What must a Colorado landlord disclose to a tenant, and what must the lease say?
A written Colorado lease must name the landlord or agent, carry a source-of-income statement, and be copied to the tenant within seven days, and before any lease is signed the landlord must give a signed radon disclosure with the state health department's brochure.
Cited to C.R.S. § 38-12-801 (1), (2), (2.5), (3), (3.5), (4), (7), (8) and 30 more cited sources · Verified September 13, 2026
Bed-bug history is owed only on request, the total price of a unit must be advertised as one number, and a fifteen-item roster of lease clauses is void, including any one-way attorney-fee clause, which the statute converts into a prevailing-party clause. Colorado requires no move-in condition report, no flood disclosure and no general tenant-rights document, and most of its disclosure duties carry no penalty in the section that creates them: the lease copy, the identity statement and the source-of-income statement have no stated sanction, while a radon failure can void a lease of more than a year and a fee violation is a deceptive practice under the Consumer Protection Act.
Colorado lease disclosures at a glance
| Which law governs | Article 12 of Title 38 carries the residential rules: part 8 (sections 38-12-801 through 38-12-803) holds the lease-copy duty, the owner and agent statement, the source-of-income statement, the prohibited-clause roster, the payment-receipt rule and the radon disclosure; part 10 holds the bed-bug duties; part 5 (the warranty of habitability) is where mold, methamphetamine remediation and radon compliance become repair duties. The fee and utility-billing rules sit outside the landlord-tenant article, in section 6-1-737 of the Consumer Protection Act, which borrows the article's definitions of landlord, tenant and rental agreement. The statute of frauds is section 38-10-108; the electronic-transactions rules are article 71.3 of Title 24. Part 8 applies to every written residential rental agreement in the state and carries no exclusion list of its own; the eight exclusions in section 38-12-511 reach part 5 only. |
|---|---|
| Who is covered | Statewide, with carve-outs inside the topic rather than a coverage switch: the source-of-income lease statement does not bind a landlord with five or fewer single-family rental homes and no more than five total rental units; seven items of the prohibited-clause roster do not apply to a mobile home lot in a mobile home park, and five items do not apply to an owner-occupied duplex or triplex or to an accessory dwelling unit on the owner's lot; the radon duty reaches the seven dwelling types the section names (a single-family home, manufactured home, mobile home, condominium, apartment, townhome or duplex) and lease agreements entered into on or after August 7, 2023. |
| Written lease, copy and signature rules | No statute requires a residential lease to be in writing beyond the statute of frauds, so an oral tenancy is lawful. The landlord must give the tenant a copy of the signed lease within 7 calendar days. No statute requires a residential lease to be in writing; section 38-12-801 opens with the words if there is a written rental agreement, and an oral tenancy is lawful. A lease for more than one year must be written and signed to be enforceable. Where the agreement is written, the landlord must give the tenant a copy signed by both parties no later than the seventh day after the tenant signs, electronically unless the tenant asks for paper. No statute requires a lease or notice in a language other than English (the English-and-Spanish rule in section 38-12-212.9 reaches only the mobile home park parts of the article), and Colorado has no plain-language act or general type-size rule for leases; the only typography rules are duty-specific (the radon warning in bold-faced type; the total price more prominently than any other pricing information). Statute of frauds: A lease for a term longer than one year is void unless the contract, or a note or memorandum of it expressing the consideration, is in writing and signed by the party making the lease (section 38-10-108). Electronic leases and signatures: Colorado's electronic-transactions act (article 71.3 of Title 24) makes an electronic record satisfy a writing requirement and an electronic signature satisfy a signature requirement, so a lease and the disclosures on this page may be signed and delivered electronically. The act does not apply to a notice of default, acceleration, repossession, foreclosure or eviction, or of the right to cure, under a rental agreement for an individual's primary residence, and the habitability part's own definition of a writing (which includes electronic and digital records) expressly does not reach the written notice and demand requirements of the eviction statute. The lease copy, the payment receipt and an owner-change notice may each be electronic; for the first two the tenant may demand paper. |
| Owner and agent identity | Yes — a statute requires the landlord to disclose the owner's or managing agent's identity to the tenant, in the lease. A written rental agreement must include a statement telling the tenant the name and address of the landlord or the landlord's authorized agent (section 38-12-801, subsection 2). No telephone number is required, and there is no posting alternative at signing. If the identity of the landlord or agent changes, the new landlord or agent must, no later than one business day after the change, give each tenant written or electronic notice or post the new identity in a conspicuous place on the premises. The section states no penalty for omitting the statement: the void-and-unenforceable sanction in subsection 3 is tied to the prohibited-clause roster, and the attorney general's enforcement powers reach part 5 of the article, not part 8. Because the duty is a lease-content rule, an oral tenancy carries no identity-disclosure duty at all. Colorado has no statewide landlord or rental registration for ordinary residential rentals; mobile home parks register with the Division of Housing, and some cities license rentals (Denver, see the local-authority row). If the landlord fails to comply: the section states no consequence. |
