Colorado Residential Lease Agreement

_____ (b) Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate.  Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least 30 days prior to the desired date of termination of the tenancy.  Notices to terminate may be given on any calendar day, irrespective of Commencement Date.2.   RENT.  Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement.  However, the Damage Deposit shall not be considered Rent.  Tenant shall pay to Landlord _____________________________________________________ DOLLARS ($______________) per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month.  If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month.  In the event that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period.Acceptable forms of payment of Rent to Landlord shall be [check all that apply]: _____ personal check, _____ money order, _____ cashier’s check, or _____ other ________________________________________.  Payment shall be made to Landlord under the following name and address:  _____________________________________________________.

In the event that any payment by Tenant is returned for insufficient funds (“NSF”) or if Tenant stops payment, Landlord may require in writing that Tenant pay Rent in cash for three months, and that all future Rent payments shall be remitted by Tenant to Landlord by money order or cashier’s check.3.    SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of _____________________________________________________ DOLLARS ($________), receipt of which is hereby acknowledged by Landlord, as security ("Security Deposit") for the purposes described in this clause.(a)    Return of Security Deposit and Explanation of Retention. If actual cause exists for retaining any portion of the Security Deposit, Landlord shall provide Tenant with a written statement listing the exact reasons for the retention of any portion of the Security Deposit within sixty (60) days after the termination of this Agreement or surrender and acceptance of the Premises, whichever occurs last. The statement shall be accompanied by payment of the difference between any sum deposited and the amount retained. Landlord is deemed to have complied with requirement by mailing the statement and any payment required to the last known address of Tenant. The failure of Landlord to provide a written statement within the required time specified in this paragraph shall result in a forfeiture of all of Landlord's rights to withhold any portion of the Security Deposit. Any Security Deposit returned to Tenant will not include interest.(b)    Security Deposit Deductions. Landlord may deduct reasonable charges from the Security Deposit for the following items: (a) damages to the Property, excluding normal wear and tear; if deductions exceed the security deposit, Tenant shall pay to Landlord the excess within 10 days after Landlord makes written demand; (b) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (c) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property; (d) cleaning contracted for by Tenant; (e) costs of reletting, if Tenant is in default; (f) Landlord's cost to access the Property if made inaccessible by Tenant; (g) mailing costs associated with sending notices to Tenant for any violations of this lease; (h) missing or burned-out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property as of the commencement date of this Agreement); (i) abandonment of the Premises by Tenant; (j) packing, removing, and storing abandoned property; (k) removing abandoned or illegally parked vehicles; (l) replacing unreturned keys, garage door openers, security devices, or other components; (m) the removal of unauthorized locks or fixtures installed by Tenant; (n) unpaid charges or fees for which Tenant is responsible under this lease; (o) unpaid late charges; (p) unpaid or accelerated rent; (q) unpaid pet charges; (r) unpaid utilities; (s) other items Tenant is responsible to pay under this lease.4.    USE OF PREMISES.  The Premises shall be used and occupied by Tenant and Tenant’s immediate family, consisting of _____________________________________________________, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling.  Tenant shall not allow any other person, other than Tenant’s immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use.   Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.5.    CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.
 
6.    ASSIGNMENT AND SUBLEASING. Tenant shall not assign this Agreement, or sublease or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. An assignment, subleasing or license without the prior written consent of Landlord or an assignment or subleasing by operation of law shall be absolutely null and void and shall, at Landlord’s option, terminate this Agreement._____ Subleasing is permitted under this lease with the prior written consent of the Landlord. In the event of consent, a consent by Landlord to one such subleasing shall not be deemed to be a consent to any subsequent subleasing._____ Subleasing is not permitted under this lease.7.    ALTERATIONS AND IMPROVEMENTS; ELECTRIC VEHICLE CHARGING.  Except as authorized under C.R.S. 38-12-601 related to the installation of a level 1 or level 2 electric vehicle charging system at Tenant’s expense, Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord.  Any alterations, changes, or improvements built, constructed, or placed on the Premises by Tenant, unless otherwise provided by written agreement between Landlord and Tenant, shall be and become the exclusive property of Landlord and shall remain on the Premises at the expiration or earlier termination of this Agreement. Tenant must notify and coordinate with Landlord if Tenant desires to install an electric vehicle charging system to ensure safety, code compliance, and reasonable aesthetic provisions that govern the dimensions, placement, or external appearance of the electric vehicle charging system.8.    NON-DELIVERY OF POSSESSION.  In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given.  Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date.  In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.9.    HAZARDOUS MATERIALS.  Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.10.    UTILITIES.  Tenant shall be responsible for arranging for and paying for all utility services required on the Premises.11.    MAINTENANCE AND REPAIR; RULES.  Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall:

• Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
• Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
• Not obstruct or cover the windows or doors;
• Not leave windows or doors in an open position during any inclement weather;
• Not hang any laundry, clothing, sheets, etc.  from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;
• Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
• Keep all air conditioning filters clean and free from dirt;
• Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed.  Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein.  Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;
• And Tenant’s family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
• Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;
• Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;
• Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners’ Association having control over them.  

12.    INSURANCE.  Landlord, Landlord’s agent or manager, or, if applicable, the Condominium or Homeowners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

13.    DAMAGE TO PREMISES.  In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder.  The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date.  Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease.  In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.

14.    INSPECTION OF PREMISES.  Landlord and Landlord’s agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon.  And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building.  Landlord and its agents shall further have the right to exhibit the Premises and to display the usual “for sale”, “for rent” or “vacancy” signs on the Premises at any time within forty-five (45) days before the expiration of this Lease.   The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

15.    SUBORDINATION OF LEASE.  This Agreement and Tenant’s interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.

16.    TENANT’S HOLD OVER.  If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at _____________________________________________________ DOLLARS ($______________) per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party.

17.    SURRENDER OF PREMISES.  Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.  

18.    ANIMALS.  Tenant shall be entitled to keep no more than ____________ (_____) domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of _____________________________________________________ DOLLARS ($______________), _____________________________________________________ DOLLARS ($______________) of which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building.

19.    QUIET ENJOYMENT.  Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.
 
20.    INDEMNIFICATION.  LANDLORD SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY OF OR TO THE TENANT, TENANT'S FAMILY, GUESTS, INVITEES, AGENTS OR EMPLOYEES OR TO ANY OTHER PERSON ENTERING THE PREMISES OR ANY BUILDING THAT IS A PART OR LIES UPON THE PREMISES, OR TO GOODS OR EQUIPMENT, OR IN THE STRUCTURE OR EQUIPMENT OF THE STRUCTURE OF WHICH THE PREMISES ARE A PART, AND TENANT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD LANDLORD HARMLESS FROM ANY AND ALL CLAIMS OR ASSERTIONS OF EVERY KIND AND NATURE. THIS INDEMNIFICATION INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGE OR INJURY WHICH MAY BE INCURRED BY TENANT, TENANT'S FAMILY, GUESTS, INVITEES, AGENTS OR EMPLOYEES OR TO ANY OTHER PERSON FOR DAMAGE OR INJURIES THAT ARISE FROM ANY CONTACT, ATTACK OR INTERACTION FROM OR WITH ANY ANIMALS, DOMESTIC OR WILD, WHETHER SUCH DAMAGE OR INJURY OCCURS ON THE PREMISES OR OFF, AND TENANT HOLDS HARMLESS THE LANDLORD FROM ANY AND ALL CLAIMS OR ASSERTIONS OF EVERY KIND AND NATURE FOR ANY DAMAGE OR INJURY TENANT ATTRIBUTES TO ANY ABSENCE OR FAILURE OF FENCING THAT MAY BE ON OR SURROUNDING THE PREMISES.  

21.    DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, then the following checked option will apply based on the type of tenancy in effect under this Agreement. However, under all three options below, if Tenant fails to cure the non-compliance within the timeframe specified in the notice to quit, Landlord may, at Landlord's discretion, take any one or all of the following actions: (i) declare the entirety of rent due under the Term of this Agreement immediately payable, (ii) immediately terminate this Agreement; or (iii) exercise any and all rights and remedies available to Landlord under law or equity. [check either (a), (b), or (c)]:

