Free Colorado Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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Colorado Residential Lease Agreement

A Colorado residential lease (also called a Colorado rental agreement) sets the rent, term and house rules for a home rental. A Colorado residential lease agreement is governed by C.R.S. Title 38, Article 12 (Tenants and Landlords) and the forcible entry and detainer statute, C.R.S. §13-40-101 et seq. — both heavily amended since 2019. Colorado now caps late fees and pet deposits, limits rent increases to once a year, requires cause to evict most tenants of 12 months or more, and tightened deposit returns again in 2026.

Colorado landlord–tenant law at a glance

Colorado residential lease law summary
Security deposit limit	2 months’ rent; a separate pet deposit is capped at $300C.R.S. §§38-12-102.5, 38-12-106
Deposit return	30 days, or up to 60 days if the lease says so; noncompliance forfeits the right to withholdC.R.S. §38-12-103
Late fees	Only once rent is 7+ days late; max the greater of $50 or 5% of past-due rentC.R.S. §38-12-105
Rent increases	Once per 12 months; 60 days’ written notice where there’s no written leaseC.R.S. §§38-12-701, -702
Landlord entry	No statutory notice period — the lease controls
Month-to-month termination	21 days under the common reading — 28 or 91 days if the tenancy is read by total length; cause is required for most tenants of 12+ monthsC.R.S. §13-40-107
Nonpayment eviction notice	10-day demand (5 days under a qualifying “exempt residential agreement”)C.R.S. §13-40-104(1)(d)
For-cause eviction	Required for most tenants of 12+ months; no-fault grounds need 90 days’ noticeC.R.S. §38-12-1303

Security deposits in Colorado

Since August 7, 2023, a Colorado landlord can’t require a security deposit of more than two monthly rent payments (§38-12-102.5). Colorado also regulates the return tightly — and the penalties for getting it wrong are among the harshest in the country. HB25-1249, effective January 1, 2026, added new documentation and wear-and-tear rules on top.

Return deadline — The deposit, or a written statement listing the exact reasons for keeping any part of it together with the balance, is due within 30 days after the lease ends or the premises are surrendered, whichever is later. The lease may extend this to no more than 60 days (§38-12-103(1), as amended by HB25-1249).
Forfeiture — Missing the deadline, otherwise failing to follow the statute, or wrongfully withholding forfeits the landlord’s right to withhold any portion of the deposit — even for real damage (§38-12-103(2)).
Treble damages — Wrongfully withholding a deposit makes the landlord liable for three times the amount wrongfully withheld plus attorney fees and court costs, and the landlord bears the burden of proving the withholding wasn’t wrongful. The tenant must first give at least 7 days’ written notice of the demand and intent to sue (§38-12-103(3)). Since 2026, keeping 125% or more of the landlord’s actual damages is presumed to be bad faith (§38-12-103(3.5)).
Wear and tear (2026) — Deductions can’t be taken for normal wear and tear or for conditions that existed before the tenancy, and a lease clause charging the tenant for such work is void. Within 14 days after a tenant’s written request, the landlord must share the photos, inspection reports, receipts, invoices or estimates supporting any deduction (§38-12-103(7)(b), (8), added by HB25-1249).
Pet deposits & pet rent — A pet deposit can’t exceed $300 and must be refundable; monthly pet rent is capped at the greater of $35 or 1.5% of the monthly rent (§38-12-106). Assistance animals aren’t pets and can’t be charged either.

Rent, late fees & rent increases

Late-fee cap — A late fee can’t be charged until rent is at least 7 calendar days late, can’t exceed the greater of $50 or 5% of the past-due rent (in total, for any one late payment), and must be disclosed in the lease. A landlord can’t evict, or terminate a tenancy, because the tenant hasn’t paid late fees, and a non-compliant lease clause is void (§38-12-105).
Once a year — Rent may not be increased more than once in any 12-month period of consecutive occupancy, whatever the lease says (§38-12-702).
Increase notice — Where there’s no written lease, an increase requires at least 60 days’ written notice, and a landlord can’t serve a notice to quit to get around that rule (§38-12-701). With a written lease, the lease’s notice terms govern, subject to the once-a-year limit.
Total-price rules — Since January 1, 2026, an advertised or offered rent must be shown as a total price that includes mandatory fees (other than actual utility costs), and landlords can no longer charge certain fees — including common-area maintenance fees, property-tax pass-throughs, and payment-processing fees when no free way to pay is reasonably available (C.R.S. §6-1-737, added by HB25-1090).
Rent control — Counties and cities are barred from enacting rent control on private residential property (§38-12-301).

Landlord entry & access

Colorado has no general statute setting a notice period for landlord entry. Access is governed by the lease and the tenant’s right to quiet enjoyment — and Colorado law now voids any lease clause that waives the covenant of quiet enjoyment (§38-12-801). A clear, reasonable notice window in the lease (24 hours is common) protects both sides.

For habitability repairs, a tenant who reports an uninhabitable condition can include permission to enter with the written or electronic notice; the landlord’s 96-hour deadline to begin remedial work for those conditions runs from that notice (§38-12-503(2)).

Ending a Colorado tenancy

Colorado sets the notice to end a tenancy by the length of the tenancy rather than a flat 30 days (§13-40-107(2)). For a month-to-month tenancy, the period usually applied is 21 days, but the 2024 amendments tie the notice to “the length of the applicable tenancy”, and many practitioners read that as total occupancy — 28 days after six months and 91 days after a year — so the longer notice is the safer course. Since 2024, a landlord can rely on these notices alone only where the for-cause rules don’t apply — for example, a tenant who has been in place for less than 12 months (§13-40-107(1)).