| Required statements and lease text | No — no state document or statement of tenant rights must be handed over; what the state prescribes is text the lease itself must carry. Colorado prescribes general lease text and no general tenant-rights document: the lease must name the landlord or agent and must carry the source-of-income statement, and the statute fixes the substance of that statement rather than its words. No statute requires a state summary of rights, a code summary or an agency form to be handed over or attached. The radon package that must be signed before a lease is signed is a hazard-specific document and is described in the hazard table, where it carries the health department's brochure. Denver requires a city tenant-rights document under its own ordinance (see the local-authority row). Required items: Source-of-income statement — words or content the lease itself must carry. Every written rental agreement must include a statement that section 24-34-502, subsection 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 from any lawful profession or occupation and income or rental payments from any government or private assistance, grant or loan program. The statute prescribes the substance, not the exact words. A landlord with five or fewer single-family rental homes and no more than five total rental units is exempt. The section states no penalty for omitting the statement. In force since June 6, 2023. Given at signing and on renewal, inside the lease itself. The statute fixes the substance, not the words. Threshold: 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. (§ 38-12-801(2.5)(a)–(b)) Landlord or authorized agent name and address — words or content the lease itself must carry. Every written rental agreement must include a statement of the name and address of the person who is the landlord or the landlord's authorized agent (see the owner and agent row). No words are prescribed, no threshold applies, and the section states no penalty. Given at signing, inside the lease itself. The statute fixes the substance, not the words. (§ 38-12-801(2)) Listed, but not a general duty counted above: Utility allocation method where ratio utility billing is used — words or content the lease itself must carry. A landlord who allocates utility costs among tenants by a ratio utility billing system may do so only if, among other conditions, the landlord clearly and conspicuously discloses the method of allocation for the dwelling unit in the tenant's rental agreement or an addendum to it. The text is required only where the landlord elects that billing practice, so it is listed here and not counted; the fee and utility rules are described in the utility, fee and payment row. In force since March 26, 2026. Given at signing. The statute fixes the substance, not the words. Typography: Clearly and conspicuously, as defined in section 6-1-737, subsection 1, paragraph a. (§ 6-1-737(4.5)(a)(IV)) Lease contents the statutes or rules address, each in the circumstance it names: • The name and address of the landlord or the landlord's authorized agent (section 38-12-801, subsection 2). • A statement that section 24-34-502, subsection 1 prohibits source-of-income discrimination and requires a non-exempt landlord to accept any lawful and verifiable source of money (section 38-12-801, subsection 2.5; landlords with five or fewer single-family rental homes and no more than five total units are exempt). • Any late fee, which may be charged only if it is disclosed in the rental agreement (section 38-12-105, subsection 1, paragraph c; the amounts and limits are on the late-fee page). • Where utilities are allocated by a ratio utility billing system, the allocation method for the dwelling unit, in the agreement or an addendum (section 6-1-737, subsection 4.5). |
| Move-in condition report | No. No Colorado statute requires a move-in condition report, checklist or inventory. The security-deposit statute does the work at the other end: a landlord may not retain the deposit for any damage or defective condition that pre-existed the tenancy, and either party may request a walk-through inspection, in person or by an interactive telecommunication, before the lease ends or the premises are surrendered and after the tenant has had the chance to remove furniture. That walk-through is a move-out mechanism, not a move-in report. |
| Hazard disclosures | Two in-force state hazard disclosures: bed bugs (on request) and radon (before signing). Also on the books: methamphetamine — the state bars renting the affected property instead of requiring disclosure; no state duty exists for lead, mold, asbestos, or any other hazard. Every state duty and every stated absence, hazard by hazard: Lead (state add-on to the federal rule) — no state duty. Colorado adds nothing to the federal lead-paint disclosure rule for landlords: no state form, registration, certificate or renewal re-disclosure. The state lead program in Title 25 directs the health department to publish educational materials for owners and tenants of pre-1978 dwellings, and Regulation Number 19 (5 CCR 1001-23) places pamphlet and acknowledgment duties on renovation firms before a renovation, not on landlords at signing. Mold — no state duty. Mold is a repair subject in Colorado, not a disclosure. The habitability part defines mold and requires a landlord who is notified of mold associated with dampness to contain it, stop the water source and install high-efficiency air filtration within seventy-two hours, then remediate and test (section 38-12-505, subsection 12). Nothing must be disclosed at signing. Bed bugs — in force — a state duty, on request (a statute). On request from a prospective tenant, a landlord must disclose whether, to the landlord's knowledge, the unit offered for rent contained bed bugs within the previous eight months; on request from a tenant or prospective tenant, the landlord must disclose the last date, if any, on which the unit was inspected for and found free of bed bugs (section 38-12-1005). Neither disclosure is owed unprompted, no form or deadline is prescribed, and no unit threshold applies. Separately and unconditionally, a landlord may not offer for rent a unit the landlord knows or reasonably suspects to contain bed bugs. A landlord who complies with the bed-bug part is deemed to have met the habitability duties as to bed bugs. Knowledge standard: To the landlord's knowledge. In force since January 1, 2020. If the duty is not met: A landlord who fails to comply with the bed-bug part is liable to the tenant for the tenant's actual damages (section 38-12-1006, subsection 1); the remedies are in addition to any other remedy at law or in equity, and state and local housing and health code enforcement is preserved. Radon — in force — a state duty, before signing, in a signed acknowledgment (a statute). Before a lease is signed, the landlord must disclose and provide in writing, in