A written lease is the foundation of any landlord-tenant relationship in Colorado. Governed by the Colorado Revised Statutes (originally enacted in 1885), lease requirements have been extensively modernized by recent legislation including HB 23-1095 (effective August 7, 2023) and HB 24-1098 (effective April 19, 2024). Landlords must urgently audit their standard lease templates to ensure they do not accidentally contain newly illegal or unenforceable clauses prohibited under C.R.S. § 38-12-801.

Official Law Citation: The rules and regulations outlined on this page are strictly configured under the official Colorado Revised StatutesPreview unavailable.

The Written Requirement

Under Colorado’s Statute of Frauds (C.R.S. § 38-10-108), any lease intended to last for a period longer than one year must be in writing and signed to be legally enforceable. While oral leases lasting one year or less may be legally recognized, modern Colorado housing regulations often require written disclosures regardless of the term length, making written leases practically essential.

Essential Lease Elements

To remain functional and compliant during a potential Forcible Entry and Detainer (FED) action (typically filed in County Court), a Colorado lease must include:

1. Complete Identities: The legal names of all adult occupants and the property owner (or managing agent).
2. Property Description: The exact address, including unit numbers.
3. Financial Terms: The base rent, exact due dates, and all accepted payment methods. Note that under HB 23-1095, only the set monthly payment for occupancy may be characterized as "rent" for the purpose of eviction remedies.
4. Security Deposit Details: The amount collected, and explicitly defining what actions will result in deductions.
5. Notice Requirements: Clear instructions delineating how the tenant must request maintenance or deliver official notices to the landlord.

Strictly Prohibited Clauses (C.R.S. § 38-12-801)

Including any of the following clauses in a Colorado residential lease makes those clauses void and unenforceable under C.R.S. § 38-12-801, and may expose the landlord to statutory penalties. Note that some of these prohibitions do not apply to owner-occupied duplexes, triplexes, or accessory dwelling units.

1. Waiving the Warranty of Habitability

A landlord cannot bury a clause requiring poor maintenance standards. Tenants cannot legally sign away their right to a safe, structurally sound, and sanitary living environment (C.R.S. § 38-12-503), nor can they waive their right to repair-and-deduct remedies under SB 24-094.

2. Characterizing Non-Rent Fees as "Rent"

Under HB 23-1095, a lease cannot characterize any amount or fee (such as utilities or late fees) as "rent" for which eviction is an available remedy. Only the set monthly payment for occupancy qualifies as rent.

3. Waiver of Jury Trial and Class Actions

Leases may no longer include provisions where a tenant waives the right to a jury trial or the ability to pursue, join, or support class or collective claims and actions.

4. Third-Party Fee Markups

Landlords are prohibited from including provisions that require a tenant to pay a fee markup for a service for which the landlord is billed by a third party.

5. Illegal Late Fee Structures

Under C.R.S. § 38-12-105, leases cannot assess a late fee until rent is at least 7 days past due. Furthermore, the lease cannot require a late fee that exceeds the greater of $50 or 5% of the past-due rent amount.

6. For-Cause Eviction Waivers

Following HB 24-1098, landlords cannot enforce lease terms attempting to circumvent the new "For-Cause" eviction rules. Valid cause for eviction now includes specific grounds such as nonpayment of rent, substantial repairs, or a tenant's refusal to sign a new lease with reasonable terms.

Deploy Air-Tight Digital Leases

Stop relying on outdated, patched-together lease PDFs. Landager allows you to build compliant, state-specific lease agreements that automatically integrate updated 7-day late-fee grace periods and legal deposit minimums directly into the digital signature flow.

Sign compliant Colorado leases with LandagerPreview unavailable

How Landager Helps

Landager tracks lease terms, required compliance items, and accounting records - making it easy to stay compliant with Colorado regulations.

Back to Colorado Landlord-Tenant Laws OverviewPreview unavailable.