A Denver landlord handed a tenant a lease with an automatic cleaning fee clause, charged it at move-out, and ended up in court. The judge didn't care that the tenant signed it. The clause was void under a 2026 law. The landlord refunded the deduction and paid the tenant's attorney fees.
A signed lease doesn't protect you if the provisions are unenforceable. Colorado's 2026 rental laws, specifically HB25-1090 and HB25-1249, voided several common lease clauses and added new required disclosures. If your lease was written before January 2026 and hasn't been updated, it has gaps.
Here's what your Colorado rental lease needs to include in 2026, what has to come out, and why the template you've been using may be setting you up for a dispute you didn't see coming.
Why Your Old Colorado Lease Template May Be a Liability
Lease templates that circulate online get updated sporadically, if ever. Colorado's landlord-tenant law has changed more in the past two years than in the prior decade. A lease that was compliant in 2022 may have three or four void provisions today.
The practical problem with a void provision isn't just that you can't enforce it. It's that using a void provision as the basis for an action (a deposit deduction, a fee charge) creates additional legal exposure. You're not just failing to collect. You're providing evidence that you're operating outside the current legal framework.
The three areas where older leases are most likely to create problems:
- Automatic cleaning fee clauses (voided by HB25-1249)
- Fee structures that don't comply with HB25-1090 (property tax pass-throughs, non-compliant late fees on non-rent charges, payment processing fees without a free alternative)
- Missing disclosures (PTSR screening criteria, source-of-income, total price)
Before your next new lease or renewal, review what you have against this checklist.
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If you'd rather not run this analysis yourself, contact Sheepdog Property Management. Our lease is maintained by a partnership with Denver's largest landlord attorney and updated as the law changes.
Required Elements: What Every Colorado Lease Must Have
1. Total Price Disclosure (HB25-1090)
Effective January 1, 2026, your lease must disclose the total monthly price to rent the unit. You cannot present a base rent figure and then add separate line items for fees in a way that obscures the all-in monthly cost.
The total price disclosure requirement means your lease needs to state the all-in monthly cost upfront. If you're charging a "property management fee" as a separate line item, that structure is now a disclosure violation under HB25-1090.
Utilities can be separate (they're explicitly excluded from the total price definition). Everything else needs to be either rolled into the stated monthly price or disclosed as part of it.
This also applies to how you advertise. The total price in the lease should match what was advertised.
2. Landlord Identification and Contact Information
Colorado law (CRS 38-12-801) requires landlords to identify themselves in the lease with full legal name, address, and contact information. If this information changes during the tenancy, you're required to notify the tenant.
For landlords who own properties in an LLC or other entity, the entity information should be included along with the name of the authorized agent.
3. Tenant Screening Criteria Disclosure (PTSR)
Colorado's Portable Tenant Screening Report statute requires landlords to disclose their screening criteria in writing before accepting an application fee. The criteria must be specific: minimum credit score, income requirements, rental history standards, criminal background policy, and any other material factors.
The lease itself should reference or attach these criteria. More importantly, the process leading up to the lease should document that criteria were disclosed before any fee was collected. If the process is clean, disputes about discriminatory screening are much harder to sustain.
4. Source of Income Non-Discrimination Notice
If you own more than five rental units in Colorado, including single-family homes, you're required to include a disclosure in the lease explaining that Colorado law prohibits discrimination based on a tenant's lawful source of income.
For landlords who own more than five rental units in Colorado, the source-of-income disclosure isn't optional. Missing it doesn't just create legal exposure. It signals to a tenant's attorney that you're not operating professionally.
Even if you're below the five-unit threshold, applying consistent screening criteria to all income sources is the standard that protects you in a discrimination claim.
5. Security Deposit Terms Under HB25-1249
Your lease needs to specify:
- The amount of the security deposit
- The return timeline (state law allows 30 days; your lease can specify up to 60 days)
- That deductions require an itemized written statement
- That the tenant may request supporting documentation for any deduction
If your lease previously contained language allowing you to retain a deposit for general cleaning or carpet replacement without documentation requirements, that language needs to be updated. Anything in conflict with HB25-1249 is void regardless of what the tenant signed.
6. Properly Structured Late Fee Clause
Under HB25-1090, late fees can only apply to unpaid rent, not to other charges in the lease. A late fee on a utility payment or a fee that's late is not enforceable.
Your late fee clause should:
- State a specific dollar amount or percentage of monthly rent
- Apply only to unpaid rent
- Be reasonable (Colorado courts look at whether the fee is a genuine pre-estimate of damages, not a penalty)
- Not charge late fees on other types of charges listed in the lease
If your current lease has a late fee that applies broadly to "any unpaid amounts," that structure is now problematic.
