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Illegal Lease Clauses in Colorado

Lease agreements in Colorado can't waive a tenant's right to a habitable apartment or a formal eviction process.

Occasionally, leases contain provisions that go against Colorado law. These illegal clauses are considered void and can’t be enforced in court. Ideally, a tenant would be able to identify any illegal clauses before entering into the lease and ask the landlord to strike them out. But even if a tenant ends up signing such a rental agreement, those terms don't apply.

According to Colorado state law, all of the following clauses are illegal and unenforceable:

  • Waiving a tenant’s right to get their security deposit back
  • Waiving a landlord’s responsibility for acts of “gross negligence”
  • Requiring a tenant who has been called into military service before the end of a lease term to pay for the remainder of rent due for their entire lease term1
  • Requiring a tenant to waive the covenant of quiet enjoyment or warranty of habitability—in essence, giving up their right to a livable rental unit2
  • Allowing the landlord to forcibly remove a tenant and the tenant’s personal property without going through the eviction process as required by Colorado law3
  • Consenting to eviction for non-payment of rent, or for any other reason, without a three-day notice as required by Colorado law4

[1] 50 U.S.C. App. §534

[2] C.R.S. §38-12- 503

[3] C.R.S. §§13-40-101 through 123

[4] C.R.S. §§13-40-101 through 123

The information provided on this website does not, and is not intended to, constitute legal advice.