A Colorado month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
For information about fixed-term leases in Colorado (i.e., a term of one year or more), click here .In Colorado, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context. Parties under a month-to-month lease enjoy full rights under Colorado landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease. The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Colorado allows termination of a month-to-month lease with at least 21 days of advance notice. [5] In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Colorado requires that notice for a rental increase be delivered in writing, at least 60 days in advance . [6]
Colorado tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Colorado typically take two to four weeks.
For more information on the eviction process in Colorado, click here .
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.
Before signing a lease agreement for residential real property, the landlord shall disclose and provide in writing to the tenant the following information in a document that the tenant signs to acknowledge receipt of the disclosure:
(I) A warning statement in bold-faced type that is clearly legible in substantially the same form as is specified as follows:
The Colorado Department of Public Health and Environment strongly recommends that ALL tenants have an indoor radon test performed before leasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.
Residential real property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. A landlord is required to provide the tenant with any known information on radon test results of the residential real property.
Before signing a lease agreement for residential real property, the landlord shall disclose and provide in writing to the tenant the following information in a document that the tenant signs to acknowledge receipt of the disclosure:
(II) Any knowledge the landlord has of the residential real property’s radon concentrations, including the following information:
(A) Whether a radon test or tests have been conducted on the residential real property; (B) The most current records and reports pertaining to radon concentrations within the residential real property; (C) A description of any radon concentrations detected or mitigation or remediation performed; and (D) Information regarding any radon mitigation system, including a system description and documentation, if a radon mitigation system has been installed in the residential real property; and (III) A copy of the most recent brochure published by the department of public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions.
(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.
(1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows:
… (c) A tenancy of one month or longer but less than six months, twenty-one days;
Notwithstanding any other law, in a residential tenancy in which there is no written agreement between the landlord and tenant, a landlord may increase the rent only upon at least sixty days’ written notice to the tenant.
How does a month-to-month lease work in Colorado? How does a month-to-month lease work in Colorado? A month-to-month lease in Colorado is one that lasts for only one month. At the end of that month, the landlord or the tenant may terminate the lease with proper notice. If the lease is not terminated, it will be renewed for another month. Read more » How many days’ notice is required to terminate a month-to-month lease in Colorado? How many days’ notice is required to terminate a month-to-month lease in Colorado? In Colorado, the amount of notice required to terminate a month-to-month lease depends on how long the tenant has resided in the rental unit, not the rental payment period. The required notice will be 21, 28, or 91 days. Read more » How do I terminate a month-to-month lease in Colorado? How do I terminate a month-to-month lease in Colorado? A landlord or tenant may terminate a month-to-month lease in Colorado by providing the required written notice depending on the length of the tenant’s residency: 21 days for one to six months’ residency, 28 days for six months to one year, or 91 days for more than one year. Read more »
