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