Leases and move-in
Renting out a home in Colorado · 1 study hours
Bottom line: Give the tenant a signed lease copy within seven days, leave out the clauses Colorado voids, hand over the radon disclosure before signing, and give receipts.
Bottom line first. A good lease is short, in plain words, and leaves out the clauses Colorado voids. At move-in you owe the tenant a signed copy within a week, a radon disclosure before they sign, and receipts when they pay. This lesson is general education, not legal advice.
What a written lease must include
A rental agreement is any agreement, written or oral, that sets the terms for using a home (38-12-902(3)). If it is written, Colorado adds rules:
- A signed copy to the tenant no later than the seventh day after the tenant signs. Electronic is fine unless the tenant asks for paper (38-12-801(1)).
- Your name and address, or those of your authorized agent. If the landlord or agent changes, the new one must tell each tenant in writing or electronically, or post the new name in a visible spot, no later than one business day after the change (38-12-801(2)).
- A source-of-income statement: a line saying state law bars source-of-income discrimination and requires a landlord who is not exempt to accept lawful, verifiable sources of money. A landlord with five or fewer single-family rental homes and no more than five total units does not need this line (38-12-801(2.5)).
Clauses that are not allowed
If a clause is on this list, it is void, meaning it has no legal force, even though the tenant signed it (38-12-801(3)). A lease may not include:
- A penalty because an eviction notice or case happened after a lease violation.
- A one-way attorney-fee clause. If a lease has a fee-shifting clause, the winner (the prevailing party) must get fees, not just the landlord.
- A waiver of the right to a jury trial (the parties may waive it in a hearing on who gets possession), of group or class claims, of the implied promise of good faith and fair dealing, of the implied promise of quiet enjoyment (with a narrow exception for third parties outside your control), or of required mediation.
- A fee or damages for failing to give notice of nonrenewal, other than your actual losses.
- A label of “rent” on anything but the set monthly payment for occupancy. Utilities and extra fees cannot be called rent so that eviction is available for them.
- A markup or fee on a service a third party bills you for, above 2 percent of the bill or $10 a month in total. You may use one or the other, not both.
- A term letting a subsidy-program provider start a possession case solely over unpaid utilities.
- A clause that recoups your costs of required mediation.
- A term that requires rent to accelerate (come due early) after a tenant's death beyond the end of the month, or more than 10 business days after the home is vacated following notice to you of the death, whichever is later (HB25-1108).
- A term that sets liquidated damages (a preset penalty) or other penalties for ending the lease early because the tenant died. These are not enforceable (HB25-1108).
Some of these limits do not apply to mobile homes in a mobile home park, or to a duplex, a triplex or an accessory dwelling unit when the owner lives in the property or on the same lot (38-12-801(4) and (8)). If your house is one of those, read the statute or ask a lawyer.
The death-related limits took effect September 1, 2025. Some statute websites still show older text, so check the bill summaries on leg.colorado.gov.
Receipts
If a tenant pays in person with cash or a money order, give a receipt on the spot showing the amount and the date. For any other payment, give a receipt within seven days after the tenant asks, showing the amount, the recipient and the date, unless your system already gives the tenant a record with those facts. A receipt can be electronic unless the tenant wants paper, and it can be part of a billing statement (38-12-802).
Radon disclosure
Radon is a natural gas that can seep into homes. Before the tenant signs, you must give a written disclosure that the tenant signs. It has to include the state's bold-type warning, whatever you know about radon testing, results and any mitigation system, and a copy of the state's current radon brochure (38-12-803(2)). A tenant may void the lease and leave if you skip the disclosure, or if you fail to make a reasonable effort to reduce radon within 180 days after being told a professional measured 4 picocuries per liter or more. On or after January 1, 2026, that tenant remedy does not apply to a lease of one year or less (38-12-803(3)). The rule covers houses, condos, townhomes, duplexes, mobile homes and apartments (38-12-803(4)).
Bed bugs
A tenant who knows or reasonably suspects bed bugs must promptly tell the landlord in writing or electronically. Within 96 hours after getting that notice, the landlord must obtain an inspection by a qualified inspector, after giving the tenant the entry notice described in the statute. If bed bugs are confirmed, the landlord must also have the neighboring units inspected as promptly as is reasonably practical (38-12-1002).