_____ (a) Exempt Residential Agreement. This section applies because Tenant occupies the property under an Exempt Residential Agreement under C.R.S. 13-40-104(5)(b), defined as a residential agreement leasing a single-family home by a landlord who owns five or fewer single-family rental homes. Tenant shall have five (5) days to cure an alleged rent payment default or other breach of this Agreement after receiving written written notice to quit specifying the non-compliance and indicating the intention of Landlord to terminate this Agreement by reason thereof. Because this tenancy is an Exempt Residential Agreement, a ten (10) day notice period required pursuant to C.R.S. 13-40-104 does not apply. In the case of repeat violations, this Agreement may be terminated at any time on the basis of a subsequent violation of the same condition or covenant of this Agreement; the termination of the tenancy becomes effective after the service of written notice to quit, which is five (5) days for an Exempt Residential Agreement.

_____ (b) Employer-Provided Housing Agreement. This section applies because Tenant occupies a property under an Employer-Provided Housing Agreement under C.R.S. 13-40-104(5)(a), defined as a residential tenancy agreement between an employee and an employer when the employer or an affiliate of the employer acts as a landlord. Tenant shall have three (3) days to cure an alleged rent payment default or other breach of this Agreement after receiving written notice to quit specifying the non-compliance and indicating the intention of Landlord to terminate this Agreement by reason thereof. In the case of repeat violations, this Agreement may be terminated at any time on the basis of a subsequent violation of the same condition or covenant of this Agreement; the termination of the tenancy becomes effective after the service of written notice to quit, which is three (3) days for an Employer-Provided Housing Agreement.

_____ (c) Standard Residential Agreement. If neither (a) or (b) apply, then this section shall apply. Tenant shall have ten (10) days to cure an alleged rent payment default or other breach of this Agreement after receiving written notice to quit specifying the non-compliance and indicating the intention of Landlord to terminate this Agreement by reason thereof. In the case of repeated violations, this Agreement may be terminated at any time on the basis of a subsequent violation of the same condition or covenant of this Agreement; the termination of the tenancy becomes effective after the service of written notice to quit, which is ten days for a Standard Residential Agreement.

22.    LATE CHARGE.  If any rent payment required of Tenant under this Agreement is not made within seven (7) calendar days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due under this Agreement, a "late fee" of fifty dollars ($50) or five percent (5%) of the amount of the past due rent payment, whichever is greater. However, Landlord shall not impose any late fees where the rent is paid by a rent subsidy provider responsible for the Rent payment.

23.    ABANDONMENT.  If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord’s option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever.  Landlord may, at Landlord’s discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord’s option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting.  If Landlord’s right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.

24.    ATTORNEYS’ FEES.  In the event of a dispute or legal action arising from this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party.

25.    RECORDING OF AGREEMENT.  Tenant shall not record this Agreement on the Public Records of any public office.  In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord’s option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity.

26.    GOVERNING LAW.  This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Colorado.

27.    SEVERABILITY.  If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

28.    BINDING EFFECT.  The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.

29.    DESCRIPTIVE HEADINGS.  The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.

30.    CONSTRUCTION.  The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.

31.    NON-WAIVER.  No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant’s duties and liabilities hereunder.

32.    MODIFICATION.  The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto.

33.    NOTICE.  Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:

If to Landlord to:

________________________________________
[Landlord’s Name]

________________________________________
[Landlord’s Address, Line 1]
 
________________________________________
[Landlord’s Address, Line 2]

________________________________________
[Landlord’s E-Mail Address]


________________________________________
[Tenant's Name]

________________________________________
[Tenant's Address, Line 1]
 
________________________________________
[Tenant's Address, Line 2]

________________________________________
[Tenant's E-Mail Address]

A copy of the notice may also be sent by e-mail but is not required. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party.

34.    ADDITIONAL PROVISIONS; DISCLOSURES.
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
[Landlord should note above any disclosures about the premises that may be required under Federal or Colorado law, such as known lead-based paint hazards in the Premises. The Landlord should also disclose any flood hazards.]

As to Landlord:

LANDLORD:


Sign: ___________________________________ Print: _________________________________
 

As to Tenant:

TENANT ("Tenant"):


Sign: ___________________________________ Print: __________________________________

TENANT:


Sign: ___________________________________ Print: __________________________________

TENANT:


Sign: ___________________________________ Print: __________________________________

TENANT:


Sign: ___________________________________ Print: __________________________________