Provisions a Landlord Should Exclude from Their Lease
Colorado has enacted many new laws that prohibit landlords from including certain provisions within a lease. The Ceglian Law, PC Colorado Landlord Lease Package has this covered.
Since 2020, Colorado has passed numerous laws that restrict or prohibit certain provisions in leases or require them to be worded in a particular way to be enforceable. It is imperative that Colorado landlords have leases that comply with these requirements and are tailored to offer the most protection available.
Attorneys’ Fee-Shifting Provisions
Colorado law prohibits provisions in leases that make tenants responsible for a landlord’s attorneys’ fees in the event of legal action. Only the prevailing party in any landlord-tenant dispute can be awarded their attorney fees, but to get attorneys’ fees awarded at all requires a compliant attorneys’ fee provision in the lease. It is important to structure attorneys’ fee provisions in a way so that the Landlord is broadly considered the prevailing party in most cases and entitled to attorney’s fees from a court.
Liquidated Damages Upon Eviction / Lease Break
It is against the law in Colorado to charge penalties to tenants for violations of a lease agreement. It is important to structure the lease so that lease charges and liquidated damages provisions/lease break fees are enforceable and not considered penalties. Ceglian Law, PC’s Landlord Lease Package is designed to maximize enforceability.
Restricted Waivers
Colorado law now places restrictions on specific waivers in lease agreements. Agreements can no longer include the following waivers:
- The right to a jury trial, except for evictions.
- The right to participate in class, joint, or collective claims related to the rental agreement
- The implied covenant of fair dealing or good faith
- The implied covenant of quiet enjoyment
Notice of Non-Renewal
Did you know that Colorado now requires Landlords to offer lease renewals to tenants in most situations? This law is complicated, but the Ceglian Law, PC Landlord Lease Package has it covered by explaining the law and providing procedures for the parties to follow it and stay legally compliant.
Evictions for Nonpayment of Utilities
In Colorado, it is unlawful for a lease to specify that utilities are “Additional Rent,” for the purposes of evicting the tenant for unpaid utilities. Also, with limited exceptions, Colorado Landlords who participate in federal, state, or local vouchers or subsidy programs are prohibited from initiating eviction actions based solely on a tenant’s nonpayment of utilities. Many form leases found online will not provide for or explain this. Ceglian Law, PC has these issues taken care of in the Colorado Landlord Lease Package. Stay current, protected, and in-the-know with the Ceglian Law lease package and avoid mistakes like this!