this is the information that most landlords must include in this document:
- Contact information of all the parties involved in the lease (Landlord included).
- Address and description of the leased property.
- Lease duration.
- Rent amount and due date.
- Landlord and tenant responsibilities.
- Miscellaneous clauses (Pet laws, smoking laws, etc.)
Is Colorado a Landlord or Tenant-Friendly State?
As of today, Colorado is considered a landlord-friendly state since there are few restrictions regarding evictions for late-payments and security deposits. On the other hand, Colorado is one of the few states that allow landlords to enter their propertywithout notice.
Rights & Responsibilities
Landlords
According to housing laws in the state of Colorado, landlords must provide a habitable unit for every tenant. A landlord has to ensure that the utilities are in good condition before leasing their property; these utilities include running water, electrical wiring, heating systems, plumbing, fixtures, etc. This is stated in the "Warranty of Habitability" law.
On the other hand, landlord-tenant laws in Colorado require landlords to provide repairs in a reasonable amount of time to comply with the Warranty of Habitability laws. Colorado tenants have the right to send a written notice of repair when they consider it appropriate, and landlords have up to 24 hours to fix the issue.
A landlord has the right to collect rent, deduct damages from security deposits (if applicable), and seek legal help if the tenant breached the terms of the lease.
Tenants
Tenant rights state that they may exercise their right to habitable housing whenever they consider it appropriate; this includes asking for utilities in good condition, getting repairs in a reasonable amount of time, and collecting their security deposit once they leave the premises.
Additionally, tenants must comply with the following requirements to keep agood relationshipwith their landlord:
- Pay rent on time.
- Keep the property free of trash or waste.
- Keep the property safe and in good condition.
- Provide any required repairs as long as they're minor.
Rental Laws
As stated by Colorado landlord-tenant laws, landlords are free to charge any amount of rent they consider appropriate for their unit since the state doesn't ask for any specific requirements.
Keep in mind that a Colorado tenant maywithhold rentif they consider that the unit is not habitable and/or contains a potential health hazard for them. Tenants might withhold rent under these conditions if they provided notice of these damages beforehand. In most cases, the notice should be with a minimum of 10 days and a maximum of one month.
Rent Control Law
There are no rent control regulations in Colorado, meaning that a landlord may be able to raise rent prices as much as they want without any problems. Additionally, they're not required to provide notice about rent increases.
Late Fee Law
According to the Colorado landlord-tenant law, a landlord cannot charge a late fee greater than $50. It is also important to note that late fees cannot be charged if not specified in the lease or rental agreement.
Grace Period Law
When it comes to paying rent in Colorado, some landlords may specify a grace period for unpaid rent. However, this is not a legal requirement in Colorado, so it's up to the landlord to decide if they want to include these clauses in their lease agreement.
Want to download your own lease agreement template?Visit DoorLoop's Forms Page for your very own Colorado lease agreement template.
Security Deposit Laws
While they're not a legal requirement in Colorado, most landlords tend to collect a security deposit in case ofany damages that exceed normal wear and tear. Normally, the security deposit should be equal to the value of one month's rent.
In case the tenant decides to terminate the lease and leave the property, the landlord must return the security deposit within 30 or 60 days. If there is a hazardous condition in the unit, landlords must return the security deposit in a maximum of three days.
A landlord may withhold part of a security deposit if the damages exceed normal wear and tear or if there are any pending utility bills or unpaid rent.
Evictions & Early Terminations
A landlord may choose to evict a tenant for several reasons that imply a rental agreement breach. The most common grounds for eviction are listed below:
- Lease contract breach.
- Criminal activity.
- Withholding rent without cause.
In those cases, landlords must give at least a three-day eviction notice. An at-will tenant may receive an eviction notice in advance depending on the time they've lived on the rental unit. The minimum is a one-day notice for weekly leases, and the maximum is a 91-day notice for a tenant who has lived on the unit for more than a year.
Alternatively, a tenant in Colorado may terminate the lease early if one of the following required conditions are met:
- Active military service.
- Hazardous or uninhabitable rental unit.
- Domestic violence.
- Early termination clauses.
Read more aboutearly termination clauses and eviction laws.
See our full guide on the eviction process and laws for Colorado.
Other Important Lease Clauses
Housing Discrimination and Tenant Protection
The Fair Housing Act and the Colorado Department of Regulatory Agencies - Civil Rights Division offer protection for tenants who have been discriminated against for any reason. According to state laws in Colorado, a tenant can be considered discriminated against for any of the following:
- Familial status
- Marital status
- National origin
- Sexual orientation
- Religion
- Gender
Tenants can file adiscrimination lawsuitonline if they consider it appropriate.
Right to Entry for Landlords
There are no specific landlord-tenant laws in Colorado regarding a landlord's right to enter their rental; this means that a landlord is not required to give any notice to enter the rental. However, most landlords and tenants come to an agreement on any notification clauses to avoid issues in the future.
In most cases, a landlord may give the tenant one or two days' notice before entering the premises.
Small Court Laws in Colorado
A Colorado small claims court can hear disputes regarding rent and security deposits that total a maximum of $7,500. However, it doesn't hear eviction cases. Landlord-tenant agreements in Colorado usually have a three-year statute of limitations.
Lead-Based Paint Disclosure
According to this landlord-tenant law, the landlord must give the tenant any information regarding lead paint if his unit was built before 1978.
Conclusion
Colorado is highly flexible regarding landlord-tenant laws, allowing landlords to have a broader set of options to choose from for their lease documents. It's important that landlords are reasonable with their requirements and ensure that their tenants are compliant with them.
If you have any more doubts regarding these laws in Colorado, we suggest that you seeklegal advice.
P.S. Please check all current and updated laws. Apparently there is now a restriction on how much and when a landlord may charge late fees. One reader indicated that they may only charge $50 or 5% of monthly rent, and they may only charge it one time for each late month, but please verify this with your local attorney.
Webinar
DoorLoop hosted this webinar with attorney Michael Larranaga from Larranaga Law to help answer many of your legal questions. Michael specializes in real estate law and evictions in Colorado and we covered:
- Landlord-tenant issues and laws
- Grounds to evict a tenant
- Eviction process
- Preventing delays or fines
- Hiring an Attorney vs DIY
- Post COVID legal changes
Feel free to learn more and watch this webinar for free.
