Colorado Residential Lease Agreement

Colorado overhauled its tenant-protection landscape with a wave of 2021–2024 statutes — HB21-1121 (mandatory pre-eviction notice), HB22-1287 (radon disclosure), HB23-1095 (illegal lease provisions), HB23-1099 (2-month deposit cap + source-of-income protection, effective August 7, 2023), and HB23-1196 (repair-and-deduct expansion). Layer in the mandatory 7-day rent grace before late fees can be charged, the $50/5% statutory cap on those late fees, the aggressive 24-hour/72-hour habitability repair tier, the gas-hazard 72-hour-or-vacate remedy, the bed-bug disclosure for ALL rentals (not just multi-family), the electric-vehicle-charging right, and the lease-type-dependent eviction-notice tiers (5-day Exempt / 3-day Employer-Provided / 10-day Standard) under C.R.S. § 13-40-104. BuildMyLease's Colorado lease bakes all of that in alongside informational callouts for the Front Range tenant-protection layers in Denver, Boulder, Fort Collins, and Colorado Springs.

$29.00 per generated document.

What a Colorado lease must include

Standard lease elements

  • Parties and the Colorado county + street address of the rental.
  • Lease term — fixed end date or a periodic (month-to-month) tenancy.
  • Monthly rent amount, due date, and accepted payment methods.
  • Security deposit amount with the 2-month cap enforced at /review.
  • Utilities — which the landlord covers and which the tenant pays.
  • Occupancy rules, pets, smoking, and entry procedures.
  • Default, eviction-notice tiers (5/3/10 day per C.R.S. § 13-40-104), and 30-day periodic-tenancy termination language.
  • 1-month default deposit return + treble-damages exposure for willful wrongful withholding.
  • Mandatory pre-lease disclosure block: radon, bed-bug, gas-hazard remedy, EV-charging right, owner identification.
  • HB23-1095 illegal-lease-provisions enumeration.
  • Signatures of all parties.

Colorado-required disclosures

  • Federal lead-paint disclosure and EPA pamphlet for any unit built before 1978. (42 U.S.C. § 4852d; 24 C.F.R. Part 35)
  • Radon disclosure — written warning + known test results + mitigation history + Colorado Department of Public Health and Environment radon brochure, before lease signing (HB22-1287). (C.R.S. § 38-12-803(2))
  • Bed-bug disclosure — landlord may not knowingly rent infested unit; obligation applies to ALL rentals (not just multi-family). (C.R.S. § 38-12-1004 et seq.)
  • Gas-hazard remedy — 72-hour repair window or tenant may vacate and recover deposit + prepaid rent. (C.R.S. § 38-12-104)
  • Owner / agent identification — name and address of landlord (or authorized agent) in the lease body. ((state law))

Colorado-specific workflow

  • 2-month security-deposit cap, effective August 7, 2023 under HB23-1099. C.R.S. § 38-12-102.5.
  • 1-month default deposit return; lease may extend to up to 60 days. C.R.S. § 38-12-103(1).
  • Treble damages for willful wrongful withholding of the deposit. C.R.S. § 38-12-103(3).
  • 7-day mandatory rent grace before late fees may be charged. C.R.S. § 38-12-105(1).
  • Late fee capped at the greater of $50 or 5% of past-due rent. C.R.S. § 38-12-105(1).
  • Late fee must be disclosed in the written lease; no interest may accrue on the fee; and a late fee alone may not be the sole basis for eviction.
  • 24-hour repair window for life-safety conditions; 72-hour window for lesser uninhabitable conditions. C.R.S. § 38-12-503.
  • Repair-and-deduct after written notice — 10-day default, 48-hour serious. C.R.S. § 38-12-507(1)(c).
  • Eviction notice tiers per lease type: 5-day Exempt Residential / 3-day Employer-Provided / 10-day Standard Residential. C.R.S. § 13-40-104.
  • 30-day periodic-tenancy termination floor.
  • Self-help eviction prohibited. C.R.S. § 38-12-510.
  • Source-of-income protection (HB23-1099). C.R.S. § 24-34-502.2.
  • Statewide rent-control preemption: cities cannot impose rent control on private residential property. C.R.S. § 38-12-301.

Colorado DOLA — Laws for Renters and Tenants

How a Colorado lease is structured

  1. The document opens with parties, the Colorado county, and the rental-property address.
  2. The property-location subphase surfaces the rent-control preemption + the Colorado Anti-Discrimination Act non-discrimination + a single combined major-city overlay informational callout for Denver, Boulder, Fort Collins, and Colorado Springs.
  3. The term section identifies the arrangement as fixed-term with an end date or as a periodic tenancy with the 30-day termination floor.
  4. The rent section sets the monthly amount, due date, accepted payment methods, and surfaces the 7-day rent-grace floor + the $50/5% statutory late-fee cap.
  5. The security-deposit section captures the deposit amount and renders the post-HB23-1099 2-month cap, the 1-month default return (extendable to 60 days), the treble-damages exposure for willful wrongful withholding, and the warranty of habitability.
  6. A dedicated Colorado-disclosures subphase informs the user that the lease will automatically include the radon disclosure, the bed-bug disclosure, the gas-hazard 72-hour-or-vacate remedy, the EV-charging right, and the owner-identification clause.
  7. The document closes with the C.R.S. § 13-40-104 eviction-notice tiers, the SCRA service-member protections, the self-help-eviction prohibition, the HB23-1095 illegal-lease-provisions enumeration, the statutory mutual attorney's-fees clause, and the non-discrimination clause covering CADA + HB23-1099 source-of-income + the federal Fair Housing Act — followed by signatures.

BuildMyLease assembles all of this for you in a guided interview.