a document the tenant signs to acknowledge receipt, three things: a warning statement in bold-faced, clearly legible type in substantially the form the statute sets out (that the health department strongly recommends a radon test before leasing and mitigation if levels are elevated; that radon is a Class A carcinogen and the leading cause of lung cancer in nonsmokers; that the landlord must provide any known radon test results); any knowledge the landlord has of the property's radon concentrations, including whether it has been tested, the most current records and reports, any concentrations detected or mitigation performed, and any mitigation system installed; and a copy of the most recent brochure the health department publishes on radon in real estate transactions. The tenant acknowledges receipt by signing the disclosure. The statute names no brochure title or edition, so the required document is whatever the department currently publishes; the department's landing page describes it as the required brochure for real estate transactions and rental agreements and offers a Spanish version. Knowledge standard: Any knowledge the landlord has of the property's radon concentrations, including whether a test has been conducted, the most current records and reports, any concentrations detected or mitigation performed, and any mitigation system installed. Threshold: Reaches a single-family home, manufactured home, mobile home, condominium, apartment, townhome or duplex; applies to lease agreements entered into on or after August 7, 2023. No unit floor and no owner-occupancy carve-out. Document: Radon and real estate transactions in Colorado (the health department's brochure for real estate transactions and rental agreements), issued by the Colorado Department of Public Health and Environment. Revision: No revision date is printed on the department's landing page, and the statute names no title, edition or publication cycle; the brochure is whatever the department currently publishes under its radon education program. The landing page, read September 13, 2026, lists the brochure in English and Spanish and is the page checked weekly. Agency page. If the duty is not met: A tenant may void the lease and vacate under section 38-12-507 if the landlord fails to give the written disclosures or fails to make a reasonable effort to mitigate within 180 days after a radon measurement professional finds four picocuries per liter or more; since January 1, 2026 that remedy does not reach a lease of one year or less in duration. Compliance with the radon section is also an element of the warranty of habitability (section 38-12-505, subsection 1, paragraph b, subparagraph XV). Methamphetamine — the state bars renting the affected property instead of requiring disclosure (a statute and an administrative rule). Colorado does not require a landlord to disclose a former methamphetamine laboratory to a tenant. The disclosure statute runs from a seller to a buyer (section 38-35.7-103). What the state requires of an owner instead is remediation to the state clean-up standards, or demolition, and a bar on letting any person have access to a contaminated structure until certificates of compliance issue. One tenant-facing notice exists in the rules rather than the statutes, and it fires on an event rather than at signing: where contamination above the standard is found in a multi-unit building and access to a shared attic, crawl space or common ventilation cannot be obtained for sampling, the owner of the contaminated unit must notify the owners and tenants of the adjoining units that methamphetamine contamination may be present (6 CCR 1014-3, sections 4.11.1, 4.11.2 and 4.12). If the property is rented in breach of the bar: The owner of contaminated property must meet the state clean-up standards or demolish it and may not let anyone into the structure until certificates of compliance issue (sections 25-18.5-103 and 25-18.5-104); remediation of a former methamphetamine laboratory is an element of the warranty of habitability (section 38-12-505, subsection 1, paragraph b, subparagraph XIV). Asbestos — no state duty. No Colorado statute or rule requires an asbestos disclosure to a tenant. The state's asbestos provisions in Title 25 and the Code of Colorado Regulations are abatement, air-quality permitting, certification and waste rules, none of which imposes a lease disclosure. Other hazard notices (pesticide, ordnance, pool, pest control, utility history) — no state duty. No Colorado statute or rule requires a pesticide-application notice, a military-ordnance or noise-zone notice, a pool-safety notice, a pest-control-contract disclosure or a utility-shutoff-history disclosure to tenants. The carbon-monoxide article of Title 38 is an installation duty (a habitability subject), not a notice. |
| Flood disclosure | No. Colorado has no flood disclosure to buyers or to tenants. The conveyance-disclosure article (Title 38, article 35.7) reaches only every contract for the purchase and sale of residential real property, and none of its twelve sections concerns flooding; the landlord-tenant article's only flood reference is inside the habitability part's definition of an environmental public health event, which is a repair trigger, not a disclosure; no rule in the Code of Colorado Regulations requires one. |
| Disclosures about the property's situation | No statutory disclosure of this kind |
| What need not be disclosed | Yes — of the facts the rule names, some need not be disclosed and no cause of action arises from not disclosing some, each as stated here. Facts or suspicions that could psychologically impact or stigmatize a property, including that an occupant has or was suspected to have HIV or AIDS or another disease medically unlikely to be transmitted through occupancy, and that the property was the site of a homicide, another felony or a suicide, are not material facts subject to a disclosure requirement in a real estate transaction, and no cause of action arises against a real estate broker or salesperson for failing to disclose them (section 38-35.5-101). The statute names neither landlords nor leases: the no-duty rule speaks of a real estate transaction without defining the term, and the immunity runs to brokers and salespersons only. |