Condition at move-in
The statutes we read do not require a written move-in checklist. But a landlord must make sure the home is fit to live in before leasing it (38-12-505(3)), and you cannot take a deposit for normal wear and tear, which is the aging that comes from ordinary use without carelessness or abuse (38-12-102(4)). A dated checklist and photos signed by both sides is a habit worth having, because the burden of proof falls on the landlord in a deposit dispute (lesson 3). Cities such as Denver and Boulder may add lease or move-in rules, so check your city and a lawyer.
Example with real numbers
Marcus rents a house to Priya for $1,900 a month. Priya signs the lease on March 3.
- Her signed copy is due no later than the seventh day after she signs: March 3 plus 7 days = March 10.
- Before she signed, Marcus gave her the radon disclosure and brochure, and she signed the acknowledgment.
- The city bills Marcus $200 for water. His lease lets him pass it on with a markup. Two percent of $200 = $4. He may add that $4, or a flat fee up to $10 for the month, but not both.
- Priya pays the first month by money order, in person. Marcus hands her a receipt that day showing $1,900 and the date.
Law cited
- C.R.S. 38-12-801
- C.R.S. 38-12-802
- C.R.S. 38-12-803
- C.R.S. 38-12-1002
- C.R.S. 38-12-102
- C.R.S. 38-12-505
- HB25-1108
Key terms
- Rental agreement
- Any agreement, written or oral, that sets the terms for using and living in a home.
- Void
- Having no legal force, even if both sides signed it.
- Fee-shifting clause
- A lease term that makes the loser of a court dispute pay the winner's attorney fees.
- Prevailing party
- The side the court decides won the dispute.
- Quiet enjoyment
- A tenant's implied right to use the home in peace, without the landlord or others interfering.
- Class action
- A court case brought by one or a few people on behalf of a larger group.
- Radon
- A natural radioactive gas that can build up inside homes and raise the risk of lung cancer.
- Mitigation
- Work that reduces a hazard, such as a system that vents radon out of a home.
- Normal wear and tear
- Deterioration from ordinary use, without carelessness, accident or abuse.
- Authorized agent
- A person you give permission to act for you, such as a property manager.
- Accessory dwelling unit
- A separate small home on the same lot as a main house, with its own living, sleeping, cooking and bathroom space.
- Liquidated damages
- A penalty amount set in advance in a lease for ending it early.
Flashcards
When must the tenant get a signed copy of a written lease?
No later than the seventh day after the tenant signs.
What if the landlord or agent changes?
Notify each tenant, or post the new name, no later than one business day after the change.
Is a one-way attorney-fee clause allowed?
No. Any fee-shifting clause must award fees to the prevailing party.
Can a lease call a utility fee 'rent'?
No. Only the set monthly payment for occupancy may be called rent.
How much may a landlord mark up a third-party bill?
Up to 2 percent, or a fee up to $10 a month in total, but not both.
When must radon information be given?
In writing before the tenant signs the lease, with a signed acknowledgment.
What radon level starts the 180-day clock?
4 picocuries per liter or more, measured by a professional, after the landlord is notified.
When is a receipt required for an in-person cash payment?
At the time of payment, showing the amount and date.
How fast must a landlord inspect after a bed bug notice?
Within 96 hours, by a qualified inspector.
Does the law require a move-in checklist?
Not in the statutes we read, but one is good practice.
May a lease charge liquidated damages if the lease ends early because the tenant died?
No. Such terms cannot be enforced (HB25-1108, from September 1, 2025).
How far may rent accelerate after a tenant's death?
Not beyond the end of the month, or 10 business days after the home is vacated after notice of the death, whichever is later (HB25-1108).
Quiz: 10 questions
Tap an answer. It shows right or wrong and opens the reason. Your score is saved in this browser and counts in the study app.
Priya signs a written lease on May 6. By what date must she receive a signed copy?
- A May 7
- B May 13
- C May 20
- D June 6
Show answer and why
Answer: B. May 13
The copy is due no later than the seventh day after the tenant signs: May 6 plus 7 days = May 13. May 7 is only the next day, which the law does not require.
