2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › TENANTS AND LANDLORDS (§§ 38-12-101 — 38-12-1409) › Article 12 - TENANTS AND LANDLORDS (§§ 38-12-101 — 38-12-1409) › Part 8 - REQUIRED DOCUMENTATION (§§ 38-12-801 — 38-12-803) › 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)
(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)
(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.
Amended by 2023 Ch. 372,§ 1, eff. 8/7/2023.
Amended by 2023 Ch. 414,§ 6, eff. 6/6/2023.
Amended by 2021 Ch. 349, § 14, eff. 10/1/2021.
Amended by 2019 Ch. 229, § 9, eff. 8/2/2019.
Added by 2018 Ch. 61, § 2, eff. 8/8/2018.
L. 2018: Entire part added, (SB 18-010), ch. 608, p. 608, § 2, effective August 8. L. 2019: Entire section amended, (HB 19-1170), ch. 2314, p. 2314, § 9, effective August 2. L. 2021: (3) added, (SB 21-173), ch. 2270, p. 2270, § 14, effective October 1.
Section 10 of chapter 229 (HB 19-1170), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after August 2, 2019.
2023 Ch. 372, was passed without a safety clause. See Colo. Const. art. V, § 1(3).