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2021 Colorado Code
Title 38 - Property - Real and Personal
Article 12 - Tenants and Landlords
Part 8 - Required Documentation
§ 38-12-801. Written Rental Agreement - Prohibited Clauses - Copy - Tenant

Universal Citation: CO Code § 38-12-801 (2021)
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  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:
    1. Provide each tenant of the landlord written or electronic notice of the change; or

    2. Post the identity of the new landlord or new authorized agent in a conspicuous location on the residential premises.

  3. A written rental agreement must not include:
    1. An unreasonable liquidated damages clause that assigns a cost to a party stemming from an eviction notice or an eviction action from a violation of the rental agreement; or

    2. 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.

    3. Any clause in violation of subsection (3)(a) or (3)(b) of this section is null and void and unenforceable.

History. Source: L. 2018: Entire part added, (SB 18-010), ch. 61, p. 608, § 2, effective August 8. L. 2019: Entire section amended, (HB 19-1170), ch. 229, p. 2314, § 9, effective August 2. L. 2021: (3) added, (SB 21-173), ch. 349, p. 2270, § 14, effective October 1.


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