Colorado Month-to-Month Lease Agreement
This documentation outlines the rental law requirements for month-to-month rental agreements in Colorado, including termination notices, rent increase regulations, required disclosures, and eviction processes.
Colorado Month-to-Month Lease Agreement
Month-to-Month Laws
Termination Notice
In Colorado, the required notice period to terminate a month-to-month tenancy varies based on the length of the tenant’s occupancy:
- 91 days for tenancies of one year or more
- 28 days for tenancies of six months to one year
- 21 days for tenancies of one to six months
- 3 days for tenancies of one week to one month (or tenancy at will)
- 1 day for tenancies of less than one week
Rent Increase Notice
Landlords in Colorado can only increase rent once in any twelve-month period, regardless of the rental agreement type or length of tenancy. Although there is no specific legislation detailing the notice period for rent increases, it is common practice for landlords to provide at least a month’s notice to tenants.
Required Disclosures
Landlords are required to provide the following disclosures to tenants:
- Lead-Based Paint Disclosure – Required if the property was built before 1978, informing tenants of the presence of lead paint.
- Carbon Monoxide and Smoke Detector Addendum – Details the presence and maintenance of these safety devices.
- Radon Disclosure – Informs tenants about radon levels in the property.
Colorado Month-to-Month Eviction
The lease termination notice period for eviction must adhere to the same timeframes outlined in the termination notice section, based on the tenant’s length of residency. Landlords must follow all applicable laws and procedures when notifying tenants, filing lawsuits, and executing evictions.
Statutes
- Colo. Rev. Stat. § 38-12-102.5 – Security deposits – maximum amount
- Colo. Rev. Stat. § 38-12-103 – Return of security deposit
- Colo. Rev. Stat. § 38-12-103(1) – Return of security deposit
- Colo. Rev. Stat. § 38-12-103(2) – Return of security deposit
- Colo. Rev. Stat. § 38 – 12
- Colo. Rev. Stat. § 38-12-104 – Return of security deposit – hazardous condition – gas appliance
- Colo. Rev. Stat. § 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
- Colo. Rev. Stat. § 38-12-106 – Security deposits – limitation on pet security deposit and rent – definition
- C.R.S. 38-12-507 – Breach of warranty of habitability – tenant’s remedies
- C.R.S. 38-12-507-2 – Breach of warranty of habitability – tenant’s remedies
- C.R.S. 38-20-116 – Abandoned property – notice of sale – definitions
- C.R.S. 13-40-107-4 – Notice to terminate tenancy
- C.R.S. 13-40-107-1a – Notice to terminate tenancy
- C.R.S. 13-40-107-1b – Notice to terminate tenancy
- C.R.S. 13-40-107-1c – Notice to terminate tenancy
- C.R.S. 13-40-107-1d – Notice to terminate tenancy
- C.R.S. 13-40-107-1e – Notice to terminate tenancy
- C.R.S. 13-40-107.5-c – Termination of tenancy for substantial violation – definition – legislative declaration
- C.R.S. 13-40-104 – Unlawful detention defined – definitions
- C.R.S. 13-40-104-1d – Unlawful detention defined – definitions
- C.R.S. 13-40-104-e.5 – Unlawful detention defined – definitions
- C.R.S. 38-12-510 – Unlawful removal or exclusion
- C.R.S. 38-12-505 – Uninhabitable residential premises – habitability procedures – rules – definition
- C.R.S. 38-12-402-1 – Protection for victims of unlawful sexual behavior, stalking, or domestic violence
- C.R.S. 38-12-402-2 – Protection for victims of unlawful sexual behavior, stalking, or domestic violence
- C.R.S. 38-12-509 – Prohibition on retaliation
- C.R.S. 13-6-403 – Jurisdiction of small claims court – limitations
- C.R.S. 13-6-403-2c – Jurisdiction of small claims court – limitations
- C.R.S. § 38-12-503 – Tenant’s Duties
- Colo. Rev. Stat. § 38-12-701 – Notice of rent increase
- Colo. Rev. Stat. § 38-12-903 – Rental application fee – limitations
- Colo. Rev. Stat. § 13-21-109 – Recovery of damages for checks, drafts, or orders not paid upon presentment
- Colo. Rev. Stat. § 13-40-123 – Damages
- Colo. Rev. Stat. § 38-12-1004 – Bed bugs – access to dwelling unit and personal belongings – notice – costs
- Colo. Rev. Stat. § 13-21-109 – Returned Check Fees
- Colo. Rev. Stat. § 38-12-801 – Written Rental Agreement
FAQs
In Colorado, the termination notice for a month-to-month lease varies based on the tenant’s length of occupancy. For tenancies of one year or more, at least 91 days’ notice is required; for six months to a year, at least 28 days; for one to six months, at least 21 days; for one week to one month, at least three days; and for less than a week, at least one day’s notice.
In Colorado, a landlord can only increase rent once every twelve months, regardless of the type of rental agreement or the length of tenancy. This rule applies to all residential tenancies, including month-to-month leases.
Landlords in Colorado must provide several disclosures for a month-to-month rental agreement, including a lead-based paint disclosure, a carbon monoxide and smoke detector addendum, and a radon disclosure. These disclosures ensure tenants are informed about potential hazards in the rental property.
The eviction process in Colorado for a tenant with a month-to-month lease involves providing the appropriate termination notice based on the tenant’s length of residency, which can range from one to 91 days. Landlords must follow all applicable laws and procedures when notifying tenants and filing for eviction.
A month-to-month rental agreement is a flexible, short-term contract between a landlord and a tenant that automatically renews on a monthly basis. This type of agreement allows both parties to have more flexibility compared to fixed-term leases.