Residential Sublease Agreement - Colorado

Residential Sublease Agreement — Colorado

Before you use this: Attach the master lease and obtain any required primary-landlord consent before possession. Colorado's just-cause rules may limit termination or eviction even after a stated sublease end date. Complete the radon disclosure and attach the current state radon brochure before signing. Complete the federal lead exhibit for a covered pre-1978 subtenancy.

This Sublease Agreement is made on [__/__/____] between [PRIMARY TENANT NAME] (“Sublessor”) and [SUBTENANT NAME] (“Subtenant”). The primary landlord is [LANDLORD NAME]. Sublessor’s name and mailing address (or authorized agent’s) are [NAME AND ADDRESS]. The parties agree as follows.

Premises, master lease, and authority

Address: [STREET, UNIT, CITY, COLORADO, ZIP].
Space sublet: ☐ Entire dwelling ☐ Only [ROOM OR AREA], with shared use of [COMMON AREAS].
Master lease dated: [__/__/____]. Master lease term: ☐ Fixed through [__/__/____] ☐ Month to month. A complete copy and amendments are attached as Exhibit A.
Sublease authorization: ☐ Written landlord consent is attached or signed below. ☐ The master lease permits this sublease without further consent; identify clause: [________]. Subtenant will not take possession until authorization is documented.

This sublease is subordinate to the master lease. Subtenant will follow its applicable, lawful provisions about use, occupants, guests, pets, noise, utilities, access, and care. The master lease remains between Sublessor and the primary landlord. This agreement does not release Sublessor from it or give Subtenant a longer right to occupy than Sublessor has. Sublessor will provide Subtenant the attached master lease before signing.

Source-of-income statement: C.R.S. § 24-34-502(1) prohibits discrimination based on source of income. A sublessor who is not exempt must accept any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person, including earnings from a lawful occupation and government or private assistance, grants, or loans. The written-statement exception in C.R.S. § 38-12-801(2.5)(b) applies to a landlord with five or fewer single-family rental homes and no more than five total units.

Term, rent, and utilities

Occupancy begins: [__/__/____]. Stated fixed-term end: [__/__/____], no later than any known fixed master-lease end. Any renewal requires a signed agreement and any required primary-landlord authorization. The stated date does not permit a termination, demand for possession, or eviction contrary to Colorado's just-cause law.
Rent: $[________] per month, due on day [1-28] to [PAYEE AND PAYMENT METHOD]. Each full monthly period begins on that due day and ends the day before the next due day. First full monthly payment, if one occurs: ☐ None ☐ The monthly rent above covers [START DATE] through [END DATE] and is due [__/__/____]. Initial partial-period rent, if any: $[________ / ZERO] for [START DATE / NONE] through [END DATE / NONE], due [__/__/____ / NONE] to [PAYEE / NONE]. Final partial-period rent, if occupancy lawfully ends mid-period: $[________ / ZERO] for [START DATE / NONE] through [END DATE / NONE], due [__/__/____ / NONE] to [PAYEE / NONE]. Each partial amount replaces monthly rent for its dates and is not charged twice; write "none" when a period does not apply. If the entire stay falls in one partial period, enter its payment only as the initial partial amount and mark the first full and final partial periods "none."
Sublessor will credit rent already paid for dates covered by a completed partial-period amount and refund any excess for those dates within 15 days after the sublease lawfully ends.

Utilities and services: [SPECIFY EACH PAYER, AMOUNT OR SPLIT, AND DUE DATE].

Security deposit and condition

Security deposit: $[________], received on [__/__/____], no more than two monthly rent payments. Sublessor will keep a signed move-in condition record as Exhibit B. A requested move-out walk-through will be arranged if reasonable and practicable under Colorado law.

Sublessor will return the deposit within 30 days after termination or surrender, whichever occurs last, with a written statement of exact reasons for any lawful deduction and any documentation required by current law. Sublessor may not charge for normal wear or preexisting damage. Deductions may cover unpaid rent, utilities, lawful charges listed here, and necessary repair for damage beyond normal wear that did not preexist this sublease, as allowed by law. Subtenant's forwarding mailing address and agreed secure electronic refund method, if any: [________________________________]. If a mailed refund is returned, Sublessor will hold it for at least one year after receiving it and disburse it within 15 calendar days after Subtenant's request under § 38-12-103(9).