7. Habitability Compliance Acknowledgment
Colorado's Warranty of Habitability law (SB24-094) created significant new obligations and tenant remedies. Your lease should acknowledge the landlord's obligation to maintain the property in habitable condition and define the process for maintenance requests.
This isn't just protective language. It establishes the communication channel for maintenance issues and reduces the chance that a tenant's repair request goes unacknowledged and becomes a habitability complaint to the city.
8. Entry Notice Policy
Colorado law doesn't specify a mandatory notice period before landlord entry (unlike many states), but courts have found that entering without reasonable notice can constitute harassment. Your lease should define:
- The notice period you provide before entry (24 hours is the standard; 48 is better practice)
- The circumstances that allow emergency entry without advance notice
- The process for scheduling routine inspections
9. Self-Help Eviction Prohibition Acknowledgment
Include a clause acknowledging that self-help evictions are prohibited under Colorado law, that all lease enforcement actions will follow the formal court process, and that the landlord will not take actions such as changing locks, removing belongings, or cutting utilities to remove a tenant.
This protects both parties. For the landlord, it documents that you know the rules and operate within them. For the tenant, it sets clear expectations.
10. Pre-Move-Out Inspection Rights
HB25-1249, effective January 1, 2026, gives tenants the right to request a pre-move-out inspection. The pre-move-out inspection right became law January 1, 2026. If a tenant requests it, you can't refuse. And if you do the inspection, you have to give them a written list of items they can fix before the final move-out. Your lease should acknowledge this right explicitly.
Acknowledging this right in the lease isn't just legally compliant. It's actually useful: tenants who fix items before the final move-out reduce deposit disputes for everyone.
11. Radon Disclosure
Colorado requires landlords to inform tenants of current information about radon testing and concentrations on the property (CRS 38-12-803). If you've tested for radon and have results, disclose them. If you haven't tested, you should. Colorado has elevated radon risk, and this is not an optional disclosure.
Include the disclosure in the lease and keep a copy of your radon test results.
12. Lead Paint Disclosure (Pre-1978 Properties)
Properties built before 1978 require a federally mandated lead paint disclosure (EPA "Protect Your Family From Lead in Your Home" pamphlet) and a lease addendum disclosing any known lead-based paint or hazards. This is a federal requirement, not just state, and the penalties for non-compliance are significant.
If you own a Denver bungalow from the 1940s or 1950s, this applies to you.
13. Pet Policy and Pet Fees (If Applicable)
If you allow pets, the lease should specify:
- Species, size, and breed restrictions (note: emotional support animals and service animals have separate legal protections and are not subject to pet restrictions)
- Pet deposit or pet fee structure
- Tenant responsibility for pet-related damage
Under HB25-1249, pet damage that goes beyond normal wear and tear is still chargeable, but you need to document it specifically. A clear pet policy in the lease sets expectations and establishes the tenant's responsibility.
14. Utility and Responsibility Allocation
The lease should clearly specify which utilities the tenant is responsible for and which remain with the landlord. Ambiguity here creates disputes and, in the worst case, habitability issues if essential services go unpaid.
If you're billing for any utilities, the billing structure must comply with HB25-1090's limits: no mark-up above 2% or $10/month, whichever is less.
15. Maintenance Request Process
Define how the tenant submits maintenance requests, what the expected response timeline is, and when the landlord has the right to enter for repairs. This is partly about service delivery and partly about creating a paper trail.
In Colorado, maintenance requests that go unacknowledged can be cited as evidence of habitability neglect under SB24-094. A defined process in the lease establishes the channel and documents that the process exists.
What Must Come Out of Your Colorado Lease
These clauses, common in older templates, are now problematic or fully void:
Automatic cleaning fee clauses: Any provision requiring the tenant to pay a set cleaning fee regardless of the unit's condition at move-out is void under HB25-1249. Remove it entirely.
Property tax pass-through fees: Any clause billing tenants a line-item share of property taxes violates HB25-1090. Roll property costs into rent or remove the clause.
Payment processing fees without a free option: If you charge a fee for online rent payment and don't offer a free payment alternative, the fee clause violates HB25-1090.
Late fees on non-rent charges: A late fee clause that applies to any unpaid amount under the lease (not just rent) is now non-compliant. Restrict it to rent specifically.
Overly broad deposit retention language: Any clause that allows deposit retention for general "cleaning" or "repairs" without the documentation requirements of HB25-1249 creates a void basis for deductions. Update to align with the current statute.
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Cleaning up a lease that was last updated in 2021 takes more than deleting a few lines. The structure of how fees, deposits, and disclosures are presented needs to align with the current framework. Contact Sheepdog if you want to understand what a 2026-compliant lease actually looks like.
