Colorado Roommate Agreement

Types of Colorado Roommate Agreement

Co-Tenancy

In a co-tenancy arrangement, all roommates are signatories on the same lease and share equal responsibilities to the landlord. This means that if one co-tenant fails to comply with the lease terms, the other co-tenants are also held liable. Co-tenants do not have the authority to evict one another; any issues must be addressed with the landlord.

Subtenancy

Subtenancy occurs when the original tenant acts as the landlord to a subtenant, collecting rent and managing rental issues. In this scenario, the original tenant has the right to evict the subtenant for misconduct, and the landlord can also take action against the subtenant if necessary. It is important to note that subleasing typically requires the landlord’s permission.

At-Will Tenancy / Guest Tenancy

An at-will tenancy or guest tenancy is an informal arrangement that may exist with or without the landlord’s consent. Colorado law discourages such arrangements, as a roommate who resides in a property for more than a couple of weeks without being on the lease may be classified as a subtenant, thereby acquiring full tenant rights and responsibilities.

Quick Guide to Writing a Colorado Room Rental Agreement

1. Identify the Parties: Clearly state the names of all parties involved, the property address, and the landlord’s information, including contact details for all signatories.
2. Lease Term: Specify the duration of the existing lease and the length of the roommate agreement.
3. Security Deposit: Discuss how the security deposit will be divided among roommates and outline the rules for its return or any deductions.
4. Rent Amount: Clearly state the total rent and how it will be divided among the roommates.
5. Utility Payments: Outline how utility payments will be divided and designate who is responsible for making payments to the utility companies.
6. Violation Rules: Establish rules regarding violations of the lease or roommate agreement and procedures for handling early move-outs.
7. House Rules: List any house rules related to food sharing, cleaning responsibilities, guests, and other communal living aspects.
8. Bedroom Assignments: Assign bedrooms and clarify which areas will be shared and which will remain private.
9. Signatures: Ensure that all parties sign and date the agreement, and attach the landlord consent form.

Lease Violations in Roommate Situations

Roommates, as co-tenants, are “jointly and severally liable” for adhering to the terms of the original lease. This means that any co-tenant can be held accountable for violations. For example, if one roommate fails to pay their share of the rent, the landlord has the right to seek full payment from any of the co-tenants. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant remains liable for any violations committed by the roommate.

Resolving Roommate Disputes in Colorado

In the event of a dispute, the original lease takes precedence over the roommate agreement. Generally, house rules regarding food sharing, chores, and quiet hours are not enforceable in a court of law. Co-tenants experiencing disagreements unrelated to the lease may consider mediation or arbitration as a means of resolution.

Rental Application

A rental application may be utilized to verify a potential roommate’s credibility and income, providing an additional layer of assurance for all parties involved.

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
• 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