| Utility, fee and payment disclosures | Three duties, all in the Consumer Protection Act or part 8 of the landlord-tenant article. Total price: since January 1, 2026, a person may not offer, display or advertise an amount a tenant may pay for a dwelling unless it clearly and conspicuously discloses the total price as a single number, without separating it into fees or charges, more prominently than any other pricing information; the total price is the maximum of everything the tenant must pay, excluding government charges, and a landlord need not fold in the actual cost a utility provider charges for service to the unit. The same section bars ten fee practices, among them any non-utility fee that rises more than two percent over a rental agreement of one year or less, any rent-processing fee where no cost-free payment method is reasonably accessible, fees for goods or services a landlord must provide anyway, and charges for common-area maintenance; a violation is a deceptive, unfair and unconscionable practice, and a violator who does not reimburse or stop within fourteen days of a written demand owes actual damages plus interest at eighteen percent a year compounded annually (section 6-1-737). Ratio utility billing: since March 26, 2026 a landlord may allocate utility costs among tenants by a ratio system only if the total billed does not exceed the provider's charge, no markup or administrative fee is added, common-area utilities are excluded, and the allocation method for the unit is clearly and conspicuously disclosed in the rental agreement or an addendum; premises built under permits applied for on or after July 1, 2027 must be directly metered or submetered (section 6-1-737, subsection 4.5). Receipts: a landlord must give a receipt at the time of any in-person cash or money-order payment, and for any other payment within seven days of the tenant's request unless an existing procedure already records the amount, recipient and date; receipts may be electronic unless the tenant asks for paper and may ride on a billing statement (section 38-12-802, which states no penalty). No statute requires a shared-meter or submetering disclosure, a rent-concession disclosure, a renter's-insurance disclosure, a smoking-policy disclosure or rent reporting. A late fee may be charged only if it is disclosed in the rental agreement and, since 2021, only after written notice within 180 days of the missed due date (late-fee page); rent-increase notice is on the rent-increase page; from January 1, 2027 every rental application must state what data the landlord will access, the evaluation factors and any third-party screening service used (application-fee page). |
| Lease clauses that are void or prohibited | Yes — the statute lists the lease provisions that are void or prohibited. The roster is distributed across three places: the main list in section 38-12-801, subsection 3, paragraph a (eight items, several with sub-items); the death-termination block in subsection 3.5, added in 2025; and the late-fee rule in section 38-12-105, subsection 2. The roster is framed as provisions a written rental agreement must not include and, apart from the fee-shifting item, reaches clauses that burden the tenant. Two carve-outs narrow it: seven items do not apply to a mobile home lot in a mobile home park, and five items do not apply to an owner-occupied duplex or triplex or to an accessory dwelling unit on the owner's lot. The eviction-penalty ban, the fee-shifting rule and the mediation-cost item are outside both carve-outs and reach every written residential lease in the state. Colorado has no general unconscionability provision in the article; the sanction for a prohibited clause is that the clause is void. Sanction as the statute states it: Any provision included in a written rental agreement in violation of the roster is void and unenforceable (section 38-12-801, subsection 3, paragraph b); the death-termination block and the late-fee rule carry their own void-and-unenforceable wording. No damages figure, no rent multiple, no cure window and no fee award beyond the prevailing-party conversion of a fee-shifting clause. The listed provisions: • A clause assigning a penalty to a party for an eviction notice or eviction action that results from a violation of the rental agreement. • A one-way fee-shifting clause awarding attorney fees and court costs to only one party; any fee-shifting clause must award attorney fees to the prevailing party after the court finds the party prevailed and the fee is reasonable. • A waiver of the right to a jury trial, except that the parties may agree to waive a jury in a hearing to determine possession of a dwelling unit. • A waiver of the ability to pursue, bring, join, litigate or support any joint, class or collective claim arising from the tenancy. • A waiver of the implied covenant of good faith and fair dealing. • A waiver of the implied covenant of quiet enjoyment, except that the agreement may say the landlord is not responsible for a violation committed by a third party acting beyond the landlord's reasonable control. • A waiver of the mandatory mediation required by section 13-40-110, subsection 1. • A provision affixing any fee, damages or penalty for a tenant's failure to give notice of nonrenewal before the end of the agreement, except the landlord's actual losses from that failure. • A provision characterizing any amount or fee other than the set monthly payment for occupancy as rent for which the remedies to collect rent, including eviction, are available. • A provision requiring the tenant to pay a markup or fee for a service the landlord is billed for by a third party, beyond either two percent of the billed amount or ten dollars a month, but not both. • A provision requiring the tenant to pay any fee, charge or amount that violates section 6-1-737. • A provision letting a provider under a local, state or federal voucher or subsidy program bring a possession action based solely on nonpayment of utilities. • A clause letting the landlord recoup the costs of mandatory mediation under section 13-40-110, subsection 1. • Where the agreement ends early because a tenant has died: a clause requiring liquidated damages, the acceleration of rent beyond the end of the month or ten business days after the unit is vacated (whichever is later), repayment of concessions or move-in discounts, or any other early-termination fee, damages or penalty (section 38-12-801, subsection 3.5). • Any lease provision that does not comply with the late-fee rules of section 38-12-105, subsection 1 (section 38-12-105, subsection 2). |
