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Christy Bieber is a personal finance and legal writer with more than a decade of experience. She earned her JD from UCLA School of Law and was an adjunct professor at the start of her career, teaching paralegal studies and related courses. In addition to writing for the web, she has also designed educational courses and written textbooks focused on a variety of legal subjects.
Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
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A Colorado lease agreement is a contract. A landlord and tenant create this type of contract when property is rented to a tenant. It is enforceable in civil court and outlines the rights and responsibilities of both parties to the lease.
This guide explains what a Colorado lease agreement is and how a template can help landlords and tenants draft an appropriate contract. Forbes Advisor has created a free Colorado lease agreement template you can use to create your own lease. Simply enter your email address to get a template delivered to your inbox.
Colorado Lease Agreement Template
A Colorado lease agreement template should be carefully chosen to ensure it is for the right type of rental property.
A template—like the free lease agreement template available above—can help to guide a landlord and tenant in drafting a comprehensive contract, but the terms of their agreement will still need to be negotiated. The agreement becomes legally binding on the landlord and tenant only after it is signed by both parties if a written lease is used.
What Is a Colorado Lease Agreement?
When a landlord agrees to rent property to a tenant, the two parties create a lease agreement. The kind of agreement they should create depends on what kind of property the landlord is making available. For example, a business lease for a commercial property will contain different terms than a lease for an apartment people will be living in.
Some of the most common types of Colorado leases that you will encounter include:
- Residential leases
- Commercial leases
- Roommate contracts
- Subleases
Colorado leases can also be called different things, but they do the same thing. They spell out the details of what property will be rented, what compensation the landlord will receive and what the landlord’s and tenant’s rights and obligations are.
When Is a Colorado Lease Agreement Used?
Although Colorado does not require a written lease unless the rental term is for a year or longer, a written lease should be used in any situation where a renter is going to be given possession of property belonging to a landlord. This includes residential and commercial property rentals, as well as other situations such as when a vehicle or equipment is being rented.
Without a written lease agreement, there may not be clarity as to what is being rented or what a landlord and tenant’s obligations are. There is a greater potential for conflict. Resolving disputes is more difficult without a written document to provide proof of the agreement.
Who Needs to Create a Colorado Lease Agreement?
Landlords usually take responsibility for creating a Colorado lease agreement. This is true for residential, commercial and other types of lease arrangements. Landlords can negotiate the terms of the contract with the tenant. When all parties agree, they sign the document and the contract becomes legally enforceable.
If a landlord does not wish to, or is unable to, create a contract, it is in the best interests of the tenant to draft an agreement and ensure it is signed before agreeing to rent a landlord’s property. Without a written agreement, it is difficult for a tenant to enforce their rights.
Which Parties Are Involved in a Colorado Lease Agreement?
Landlords and tenants are the two main parties involved in a Colorado lease agreement. The landlord, also called a lessor, owns the property and allows a tenant to possess it for a period of time in accordance with the lease terms.
Landlords want to protect their interest in the property so they often will not rent to a tenant who isn’t qualified. Landlords consider credit, income, eviction history and other related factors when determining if they trust a tenant to comply with the lease. If a landlord is concerned about a particular tenant, the landlord may require a cosigner.
A cosigner guarantees the lease and can be held responsible if the tenant breaches the agreement. So, for example, if the tenant fails to pay rent, the landlord can hold the guarantor responsible.
What Should Be Included in a Colorado Lease Agreement?
In 2021, the Colorado Legislature passed several bills modifying landlord/tenant laws.
Under the revised rules, landlords are not allowed to increase a tenant’s rent more than once a year regardless of whether there is a written lease or the type of written lease. Landlords without a written rental agreement must also provide 60 days written notice to tenants before increasing rent and can’t terminate tenancies to avoid following this rule.
Colorado lease agreements must comply with these and other regulations, including rules related to when a landlord is permitted to charge late fees.
Leases should also include other important details including:
- A detailed description of the rented property
- Information about rent payments including amount and when payments are due
- Details on the rights of the tenant and the limits placed on them, such as prohibitions against subletting.
- Details on the rights of landlord and the limits placed on them, such as notice requirements for entering rented property
Frequently Asked Questions (FAQs)
Is there a standard Colorado lease agreement?
There is no standard lease agreement in Colorado. The Office of the State Architect has several lease agreements on its pages that you can review to understand the types of provisions included in leases in the state. However, the lease agreements on that page are only for use by state personnel conducting real estate transactions.
When does a Colorado lease agreement have to be in writing?
A Colorado lease agreement must be in writing if the lease is going to last for a year or longer. Although oral leases can be enforced when a contract is not written, it is in the best interests of the landlord and the tenant to have a written document detailing their rights and their responsibilities. This helps to avoid disputes and provides a means for resolving them when conflict arises.
What are the requirements for a Colorado lease agreement?
Colorado lease agreements must be in writing when the tenancy is going to last for more than 12 months. Leases cannot contain illegal provisions, such as those waiving a tenant’s rights to a safe environment or a tenant’s right to proper notice before lease termination.
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