Are Oral Lease Agreements Legal & Binding in Colorado?
Moving into a new rental typically requires an agreement between you and the landlord. You must agree on the length of occupancy, price of rent, security deposits and the responsibilities you and the landlord will have. While your landlord may want to just discuss this in person and set up an oral agreement, you'll need a written version to stay protected under the Colorado landlord and tenant laws.
Legal Requirements
If the lease lasts for more than 30 days, you and the landlord must sign a written lease agreement. If you live in a rental on a month-to-month basis, you do not have to have any lease agreement. If you have a roommate, both you and your roommate must sign the lease, and you are both individually responsible for the rent and the terms of the lease.
Fees
Your lease agreement must state the amount of security deposit and rent. The landlord cannot raise the rent during an active lease, but he can charge an increase if you renew the lease for a second term. The landlord also can charge a late fee if you pay your rent late, as long as he follows the landlord and tenant laws. The landlord must include the amount of the late fee in the lease and cannot charge more than 10 percent of your rent.
Maintenance and Responsibilities
Generally, the landlord must make repairs to the property if it is a matter of health or safety, such as a broken toilet. The landlord does not have to make any other type of repair unless the lease agreement says otherwise. Colorado landlord and tenant law does not allow you to deduct repairs from your rent, so make sure your lease agreement clearly states who will make the repairs and what type of repairs the landlord will cover.
Lease Clauses
If you have a special provision, make sure the landlord includes a clause in the lease agreement that covers your situation. This will prevent problems between you and the landlord later on. For example, if you have a pet, ask the landlord to include a pet agreement in the lease. By including a pet agreement, the landlord cannot ask you to remove the pet or charge you a fee for having the animal during the lease.
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