| Attorney-fee clauses | By statute a one-way landlord attorney-fee clause is read as reciprocal, so the tenant has the same right on prevailing. The conversion does not save a fee clause the same statute voids, as stated here. A one-way fee-shifting clause that awards attorney fees and court costs to only one party is a prohibited provision, and any fee-shifting clause in a rental agreement must award attorney fees to the prevailing party in a court dispute concerning the agreement, the premises or the unit, after the court finds that the party prevailed and that the fee is reasonable (section 38-12-801, subsection 3, paragraph a, subparagraph II). The conversion works only where the lease contains a fee-shifting clause; a lease silent on fees leaves each side to bear its own, so no statute awards fees to a prevailing party on its own force. The third-party-service markup item does not stop a prevailing party from recovering a court-awarded fee. |
| When, how, and what happens on a failure | Timing pegs: before signing (the radon package, with a signed acknowledgment; the total price, which must appear wherever an amount is offered, displayed or advertised); in the lease itself (the landlord or agent's name and address, the source-of-income statement, and the utility-allocation method where ratio billing is used); within seven days of the tenant's signature (the copy of the signed lease); within one business day (notice or posting of a change of landlord or agent); on request (the bed-bug history and last clean inspection; a receipt for a payment not made in person, within seven days); and at the moment of payment (a receipt for in-person cash or money order). Electronic delivery is expressly allowed for the lease copy, the receipt and the identity-change notice, with the tenant's right to demand paper for the first two. Only the radon disclosure requires an acknowledgment, and no duty recurs annually or at renewal beyond a new written agreement. Remedies are uneven: the lease copy, the identity statement, the identity-change notice, the source-of-income statement and the receipt each carry no penalty stated in the section; a bed-bug failure gives actual damages; a radon failure lets the tenant void the lease and vacate, but since January 1, 2026 not on a lease of one year or less, and is a habitability breach on any lease; a fee violation is a deceptive practice with a fourteen-day written-demand route to actual damages plus eighteen percent interest; a prohibited clause is void. The attorney general's pattern-or-practice powers and the receivership remedy reach the habitability part only, so parts 8 and 10 have no public enforcer. |
| Can cities add their own rules | The landlord-tenant article says nothing either way about local lease-disclosure or lease-content rules: parts 8 and 10 carry neither a preemption nor an authorization clause, and home rule is constitutional (article XX of the state constitution). Two express preemptions sit on other subjects: rent control is a matter of statewide concern and no county or municipality may enact an ordinance controlling rent on private residential property (section 38-12-301; rent-increase page), and any local ordinance in conflict with the habitability part is unenforceable (section 38-12-501, subsection 1; habitability page). Local governments may adopt carbon-monoxide-alarm requirements stricter than the state's (section 38-45-105), may seek a receiver for neglected multifamily property (section 38-12-513) and keep their housing and health code authority over bed bugs (section 38-12-1006, subsection 5). Denver requires a landlord to give a city Tenant Rights and Resources document when a required written lease is signed and again with every rent demand, under section 27-201 of the Denver Revised Municipal Code, alongside a residential rental license; the city's requirements are not carried on this page. |
| How state law refers to the federal rules | State law adds nothing to, and refers to nothing in, the federal rules, which are listed further down this page |
| Changes already signed into law | No signed act is waiting beyond any not-yet-in-force duty already stated on this page |
| Leading court decisions | In re Mercy Housing Management Group Inc. v. Bermudez, 2024 CO 68 (Colorado Supreme Court; residential setting; bears on void or prohibited lease clauses): In an original proceeding about the right to a jury trial in a forcible-entry-and-detainer possession action, the court read the prohibited-clause roster to bar a general jury-trial waiver in a residential lease while permitting the parties to agree to waive a jury in a hearing to determine possession of a dwelling unit, the exception the statute itself states. The decision characterizes the roster in the course of a different holding; it does not construe the roster's other items or the radon or bed-bug sections. |
Cite this page: "Landlord Atlas, Colorado Lease Disclosure Laws & Required Lease Terms (verified September 13, 2026), landlordatlas.com/laws/lease-disclosures/colorado/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.
Colorado hazard disclosures at a glance
Two rows below are in-force state duties to disclose, hand over, attach or post a hazard notice as part of renting; the federal lead-paint rule applies on top for housing built before 1978. Each row's full text, trigger, threshold and remedy are in the table above.
| Hazard | Status | When | Form | Prescribed document |
|---|---|---|---|---|
| Lead (state add-on to the federal rule) | None | — | — | — |
| Mold | None | — | — | — |
| Bed bugs | In force | On request | Not specified | — |
| Radon | In force | Before signing | Signed acknowledgment | Radon and real estate transactions in Colorado (the health department's brochure for real estate transactions and rental agreements) — Colorado Department of Public Health and Environment |
| Methamphetamine | Bar on renting, not a disclosure | — | — | — |
| Asbestos | None | — | — | — |
| Other hazard notices (pesticide, ordnance, pool, pest control, utility history) | None | — | — | — |
Federal rules that apply in every state
The federal layer for the lease-disclosures topic, carried once for the whole site. Every row names who it binds: most federal lease attachments bind only a landlord who takes a voucher or holds HUD-assisted or HUD-insured property, and the one rule that binds every landlord (the lead-paint disclosure rule) is a floor that state law may add to. No state record restates these rows; a state record says only where its own law references or extends them. Each row below says who it binds before it says what it requires. The full text of each row, with its citations, is on the 50-state page.
- Every landlord of housing built before 1978: Lead-based paint disclosure for leases of pre-1978 housing (in force).
