C.R.S. Section 38-12-801
Written rental agreement

  • prohibited clauses
  • copy
  • tenant
  • applicability
  • definitions

(1)

If there is a written rental agreement, the landlord shall provide the tenant with a copy of the agreement that is signed by the landlord and the tenant, no later than the seventh day after the tenant has signed the agreement. A landlord may provide the tenant with an electronic copy of the agreement, unless the tenant requests a paper copy, in which case the landlord shall provide the tenant with a paper copy.

(2)

A written rental agreement must include a statement indicating to the tenant the name and address of the person who is the landlord or the landlord’s authorized agent. If the identity of a landlord or a landlord’s authorized agent changes, the new landlord or authorized agent, not later than one business day after such change, shall:

(a)

Provide each tenant of the landlord written or electronic notice of the change; or

(b)

Post the identity of the new landlord or new authorized agent in a conspicuous location on the residential premises.

(2.5)

Intentionally left blank —Ed.

(a)

A written rental agreement must include a statement that section 24-34-502 (1) prohibits source of income discrimination and requires a non-exempt landlord to accept any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person, including income derived from any lawful profession or occupation and income or rental payments derived from any government or private assistance, grant, or loan program.

(b)

This subsection (2.5) does not apply to a landlord with five or fewer single-family rental homes and no more than five total rental units including any single-family homes.

(3)

Intentionally left blank —Ed.

(a)

A written rental agreement must not include:

(I)

A clause that assigns a penalty to a party stemming from an eviction notice or an eviction action that results from a violation of the rental agreement;

(II)

A one-way, fee-shifting clause that awards attorney fees and court costs only to one party. Any fee-shifting clause contained in a rental agreement must award attorney fees to the prevailing party in a court dispute concerning the rental agreement, residential premises, or dwelling unit following a determination by the court that the party prevailed and that the fee is reasonable.

(III)

A waiver of:

(A)

The right to a jury trial; except that the parties may agree to a waiver of a jury trial in a hearing to determine possession of a dwelling unit;

(B)

The ability to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim or action arising from or relating to the term of the tenancy;

(C)

The implied covenant of good faith and fair dealing;

(D)

The implied covenant of quiet enjoyment; except that a written rental agreement may provide that the landlord is not responsible for any violation of the implied covenant of quiet enjoyment that is committed by a third party acting beyond the reasonable control of the landlord; or

(E)

Mandatory mediation required pursuant to section 13-40-110 (1);

(IV)

A provision that purports to affix any fee, damages, or penalty for a tenant’s failure to provide notice of nonrenewal of a rental agreement prior to the end of the rental agreement, except for actual losses incurred by the landlord as a result of the tenant’s failure to provide any such notice required pursuant to the rental agreement;

(V)

A provision that characterizes any amount or fee set forth in the rental agreement, with the sole exception of the set monthly payment for occupancy of the premises, as “rent” for which all remedies to collect rent, including eviction, are available. Such amounts and fees include any fees for utilities or services and any other charge that is not rent.

(VI)

A provision that requires a tenant to pay a markup or fee for a service for which the landlord is billed by a third party; except that a written rental agreement may include a provision that requires a tenant to pay either a markup or fee in an amount that does not exceed two percent of the amount that the landlord was billed or a markup or fee in an amount that does not exceed a total of ten dollars per month, but not both. This subsection (3)(a)(VI) does not preclude a prevailing party from recovering an amount equal to any reasonable attorney fees awarded by a court pursuant to subsection (3)(a)(II) of this section.

(VII)

A provision that purports to allow a provider operating under any local, state, or federal voucher or subsidy program to commence or pursue an action for possession based solely on the nonpayment of utilities; or

(VII)

A clause that allows a landlord to recoup any costs associated with mandatory mediation required pursuant to section 13-40-110 (1).

(b)

Any provision that is included in a written rental agreement in violation of this subsection (3) is void and unenforceable.

(4)

Notwithstanding any provision of this section to the contrary, subsections (3)(a)(III)(A), (3)(a)(III)(C), (3)(a)(III)(D), (3)(a)(IV), (3)(a)(V), (3)(a)(VI), and (3)(a)(VII) of this section do not apply to a rental agreement concerning the occupancy of a mobile home, as defined in section 38-12-201.5 (5), in a mobile home park, as defined in section 38-12-201.5 (6).

(5)

Nothing in this section limits or restricts any rights or remedies that are available elsewhere in law, including under the “Mobile Home Park Act”, part 2 of this article 12, or pursuant to any judicial interpretations of the “Mobile Home Park Act”.

(6)

Nothing in this section excludes utilities from being considered as rent for the purpose of calculating housing costs that are eligible for reimbursement or payment under any local, state, or federal voucher or subsidy program.

(7)

As used in this section, unless the context otherwise requires:

(a)

“Accessory dwelling unit” means an internal, attached, or detached residential dwelling unit that:

(I)

Provides complete independent living facilities for one or more persons;

(II)

Is located on the same lot as a proposed or existing primary residence; and

(III)

Includes provisions for living, sleeping, eating, cooking, and sanitation.

(b)

“Dwelling unit” has the meaning set forth in section 38-12-502 (3).

(c)

“Rent” means any money or other consideration to be paid to a landlord for the right to use, possess, and occupy a dwelling unit.

(d)

“Rental agreement” has the meaning set forth in section 38-12-902 (3).

(e)

“Residential premises” has the meaning set forth in section 38-12-1202 (5).