C.R.S. 38-12-801(1)
A tenant pays rent in person with a money order. When must the landlord provide a receipt?
- A Within 30 days
- B Only if the tenant asks in writing
- C At the end of the lease
- D At the time of payment
Show answer and why
Answer: D. At the time of payment
In-person cash or money order payments get a receipt contemporaneously, showing amount and date. The seven-day period applies to other kinds of payment on request.
C.R.S. 38-12-802
Which lease clause is void under Colorado law?
- A A clause awarding attorney fees only to the landlord
- B A clause naming the landlord's address
- C A clause setting the monthly rent amount
- D A fee-shifting clause awarding fees to whoever wins
Show answer and why
Answer: A. A clause awarding attorney fees only to the landlord
A one-way fee clause is on the prohibited list and is void. A clause that gives fees to the prevailing party is the allowed kind.
C.R.S. 38-12-801(3)
A city bills a landlord $200 for water. The lease uses a percentage markup. What is the most the landlord may add as a percentage markup?
- A $2
- B $20
- C $4
- D $10 plus 2 percent
Show answer and why
Answer: C. $4
Two percent of $200 is $4. The lease may instead use a fee up to $10 a month, but not both, so $10 plus 2 percent is wrong.
C.R.S. 38-12-801(3)(a)(VI)
When must a landlord give the radon disclosure?
- A Within 7 days after move-in
- B Only if a test found radon
- C Before the tenant signs the lease
- D At the end of the lease
Show answer and why
Answer: C. Before the tenant signs the lease
The disclosure is made in a document the tenant signs before signing the lease. It is required even if no test has been done, in which case the landlord says so.
C.R.S. 38-12-803(2)
Within how many hours of a bed bug notice must a landlord obtain an inspection by a qualified inspector?
- A 24 hours
- B 48 hours
- C 10 days
- D 96 hours
Show answer and why
Answer: D. 96 hours
The statute sets not more than ninety-six hours after receiving notice of bed bugs or possible bed bugs.
C.R.S. 38-12-1002(2)
A lease says that if the tenant dies, the estate owes a preset early-termination penalty. What does the 2025 act say?
- A It is allowed if the tenant initialed it
- B Terms authorizing liquidated damages or penalties for early termination due to a tenant's death cannot be enforced
- C It is allowed up to one month's rent
- D It is allowed if the estate is notified within 7 days
Show answer and why
Answer: B. Terms authorizing liquidated damages or penalties for early termination due to a tenant's death cannot be enforced
HB25-1108 prohibits enforcing terms that authorize liquidated damages or other penalties when the lease ends early because of a tenant's death.
HB25-1108
A lease charges a $40 'pet cleaning fee' and says it is 'rent' so eviction is available for nonpayment. What does the law say?
- A Only the set monthly payment for occupancy may be called rent
- B Any fee in the lease may be called rent
- C Fees may be called rent if under $50
- D Fees may be called rent if the tenant initials them
Show answer and why
Answer: A. Only the set monthly payment for occupancy may be called rent
A provision calling any amount except the set monthly payment 'rent' for the purpose of rent remedies is prohibited and void. Initials do not cure it.
C.R.S. 38-12-801(3)(a)(V)
After a landlord is told that a radon measurement came to 4 picocuries per liter or more, within how many days must the landlord make a reasonable effort to mitigate?
- A 30 days
- B 60 days
- C 180 days
- D 365 days
Show answer and why
Answer: C. 180 days
The tenant may void the lease and leave if there is no reasonable mitigation effort within one hundred eighty days. From January 1, 2026 this does not apply to leases of one year or less.
C.R.S. 38-12-803(3)
After a tenant dies and the landlord is told, how far may the lease accelerate rent?
- A Through the end of the whole lease term
- B For six more months
- C For 90 days
- D No further than the end of the month or 10 business days after the home is vacated, whichever is later
Show answer and why
Answer: D. No further than the end of the month or 10 business days after the home is vacated, whichever is later
HB25-1108 bars rent acceleration beyond the end of the month, or more than 10 business days after the unit is vacated after notice of the death, whichever is later.
HB25-1108