Notice to end a Colorado tenancy with no fixed term (C.R.S. §13-40-107(2))
Tenancy of 1 year or longer	91 days
6 months to 1 year	28 days
1 month to 6 months	21 days
1 week to 1 month, or tenancy at will	3 days
Less than 1 week	1 day

For-cause eviction — Once a tenant has been in the unit for at least 12 months, a landlord generally can’t end or refuse to renew the tenancy without a statutory cause — such as nonpayment, a lease violation, or one of the no-fault grounds below (§38-12-1303). Owner-occupied single-family homes, duplexes and triplexes, short-term rentals and employer-provided housing are exempt (§38-12-1302).
No-fault grounds — Demolition or conversion, substantial repairs, the landlord or a family member moving in, taking the unit off the market to sell, the tenant refusing a new lease on reasonable terms, or rent paid more than 10 days late more than twice during the lease — each generally requiring at least 90 days’ written notice (§38-12-1303(3)). If the landlord can’t show compliance, a court must dismiss the eviction (§38-12-1306).
Nonpayment & lease violations — A 10-day written demand to pay or cure is required for residential tenancies (§13-40-104(1)(d), (e)). A landlord who owns five or fewer single-family rental homes may use 5 days only under an “exempt residential agreement” — a lease of a single-family home that itself states the 10-day period doesn’t apply (§13-40-104(5)(b)).
Domestic violence — A tenant who is a victim of domestic violence, stalking or unlawful sexual behavior may end the lease early with written notice and qualifying documentation (§38-12-402).

Required disclosures in Colorado

Radon — Before signing, the landlord must give a bold-faced radon warning, disclose any known radon tests, reports or mitigation, and provide the state health department’s radon brochure (§38-12-803).
Source-of-income notice — The written lease must state that Colorado law prohibits source-of-income discrimination and requires non-exempt landlords to accept lawful, verifiable income, including housing assistance. This lease-statement rule doesn’t apply to a landlord with five or fewer single-family rental homes and no more than five rental units in total (§38-12-801(2.5)).
Landlord identity & copy — The lease must identify the landlord or agent, and a fully signed copy must be given to the tenant within 7 days — electronically unless a paper copy is requested (§38-12-801).
Lead-based paint — Federal warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).

Habitability & repairs

Every Colorado residential lease carries a warranty that the premises are fit for human habitation at the start of the tenancy and throughout it (§38-12-503). Once the tenant gives written or electronic notice of a problem, the landlord must respond — within 24 hours for conditions that materially interfere with life, health or safety — and begin remedial work within the statutory deadlines, which run from 24 to 96 hours depending on the condition.

The warranty can’t be waived: any agreement that waives or modifies the warranty of habitability is void (§38-12-503).

Tenant protections you can’t waive

Void lease clauses — A lease can’t include one-way attorney-fee clauses (fees must go to the prevailing party), penalties tied to eviction notices, waivers of jury trial (except in a possession hearing), class actions, good faith, quiet enjoyment or mandatory eviction mediation, recovery of mandatory-mediation costs, fees for missing a nonrenewal notice beyond actual losses, or a clause treating any charge other than the monthly rent as “rent” that can support an eviction (§38-12-801(3)).
For-cause rules — Any agreement waiving or modifying the for-cause eviction protections is void (§38-12-1305).
No self-help eviction — Removing or excluding a tenant without a court order exposes the landlord to actual damages plus statutory damages of the greater of three months’ rent or $5,000, and attorney fees (§38-12-510).
No retaliation — A landlord can’t raise rent, cut services, terminate the lease or threaten eviction because the tenant made a good-faith complaint about conditions, joined a tenant organization or exercised legal rights (§38-12-509).

Colorado lease agreement FAQs

How much can a landlord charge for a security deposit in Colorado?

No more than two monthly rent payments (C.R.S. §38-12-102.5, in force since August 7, 2023). A separate pet deposit is capped at $300 and must be refundable, and pet rent can’t exceed the greater of $35 or 1.5% of monthly rent (C.R.S. §38-12-106).

How long does a landlord have to return a security deposit in Colorado?

Thirty days after the lease ends or the unit is surrendered, whichever is later — or up to 60 days if the lease specifies a longer period (the deadline changed from one month on January 1, 2026). Missing the deadline forfeits the right to keep any of it, and wrongful withholding can cost three times the amount withheld (§38-12-103).

What is the maximum late fee in Colorado?

The greater of $50 or 5% of the past-due rent, and only after rent is at least 7 calendar days late. The fee must be in the lease, the cap applies to the total late fees for any one late payment, and unpaid late fees can’t be grounds for eviction (§38-12-105).

How much notice to raise rent in Colorado?

Rent can only go up once in any 12-month period (§38-12-702). Without a written lease, the landlord must give at least 60 days’ written notice (§38-12-701); with a written lease, follow its terms. Local rent control is prohibited (§38-12-301).

Can a Colorado landlord enter without notice?

Colorado has no statute fixing an entry-notice period, so the lease governs, subject to the tenant’s right to quiet enjoyment. Most leases require about 24 hours’ notice except in emergencies.

Can a Colorado landlord end a lease without cause?

Not for most tenants who have lived in the unit 12 months or more. Since April 2024, the landlord needs a statutory cause — such as nonpayment, a lease violation, or a no-fault ground like selling or moving in, which requires 90 days’ notice (§38-12-1303). Owner-occupied homes with up to three units and a few other categories are exempt.

How much notice for nonpayment of rent in Colorado?

A 10-day written demand to pay or move out for residential tenancies (§13-40-104(1)(d)). A landlord with an “exempt residential agreement” — a lease of a single-family home by a landlord who owns five or fewer single-family rental homes, where the lease itself states that the 10-day period doesn’t apply — may use 5 days (§13-40-104(5)(b)).

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