- Owners of HUD-assisted, HUD-insured or HUD-acquired rental property in a floodplain: Flood acknowledgment in leases of HUD-assisted, HUD-acquired and HUD-insured property (in force).
- Landlords renting to a Housing Choice Voucher holder: Housing Choice Voucher written lease and tenancy addendum (in force).
- Covered housing providers under the Violence Against Women Act (federally assisted programs): Notice of occupancy rights under the Violence Against Women Act and the certification form (in force).
- Owners of project-based Section 8 housing: Thirty-day pre-eviction notification as a required lease provision (project-based Section 8) (in force).
- Owners of project-based Section 8 housing: Federal prohibited lease clauses and required addendum (project-based Section 8, part 883 projects) (in force).
- Anyone who signs or delivers a lease electronically: Electronic leases and signatures under the federal E-SIGN Act (in force).
- Everyone who offers a dwelling for rent: Fair housing poster (a posting duty, not a lease term) (in force).
- No one — no such federal duty exists: Radon, mold, asbestos and methamphetamine: no federal disclosure duty to residential tenants.
Notes and caveats
- No move-in condition report — No statute requires a move-in checklist or condition statement. The deposit statute bars withholding for damage that pre-existed the tenancy and gives either party a walk-through on request before the lease ends; see the security-deposits page.
- No flood disclosure — Neither the landlord-tenant article nor the sales-disclosure article contains a flood item, and no rule requires one; the sales article reaches only contracts for the purchase and sale of residential real property.
- No signing-time deposit notice — Colorado prescribes no receipt, bank-name statement or written deposit statement at signing. The two-months cap, its 2027 post-closing-occupancy exception and the return rules are on the security-deposits page.
- No language or format rules — The English-and-Spanish rule in section 38-12-212.9 reaches only the mobile home park parts of the article; there is no plain-language act and no general type-size rule for residential leases.
- No location disclosures — No sex-offender, death-in-unit, condominium-conversion, foreclosure, ordnance or noise-zone notice is required at signing. The demolition or conversion notice in the eviction part is a termination notice (lease-termination page), and sex-offender status appears only as a permitted screening criterion (application-fee page).
- Stigma statute names brokers, not landlords — The rule that a death, felony, suicide or an occupant's HIV or AIDS status is not a material fact requiring disclosure speaks of a real estate transaction and gives immunity to brokers and salespersons only; it does not name landlords or leases.
- Radon remedy narrowed on January 1, 2026 — The disclosure duty reaches every lease, but the tenant's right to void the lease and vacate for a missing disclosure or unmitigated radon no longer applies to a lease of one year or less; on any lease a radon failure remains a habitability breach.
- Radon brochure has no fixed edition — The statute requires the most recent brochure the health department publishes and names no title or edition; the department's radon-and-real-estate page is the place to find the current English and Spanish versions.
- Methamphetamine: a bar on occupancy, not a disclosure — A landlord need not disclose a former methamphetamine laboratory; the owner must remediate or demolish and may not let anyone in until certificates of compliance issue. The rules add one event-driven notice to tenants of adjoining units where sampling access is blocked.
- No public enforcer for parts 8 and 10 — The attorney general's pattern-or-practice powers and the receivership remedy reach the habitability part only; the lease-copy, identity, source-of-income, receipt and bed-bug duties are enforced, if at all, by the tenant.
- Fees and utility billing sit in the Consumer Protection Act — The total-price rule, the ten fee prohibitions and the ratio-utility-billing conditions are in section 6-1-737, not the landlord-tenant article; late fees are on the late-fee page and application-stage notices on the application-fee page.
- Denver has its own lease packet — Denver requires a city Tenant Rights and Resources document at lease signing and with every rent demand, and a residential rental license, under its own municipal code; those requirements are not carried on this page.
- Related pages — Deposits, deposit interest, late fees, application and screening fees, entry notice, rent-increase notice, habitability and repairs, lease termination and eviction each have their own Colorado page.
- Legislation — HB 26-1047, which would have added content and redaction rules for landlord notices and a fee-free payment option, was postponed indefinitely in February 2026 and died with the session. No signed act is waiting to change an answer on this page; the 2027 application-content rule and the eviction-filing redaction rule enacted by HB 26-1196 belong to the application-fee and eviction pages.
Common questions: Colorado lease disclosures
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- Does Colorado require a landlord to give the tenant a written statement of tenant rights?
- No — no state document or statement of tenant rights must be handed over; what the state prescribes is text the lease itself must carry. Colorado prescribes general lease text and no general tenant-rights document: the lease must name the landlord or agent and must carry the source-of-income statement, and the statute fixes the substance of that statement rather than its words.
- Does a Colorado landlord have to disclose the owner's name and address?
- Yes — a statute requires the landlord to disclose the owner's or managing agent's identity to the tenant, in the lease. A written rental agreement must include a statement telling the tenant the name and address of the landlord or the landlord's authorized agent (section 38-12-801, subsection 2).
- Is a move-in inspection checklist required in Colorado?
- No. No Colorado statute requires a move-in condition report, checklist or inventory. The security-deposit statute does the work at the other end: a landlord may not retain the deposit for any damage or defective condition that pre-existed the tenancy, and either party may request a walk-through inspection, in person or by an interactive telecommunication, before the lease ends or the premises are surrendered and after the tenant has had the chance to remove furniture.