(8)

Notwithstanding any provision of this section to the contrary, subsections (3)(a)(III), (3)(a)(IV), (3)(a)(V), (3)(a)(VI), and (3)(a)(VII) of this section do not apply to a duplex or triplex or to an accessory dwelling unit of a residential premises if:

(a)

The owner of the duplex, triplex, or residential premises uses the residential premises or at least one of the units of the duplex or triplex, as applicable, as the owner’s primary residence; or

(b)

The owner’s primary residence is on the same lot as the duplex, triplex, or residential premises.

Source: Section 38-12-801 — Written rental agreement - prohibited clauses - copy - tenant - applicability - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38–12–101
Legislative declaration 38–12–102
Definitions 38–12–102.5
Security deposits - maximum amount 38–12–103
Return of security deposit 38–12–104
Return of security deposit - hazardous condition - gas appliance 38–12–105
Late fees charged to tenants and mobile home owners - maximum late fee amounts - prohibited acts - penalties - period to cure violations - remedies - unfair or deceptive trade practice 38–12–106
Security deposits - limitation on pet security deposit and rent - definition 38–12–200.1
Short title 38–12–200.2
Legislative declaration 38–12–201
Application of part 2 38–12–201.3
Legislative declaration - increased availability of mobile home parks 38–12–201.5
Definitions 38–12–202
Tenancy - notice to quit 38–12–202.5
Action for termination 38–12–203
Reasons for termination 38–12–203.5
Change in use of the park - remedies for home owners - definitions 38–12–204
Nonpayment of rent - notice required for rent increase - limitation on rent increases 38–12–204.3
Notice required for termination 38–12–205
Termination prohibited 38–12–206
Home owner meetings - assembly in common areas - meeting hosted by landlord 38–12–207
Security deposits - legal process 38–12–208
Remedies 38–12–209
Entry fees prohibited 38–12–210
Closed parks prohibited 38–12–211
Selling and transfer fees prohibited - “for sale” signs permitted 38–12–212
Certain types of landlord-seller agreements prohibited 38–12–212.3
Responsibilities of landlord - acts prohibited 38–12–212.4
Required disclosure and notice of water usage and billing - responsibility for leaks 38–12–212.5
Prohibition on retaliation and harassment - definition 38–12–212.7
Landlord utilities account 38–12–213
Rental agreement - disclosure of terms in writing - prohibited provisions 38–12–214
Rules and regulations - amendments - notice - complaints 38–12–215
New developments and parks - rental of sites to dealers authorized 38–12–216
Mediation, when permitted - court actions 38–12–217
Notice of change of use - notice of sale or closure of park - opportunity for home owners to purchase - procedures - exemptions - enforcement - private right of action - definition 38–12–218
Mobile home owners - right to form a cooperative 38–12–219
Home owners’ and landlords’ rights 38–12–220
Private civil right of action 38–12–221
Access by counties and municipalities 38–12–222
Residents’ right to privacy 38–12–223
Tenancy and park sale records 38–12–301
Control of rents by counties and municipalities prohibited - legislative declaration 38–12–302
Definitions 38–12–401
Definitions 38–12–402
Protection for victims of unlawful sexual behavior, stalking, or domestic violence 38–12–501
Legislative declaration - matter of statewide concern - purposes and policies 38–12–502
Definitions 38–12–503
Warranty of habitability - notice - landlord obligations 38–12–504
Tenant’s maintenance of premises 38–12–505
Uninhabitable residential premises - habitability procedures - rules 38–12–506
Exception for certain single-family residences 38–12–507
Breach of warranty of habitability - tenant’s remedies 38–12–508
Landlord’s defenses to a claim of breach of warranty - limitations on claiming a breach 38–12–509
Prohibition on retaliation 38–12–510
Unlawful removal or exclusion 38–12–511
Application 38–12–601
Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - definitions 38–12–701
Notice of rent increase 38–12–702
Limit on frequency of residential rent increases 38–12–801
Written rental agreement - prohibited clauses - copy - tenant - applicability - definitions 38–12–802
Tenant payment - receipts 38–12–803
Disclosure - elevated radon - definition 38–12–901
Short title 38–12–902
Definitions 38–12–903
Rental application fee - limitations 38–12–904
Consideration of rental applications - limitations - portable tenant screening report - notice to prospective tenants - denial notice 38–12–905
Violations - liability - notice required - exceptions - no exhaustion of remedies required 38–12–1001
Definitions 38–12–1002
Bed bugs - notification to landlord - landlord duties 38–12–1003
Bed bugs - inspections - treatments - costs 38–12–1004
Bed bugs - access to dwelling unit and personal belongings - notice - costs 38–12–1005
Bed bugs - renting of dwelling units with bed bugs prohibited 38–12–1006
Remedies - liability 38–12–1007
Relationship to warranty of habitability 38–12–1101
Short title 38–12–1102
Legislative declaration 38–12–1103
Definitions 38–12–1104
Dispute resolution program - creation - division of housing - duties - report - rules 38–12–1105
Dispute resolution program - complaint process 38–12–1106
Registration of mobile home parks - process - fees 38–12–1107
Registration information database 38–12–1108
Mobile home park complaint and water issue database 38–12–1109
Mobile home park act dispute resolution and enforcement program annual report 38–12–1110
Mobile home park act dispute resolution and enforcement program fund 38–12–1201
Short title 38–12–1202
Definitions 38–12–1203
Prohibition on activities related to a tenant’s immigration or citizenship status 38–12–1204
Authorized conduct 38–12–1205
Remedies
Green check means up to date. Up to date

Current through Fall 2024

§ 38-12-801’s source at colorado​.gov