What Must a Colorado Lease Agreement Include in 2026?

What clauses are legally required in every Colorado lease agreement?

Every Colorado lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. Colorado's recent statutes then add real constraints: a deposit cap and disclosure duties (HB25-1249), a late-fee cap that bars evicting over late fees (§ 38-12-105), a for-cause termination framework (HB24-1098), and a warranty of habitability with fixed repair deadlines (SB24-094). Many of these protections cannot be waived by lease.

Colorado security deposit rules — the two-month cap and 30-day return

Two separate statutes are at work here, and they are easy to confuse. The cap is C.R.S. § 38-12-102.5 and has been two months' rent since August 7, 2023. The big 2026 change, HB25-1249, rewrote the return rules in C.R.S. § 38-12-103 — it left the cap untouched:

A landlord may not deduct for normal wear and tear, bears the burden of proving a withholding was not wrongful, and the tenant must give at least 7 days' notice of intent to sue. For a multi-state comparison, see security deposit rules every landlord must know.

Late fees and rent-increase rules in Colorado

Late fees (C.R.S. § 38-12-105): a late fee may not exceed the greater of $50 or 5% of the past-due rent, and it cannot be charged until the rent is at least 7 days late. The fee must be disclosed in the written lease, a landlord may not evict or remove a tenant solely for unpaid late fees, and a late fee may not be treated as rent.

Rent increases (C.R.S. § 38-12-701): rent may not be raised more than once in any 12-month period of consecutive occupancy, and the landlord must give at least 60 days' written notice of an increase.

Notice periods, for-cause termination, and ending a Colorado tenancy

Colorado ties no-fault termination notice to how long the tenant has lived in the unit (C.R.S. § 13-40-107):

On top of that notice ladder, HB24-1098 (C.R.S. § 38-12-1301 et seq., effective April 2024) generally requires cause to terminate or refuse to renew a covered tenancy — either a tenant default or a statutory no-fault ground (owner move-in, demolition/major renovation, withdrawal from the market, etc.), and no-fault grounds require 90 days' notice. The for-cause law has exemptions (for example, certain initial leases of 12 months or less and some small owners), so confirm whether a given tenancy is covered. Nonpayment still runs through the § 13-40-107 demand process, and self-help eviction is unlawful.

Warranty of habitability and required disclosures

Warranty of habitability (C.R.S. § 38-12-503, rewritten by SB24-094, effective May 3, 2024): after written notice from the tenant, the landlord must begin remediation of an emergency condition (no heat, no running water, gas leak, sewage) within 24 hours, and of a non-emergency condition within about 7 days (14 for complex repairs needing a licensed contractor). Radon is now expressly covered, and a landlord who fails to repair may owe the tenant comparable temporary housing and can face lease termination, damages, and attorney's fees.

Disclosures: HB25-1249 requires a written itemized statement (with supporting documentation on request) whenever a landlord keeps any part of the deposit, and federal law requires a lead-based paint disclosure and EPA pamphlet for pre-1978 housing. Confirm the exact habitability-procedure language required in the lease under § 38-12-503 before finalizing.

What happens if a Colorado lease is missing required terms?

Colorado's remedies are strong:

• Deposit over the cap or wrongfully withheld: willful retention exposes the landlord to treble damages plus attorney's fees (§ 38-12-103).
• Excessive or early late fee: unenforceable, and a landlord cannot evict over unpaid late fees (§ 38-12-105).
• Habitability failures: can let the tenant terminate, recover damages and attorney's fees, and require temporary housing during repairs (§ 38-12-503).

For the habitability rules in depth, see our Colorado habitability guide, and compare with our Washington requirements guide.

Full Colorado disclosure checklist

For a dedicated, statute-by-statute rundown of every notice a Colorado landlord must give at signing, see our Colorado required lease disclosures checklist.

Official sources

Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.

• C.R.S. Title 38, Art. 12 (Security Deposits)
• Federal lead-based paint disclosure rule (Section 1018 of Title X; 42 U.S.C. § 4852d) — US EPA