- What hazards must a Colorado landlord disclose to a tenant?
- Two in-force state hazard disclosures: bed bugs (on request) and radon (before signing). Also on the books: methamphetamine — the state bars renting the affected property instead of requiring disclosure; no state duty exists for lead, mold, asbestos, or any other hazard.
- Does Colorado require flood disclosure to renters?
- No. Colorado has no flood disclosure to buyers or to tenants. The conveyance-disclosure article (Title 38, article 35.7) reaches only every contract for the purchase and sale of residential real property, and none of its twelve sections concerns flooding; the landlord-tenant article's only flood reference is inside the habitability part's definition of an environmental public health event, which is a repair trigger, not a disclosure; no rule in the Code of Colorado Regulations requires one.
- Does Colorado void or prohibit specific lease clauses?
- Yes — the statute lists the lease provisions that are void or prohibited. The roster is distributed across three places: the main list in section 38-12-801, subsection 3, paragraph a (eight items, several with sub-items); the death-termination block in subsection 3.5, added in 2025; and the late-fee rule in section 38-12-105, subsection 2.
Citations
- C.R.S. § 38-12-801 · (1), (2), (2.5), (3), (3.5), (4), (7), (8) (verified 2026) Official source
- C.R.S. § 38-12-802 (verified 2026) Official source
- C.R.S. § 38-12-803 · (1)–(4) (verified 2026) Official source
- C.R.S. § 38-12-1005 (verified 2026) Official source
- C.R.S. § 38-12-1006 · (1), (5) (verified 2026) Official source
- C.R.S. § 38-12-1007 (verified 2026) Official source
- C.R.S. § 38-12-103 · (1)(a), (1)(b)(IV), (1.5) (verified 2026) Official source
- C.R.S. § 38-12-105 · (1)(c), (1)(j), (2) (verified 2026) Official source
- C.R.S. § 38-12-212.9 · (1) (verified 2026) Official source
- C.R.S. § 38-12-301 · (1) (verified 2026) Official source
- C.R.S. § 38-12-501 · (1) (verified 2026) Official source
- C.R.S. § 38-12-502 · (4.5), (6), (11) (verified 2026) Official source
- C.R.S. § 38-12-505 · (1)(b)(XIV), (1)(b)(XV), (12) (verified 2026) Official source
- C.R.S. § 38-12-507 · (1)(a) (verified 2026) Official source
- C.R.S. § 38-12-511 · (1) (verified 2026) Official source
- C.R.S. §§ 38-12-512, 38-12-513 · § 38-12-512(1)(a); § 38-12-513(2)(b) (verified 2026) Official source
- C.R.S. § 38-10-108 (verified 2026) Official source
- C.R.S. § 38-35.5-101 · (1)–(2) (verified 2026) Official source
- C.R.S. §§ 38-35.7-101, 38-35.7-102, 38-35.7-103 · § 38-35.7-101(1); § 38-35.7-102(1); § 38-35.7-103(1), (3) (verified 2026) Official source
- C.R.S. § 38-45-105 (verified 2026) Official source
- C.R.S. § 6-1-737 · (1)(a), (1)(m), (2)(a), (2)(d), (4)(a)–(j), (4.5), (5)(a)–(c) (verified 2026) Official source
- C.R.S. §§ 24-71.3-103, 24-71.3-107 · § 24-71.3-103(3)(b)(I)–(II); § 24-71.3-107(3)–(4) (verified 2026) Official source
- C.R.S. §§ 25-18.5-103, 25-18.5-104 · § 25-18.5-103(1)(a); § 25-18.5-104(1) (verified 2026) Official source
- C.R.S. § 25-11-114 · (2)(a) (verified 2026) Official source
- C.R.S. § 25-5-1104 · (1)(b) (verified 2026) Official source
- SB 23-206, Laws 2023, ch. 356 (radon) · §§ 3, 7 (verified 2026) Official source
- HB 26-1013, Laws 2026, ch. 11 (ratio utility billing) · §§ 1–2 (verified 2026) Official source
- HB 26-1047 (bill page) (verified 2026) Official source
- 6 CCR 1014-3 (Cleanup of Methamphetamine-Affected Properties) · §§ 4.11.1, 4.11.2, 4.12 (verified 2026) Official source
- 5 CCR 1001-23 (Regulation Number 19, Control of Lead Hazards) · Part B (verified 2026) Official source
- CDPHE, Radon and real estate (landing page for the required brochure) (verified 2026) Official source
How this record was verified: Direct reading of the Colorado Revised Statutes, 2026 edition, in the Office of Legislative Legal Services' complete-title files: Title 38 article 12 read part by part (parts 1 through 15), including part 8 (sections 38-12-801 through 38-12-803: the lease copy, the owner and agent statement, the prohibited-clause roster, payment receipts and the radon disclosure), part 10 (bed bugs), part 5 (the warranty of habitability, for its cross-references to radon and methamphetamine remediation) and part 3 (the rent-control preemption); articles 35.5 and 35.7 of Title 38 read in full for the sales-side disclosure regime and the stigma statute; article 45 read for the carbon-monoxide article; section 38-10-108 for the statute of frauds; section 6-1-737 of the Consumer Protection Act read in full for the total-price, fee and ratio-utility-billing rules; article 71.3 of Title 24 for the electronic-transactions act and its rental-notice carve-out; Title 25 read for the whole hazard family (the word landlord does not appear in it); the Code of Colorado Regulations searched on the Secretary of State's own application with every rule-level hit enumerated, and four rules read in full (5 CCR 1001-23, Regulation Number 19 on lead hazards; 6 CCR 1014-3 on methamphetamine-affected properties; 4 CCR 725-1, the real estate broker rules; 8 CCR 1302-15, identified as the mobile home park program), the code being current through rules effective August 13, 2026. Currency established by a per-section credit-line ledger over every 2026 entry in Title 38 and by the gap-checked roll of all 437 chapters of the 2026 regular session's session laws, with dispositions read from the session-law rows and chapter PDFs; the enrolled acts of SB 23-206 (chapter 356, radon), HB 26-1013 (chapter 11, ratio utility billing, approved March 26, 2026 with a safety clause) and HB 26-1047 (postponed indefinitely) read on the General Assembly's own site; the health department's radon landing page read for the brochure the radon statute requires. In re Mercy Housing Management Group Inc. v. Bermudez, 2024 CO 68, read in full with its subsequent history checked. The 2026 regular session adjourned May 13, 2026 with no carryover. Verified September 13, 2026.
