Understanding Leases

If you're renting a home in Colorado, it's important to understand your lease. A lease is a legal agreement between you and your landlord that sets out the rules for your rental. 

This guide explains:

• What your lease should and shouldn't say 
• What responsibilities you have
• How you can protect yourself 
• Common red flags 
• What to do if you need to change your lease

What is a lease?

A lease is a rental agreement between you (the tenant) and the property owner (the landlord). It lists the rules both of you agree to follow. Most leases are written and should include clear start and end dates. If there are no dates, the lease defaults to a “month-to-month” or periodic lease. Always try to get a written lease, and make sure you get a signed copy—either electronic or paper.

What must be in a lease?

Colorado law requires leases to include:

• Your landlord's name and address (or their representative or authorized agent).
• A promise that the rental meets health and safety standards (called the warranty of habitability). 
  • See our guide on Safe and Healthy Housing for more information.
• A statement that it’s illegal for your landlord to discriminate based on the source of your income if your landlord owns 6 or more units.

What can’t be in a lease?

Your lease cannot legally:

• Call other charges (like utilities or fees) "rent."
• Charge a set fee for not renewing your lease without notice.

• Charge you fees for eviction notices or cases.
• Make you automatically pay your landlord’s attorney's fees or court costs, or make it so that only your landlord can get attorney's fees if they try to evict you.
• Give up your rights to mediation, jury trial, or class action lawsuits.
• Make you pay your landlord back for mandatory mediation.
• Give up the landlord’s promise to treat you fairly and live peacefully (this is also called the "Implied Covenant of Good Faith and Fair Dealing").
• Charge certain fees if the landlord uses another company to provide you services unless limits and terms are in the lease.
  • If your landlord uses another company (or “third party”) for a service they provide, they can only charge you if it's written in the lease and the fee is capped. The fee can either be 2% of what the landlord is billed, or $10 a month or less. 
  • For example, if your landlord has package lockers for deliveries owned by another company, they can only charge you for this service if it's written in your lease and the lease tells you the amount you will be charged. 
• Evict you just for not paying utility bills if you rent with a subsidy.

What are my lease responsibilities?

Leases include rules (or terms) about:

• Rent amount and due date.
• How much your security deposit is, when the landlord will pay it back, and reasons the landlord can keep it.
• Who pays utilities like electricity, heat, water, sewer, and trash.
• Repair responsibilities.
  • Usually a landlord can’t make a tenant pay for repairs. If your lease reduces the rent you pay for work you do on the home, it’s very important that both the exact amount of rent your landlord will reduce and for what work are written out. 
• Who is responsible for yard and walkway care.
• Rules for parking, pets, guests, and marijuana use.
• Quiet hours.
• Subletting rules.

Watch for any separate documents or addendums labeled "rules" or "regulations." These are usually part of your lease too.

Should I negotiate before I sign?

You can try to change any lease term before signing. Put any changes in writing and have both you and your landlord initial the edits. Some larger landlords may not allow changes, but it’s always worth asking.

Can I change the lease later?

After signing, any changes must be agreed to by both you and your landlord. Put changes in writing, either as an addendum or by editing the lease, and have both parties initial them.

Watch for lease red flags

Avoid or question leases that say:

• You accept the home "as is." This might mean that there is a problem on the property and your landlord doesn’t want to fix it during your lease.
• "Tenants acknowledge that the premises are in good order and repair at this time." This means the landlord might try to charge you for damage that was there when you moved in. Always make a list of problems and damage you see when you move in and keep proof. It’s a good idea for both you and the landlord to sign this list.
• "The Tenant agrees to keep improvements upon said premises in good repair at the expense of the Lessee (the renter)." This means you must keep the home in repair at your own cost instead of the landlord. This should be changed so the landlord is responsible, or that if you pay for repairs and upkeep it’ll be deducted from your rent. 
• "The Landlord is not responsible for injury to the Tenant or the Tenant's property." This means that if your property is damaged they don’t have to pay for it, but if they do cause damage they should have to pay for it. You should try to get this changed by agreeing with your landlord to add: “unless the damage was caused by the negligence of the landlord.” 
• "Tenant agrees to comply with all printed regulations now made or subsequently furnished." This means you’re agreeing to rules that are made in the future that you don’t even know about. You should try to get this changed to remove “subsequently furnished.”
• "Landlord reserves the right to enter the premises under reasonable conditions for the purposes of official business." Your lease should include the specific time your landlord needs to give notice before coming into your home. Better language could be to add: “with advance notice to, and consent by, the tenant, of at least (x number of days or hours), except in case of an emergency.”

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.