Free Colorado lease template vs BuildMyLease

Free Colorado lease templates are everywhere, but most pre-date the 2023 wave of statutes (HB23-1095 / HB23-1099 / HB23-1196), miss the 7-day grace floor, get the $50/5% late-fee cap wrong, and skip the radon disclosure that HB22-1287 requires. Here is the honest side-by-side.

Free templateBuildMyLease
2-month deposit cap (HB23-1099)Pre-2023 templates frequently allow 2× or even 3× rent. Effective Aug 7, 2023, anything above 2× is unenforceable.Hard /review error blocks the lease when the entered deposit exceeds 2× monthly rent.
7-day rent grace + $50/5% late-fee cap (C.R.S. § 38-12-105)Many templates allow late fees from day 2 with flat fees of $75 or $100 — both unenforceable under the 2022 amendments.Hard /review error blocks the lease when grace days are below 7; soft-warn flags fees above 5% of monthly rent.
Radon disclosure (HB22-1287)Almost universally absent from pre-2022 templates.Verbatim radon-warning clause + brochure-acknowledgment block, rendered in every Colorado lease.
24-hour / 72-hour habitability tier (C.R.S. § 38-12-503)Often summarized as "reasonable time" — Colorado's tiered timing is more aggressive.Dedicated habitability clause with the 24h/72h tier spelled out + the repair-and-deduct remedy.
HB23-1095 illegal-lease-provisions enumerationMany templates still include unenforceable jury-trial waivers and one-sided fee-shifting clauses.Dedicated clause naming the unenforceable provisions + a statement that any conflicting clause is void.
Cost$0.$29 per document.

Who this is for

This is for

  • Colorado landlords managing 1–25 private-market units (single-family, condo, small multi-family).
  • Owners who want the post-HB23-1099 2-month deposit cap, the 7-day grace floor, the radon disclosure, the 24h/72h habitability tier, and the HB23-1095 illegal-provisions enumeration baked in without researching each statute.
  • Front Range landlords in Denver, Boulder, Fort Collins, or Colorado Springs who need the major-city overlay informational callout rendered automatically.
  • Landlords issuing a new fixed-term lease OR a periodic tenancy that needs the 30-day termination floor + the C.R.S. § 13-40-104 lease-type cure-period framework.

This isn't for

  • Renting fewer than five SFH units where the landlord wants the Exempt-Residential 5-day cure period structurally enforced — BuildMyLease's wizard does not yet capture lease-type as a structured field; counsel review recommended.
  • Mobile-home park tenancies (separate Colorado statutory regime).
  • Section 8 / federally subsidized tenancies — those carry separate HAP-contract requirements that this document does not encode.
  • Renting to an employee where the lease should be the Employer-Provided Housing Agreement variant with a 3-day cure — counsel review recommended.
  • Ongoing eviction proceedings — those require court forms, not a lease.
  • Commercial leases.

Frequently asked questions

What is the maximum security deposit in Colorado?

Two months' rent, effective August 7, 2023. C.R.S. § 38-12-102.5, added by HB23-1099. BuildMyLease blocks /review when the entered deposit exceeds the 2× ceiling.

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

One month by default. The lease may extend the deadline to up to 60 days. Willful wrongful withholding can result in TREBLE damages plus reasonable attorney's fees. C.R.S. § 38-12-103.

When can a Colorado landlord charge a late fee?

Not until rent is at least seven (7) calendar days past due. The fee is capped at the greater of $50 or 5% of past-due rent. The fee must be disclosed in the written lease, no interest may accrue on it, and a late fee alone may not be the sole basis for eviction. C.R.S. § 38-12-105(1).

Does Colorado require a radon disclosure?

Yes. Before the tenant signs the lease, the landlord must provide a written radon warning, disclose any known test results and mitigation history, and offer a Colorado Department of Public Health and Environment radon brochure. C.R.S. § 38-12-803(2), added by HB22-1287.

What is the warranty of habitability?

Within 24 hours for conditions threatening life, health, or safety (no heat, no water, gas leaks, electrical hazards), and within 72 hours for lesser uninhabitable conditions. C.R.S. § 38-12-503. Tenant may invoke the repair-and-deduct remedy after additional written notice if the landlord fails to act.

Does Colorado have rent control?

No. Under C.R.S. § 38-12-301, no county, home-rule city or county, statutory or charter city, or town in Colorado may enact any ordinance or resolution that controls rent on private residential property.

How much notice is required to terminate a month-to-month tenancy?

At least 30 days' written notice before the end of any monthly rental period, applied symmetrically to landlord and tenant. Landlord-side termination for cause must additionally satisfy the C.R.S. § 13-40-104 cure-period framework.

What are the eviction notice tiers in Colorado?

Under C.R.S. § 13-40-104, the cure period depends on the lease type: 5 days for an Exempt Residential Agreement (landlord owns 5 or fewer SFH rentals); 3 days for an Employer-Provided Housing Agreement; and 10 days for a Standard Residential Agreement (the default).

What lease provisions are illegal in Colorado?

Under HB23-1095, codified at C.R.S. § 38-12-801, certain lease provisions are deemed unenforceable, including jury-trial waivers, one-sided fee-shifting clauses, indemnification of the landlord for landlord's own negligence, certain liquidated-damages clauses, and provisions shifting code-compliance to the tenant. To the extent any provision of the lease violates § 38-12-801, that specific provision is unenforceable.

Does Colorado protect tenants against discrimination based on source of income?

Yes. Under HB23-1099, codified at C.R.S. § 24-34-502.2, the Colorado Anti-Discrimination Act now prohibits housing discrimination based on lawful source of income, including Section 8 Housing Choice Vouchers, veterans' benefits, and similar lawful income sources. The federal Fair Housing Act applies as a separate overlay.