What was read to state each absence on this page:
- The landlord-tenant chapter: C.R.S. Title 38, 2026 edition (the Office of Legislative Legal Services' complete-title file, 67,939 extracted lines): article 12 read part by part, parts 1 through 15, with every section of parts 8 and 10 and the enforcement sections of part 5 (sections 38-12-509 through 38-12-513) read in full; articles 35.5 and 35.7 read in full; article 45 read; section 38-10-108 read. Title 6 section 6-1-737 read in full; Title 24 articles 34 and 71.3 read; Title 13 article 40 read for the notice sections. Terms run over Title 38: written rental agreement, must be in writing, move-in, check-in, walk-through, inventory, condition of the premises, statement of condition, checklist, summary of, bill of rights, statement of tenant, handbook, pamphlet, brochure, submeter, shared meter, concession, insurance, smok, rent report, sex offender, demolition, foreclos, psychologically impacted, stigmatiz, suicide, homicide, statewide concern, preempt, local government, municipal, flood, lead-based, lead paint, asbestos, mold, radon, methamphetamin, clandestine, bed bug. Enactment currency by a per-section credit-line ledger over every 2026 entry in Title 38 and the gap-checked roll of all 437 chapters of the 2026 regular session; the 2026 session adjourned May 13, 2026 with no carryover.
- The real-estate sales-disclosure chapter: Title 38 article 35.7 (Disclosures Required in Connection with Conveyances of Residential Real Property, sections 38-35.7-101 through 38-35.7-112) read in full: sections 38-35.7-101(1) and 38-35.7-102(1) reach every contract for the purchase and sale of residential real property; the twelve sections cover special districts, common interest communities, methamphetamine, water source, transportation projects, solar prewire, water-smart homes, oil and gas, EV charging, future property taxes, metropolitan districts and radon, with no flood item. Article 35.5 (psychologically impacted property) read in full.
- Public-health, environmental and professions titles: C.R.S. Title 25 (Public Health and Environment), 2026 edition, 94,078 extracted lines, read for the whole hazard family: the word landlord appears zero times, rental agreement zero times, bed bug zero times; all twelve occurrences of tenant enumerated (access clauses, the lead education line at section 25-5-1104(1)(b), building-energy definitions, a pool definition, an irrigation clause); mold nine hits, all plastics, food or hemp; asbestos 127 hits, all abatement, permitting, certification and waste; article 18.5 (methamphetamine) and article 11 part 1 (radon) read in full.
- Administrative code: Code of Colorado Regulations on the Secretary of State's own application, current with rules effective on or before August 13, 2026, searched by keyword with every rule-level hit enumerated: landlord 25 rules, radon 18, asbestos 21, lead-based paint 5, mold 11 (none about fungus in dwellings), bed bug 1 (pesticide applicator licensing), methamphetamine 1, rental agreement 10, sex offender 14 (none landlord-tenant), flood disclosure 0. The four rules that could bear on a residential landlord read in full: 5 CCR 1001-23 (Regulation Number 19, lead hazards; Part B binds renovation firms), 6 CCR 1014-3 (methamphetamine-affected properties; the adjacent-unit notice at sections 4.11.1 through 4.12 is the only tenant-facing disclosure in the code), 4 CCR 725-1 (real estate broker rules, current January 30, 2026; zero radon hits, so the commission rulemaking the sales radon section orders has not landed there), 8 CCR 1302-15 (mobile home park oversight, another topic).
- Local-government title: Article 12 of Title 38 read part by part for statewide concern, preempt, local government and municipal, with the rent-control preemption (section 38-12-301), the habitability conflict-preemption clause (section 38-12-501(1)), the carbon-monoxide savings clause (section 38-45-105) and the two 2025 provisions giving local governments standing or preserving their enforcement (sections 38-12-513(2)(b) and 38-12-1006(5)(b)) read in full; the constitutional home-rule article (article XX) noted. The county and municipal titles (Titles 30 and 31) were not opened for this topic.