Why a Professionally Maintained Lease Matters Now More Than Ever
The DIY lease problem has always existed. For most of Colorado's rental history, it was a moderate risk. An outdated clause here or there might cause a dispute but wasn't necessarily catastrophic.
That calculus has changed. The new laws have real enforcement teeth: triple damages for wrongful deposit withholding, 18% interest on HB25-1090 fee violations, attorney fee provisions. A void clause isn't just unenforceable. Using it as a basis for action creates liability.
At Sheepdog, our lease is maintained by a partnership with Denver's largest landlord attorney. It gets updated when the law changes, not when someone gets around to it. It reflects the current Colorado landlord-tenant framework, including HB25-1090, HB25-1249, the PTSR statute, SB24-094, and the source-of-income disclosure requirements.
One of the things we don't allow: owner-provided leases. This isn't about control. It's about consistency. A lease that creates liability for the owner creates liability for the management relationship. Professional PM requires a standardized, current legal document, not whatever a landlord found on Google in 2019.
If you're managing your own property, the minimum is to have an attorney review your lease every time there's significant legislation. Colorado has had significant legislation every year since 2023. That's not a small maintenance burden.
Frequently Asked Questions
Does Colorado require a written lease agreement for rentals?
Colorado doesn't require a written lease for rentals under one year, but a written lease is strongly recommended as evidence of the agreed-upon terms. For leases of one year or longer, a written agreement is required. A verbal rental agreement creates enforcement problems and provides almost no protection in a dispute.
What disclosures are required in a Colorado rental lease in 2026?
Required disclosures include: landlord identity and contact information (CRS 38-12-801), radon information (CRS 38-12-803), lead paint disclosure for pre-1978 properties (federal requirement), source-of-income non-discrimination notice for landlords with more than five units, tenant screening criteria (PTSR statute), and total price disclosure (HB25-1090).
Is a Zillow or downloaded lease template legal in Colorado in 2026?
It depends on the template and when it was last updated. Generic templates often don't reflect Colorado-specific requirements and almost certainly don't reflect the 2026 legislative changes. Using a template that contains void provisions (like an automatic cleaning fee clause) doesn't protect you even if the tenant signs it. Colorado-specific, attorney-maintained lease agreements are the standard for any serious landlord or property manager.
What clauses in a Colorado lease are now void under 2026 law?
Clauses that are void or non-compliant under 2026 law include: automatic cleaning fee provisions (HB25-1249), property tax pass-through fee clauses (HB25-1090), payment processing fee clauses without a free payment alternative (HB25-1090), and late fee provisions that apply to non-rent charges (HB25-1090). Using any of these as the basis for a deposit deduction or charge creates additional legal exposure.
What is the PTSR requirement for Colorado landlords?
The Portable Tenant Screening Report statute requires landlords to disclose their rental screening criteria in writing before accepting an application fee. Criteria must include income thresholds, credit requirements, rental history standards, and any other material factors used to evaluate applicants. Landlords must accept a PTSR obtained within the past 30 days in lieu of ordering a new one (though they can choose to order their own as well). The PTSR statute is part of Colorado's anti-discrimination framework.
How must late fees be structured in a Colorado lease in 2026?
Under HB25-1090, late fees may only apply to unpaid rent, not to other charges. The fee should be a specific dollar amount or percentage of monthly rent. Late fees on non-rent charges (like utility fees or other lease charges) are not enforceable. Colorado courts also look at whether the fee is a reasonable estimate of actual damages, not a punitive amount disproportionate to the late payment.
What is the source-of-income disclosure requirement in Colorado?
Landlords who own more than five rental units in Colorado, including single-family homes, must include a disclosure in their lease explaining that Colorado law prohibits discrimination based on a tenant's lawful source of income. Lawful income sources include wages, housing vouchers (Section 8), Social Security, veterans' benefits, and other legal income. Failing to include this disclosure when required creates legal exposure and signals non-professional operation.
Can a Colorado lease require a tenant to pay for professional cleaning?
No. Automatic cleaning fee clauses, which require tenants to pay a set cleaning fee upon move-out regardless of the unit's condition, are void under HB25-1249 effective January 1, 2026. Cleaning deductions are only permitted if the unit is left substantially less clean than it was at move-in, with documentation to support the claim. A mandatory cleaning provision in a lease is unenforceable.
A Colorado lease that was compliant in 2022 is not automatically compliant today. The law moved fast, and the consequences of using outdated language are real. If you want a professionally managed property operating under a current, attorney-maintained lease, contact Sheepdog Property Management.