Use, repairs, and lawful occupancy

Approved occupants: [NAMES]. Guests: [MASTER LEASE RULE OR AGREED LIMIT]. Pets: [MASTER LEASE RULE OR AGREED TERMS]. Subtenant will use the dwelling responsibly, avoid damage and disturbances, and promptly tell Sublessor of unsafe conditions or repair needs. Sublessor will pass those reports to the primary landlord and perform the duties Colorado law places on a sublessor. The warranty of habitability and other nonwaivable rights remain in force.

Additional refundable pet deposit, if agreed: $[AMOUNT / ZERO], no more than $300 and included within the total two-month security limit. Additional monthly pet rent, if agreed: $[AMOUNT / ZERO], no more than the greater of $35 or 1.5% of monthly rent under § 38-12-106.

Habitability rights and notice delivery

Retain the following bold notices in type of at least 12 points in the signed copy, as required by C.R.S. § 38-12-505(3)(c)-(d).

Every tenant is entitled to safe and healthy housing under Colorado's warranty of habitability. A landlord is prohibited by law from retaliating against a tenant in any manner for reporting unsafe conditions in the tenant's residential premises, requesting repairs, or seeking to enjoy the tenant's right to safe and healthy housing.

Written notice of an uninhabitable condition may be mailed or personally delivered to: [COMPLETE PHYSICAL ADDRESS]. Written notice may also be delivered to this email address or accessible online tenant portal or platform: [EMAIL ADDRESS OR ACCESSIBLE PORTAL/PLATFORM].

El aviso por escrito de una condición que haga inhabitable la vivienda puede enviarse por correo o entregarse personalmente en: [DIRECCIÓN FÍSICA COMPLETA]. El aviso por escrito también puede entregarse a esta dirección de correo electrónico o a este portal o plataforma en línea accesible para inquilinos: [CORREO ELECTRÓNICO O PORTAL/PLATAFORMA ACCESIBLE].

If Sublessor provides an online tenant portal or platform, Sublessor will conspicuously post the English and Spanish notice-delivery information there under § 38-12-505(3)(e).

Ending occupancy and notices

Subtenant may leave when the fixed term ends; Colorado law does not require Subtenant to give a § 13-40-107 notice for a fixed term ending on a date certain. An earlier departure or later periodic tenancy is governed by this agreement and applicable law. For a periodic tenancy of one month to less than six months, a tenant's written notice must be served at least 21 days before the period end; longer or shorter tenancies use the duration-based period in § 13-40-107. The notice must describe the property, specify the termination date, and be signed. Sublessor may terminate or seek possession only on a legally available ground and with the notice and process required for the particular facts, including C.R.S. § 38-12-1302 and C.R.S. § 38-12-1303 where applicable.

Notices to Sublessor: [NAME, MAILING ADDRESS, EMAIL IF AGREED].
Notices to Subtenant: [NAME, MAILING ADDRESS, EMAIL IF AGREED].
Primary landlord or manager contact: [NAME AND ADDRESS].

Colorado radon disclosure and acknowledgment

WARNING: The Colorado Department of Public Health and Environment strongly recommends that ALL tenants have an indoor radon test performed before leasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional. Residential real property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. A landlord is required to provide the tenant with any known information on radon test results of the residential real property.

Known test status: ☐ No known test ☐ Tested on [__/__/____]; most current records/reports attached as Exhibit C.
Known concentrations and mitigation/remediation: [DESCRIBE OR STATE NONE KNOWN].
Installed mitigation system and documentation: [DESCRIBE OR STATE NONE KNOWN]; records attached ☐ Yes ☐ No.
Most recent Colorado Department of Public Health and Environment radon brochure: attached as Exhibit D ☐ Yes.

Subtenant acknowledges receipt of this written radon disclosure, the listed records, and the brochure before signing the sublease.

Subtenant radon acknowledgment signature: ______________________________ Date: [__/__/____]

Signatures and primary-landlord consent

The parties have read this agreement and attached exhibits. Colorado law governs. Amendments must be signed by both parties, with primary-landlord consent when the master lease requires it. Sublessor will provide Subtenant a copy signed by both parties no later than seven days after Subtenant signs; an electronic copy is permitted unless Subtenant requests paper.

Sublessor signature: ______________________________ Date: [__/__/____]
Sublessor printed name: [________________________________]

Subtenant signature: ______________________________ Date: [__/__/____]
Subtenant printed name: [________________________________]

Primary landlord's consent, if required: I consent to the occupancy and term above. This consent alone does not release Sublessor from the master lease.

Landlord signature: ______________________________ Date: [__/__/____]
Landlord printed name and title: [________________________________]

Colorado law reference

C.R.S. §§ 38-12-102.5, 38-12-103, 38-12-502, 38-12-503, and 38-12-803 address security, sublessor status, habitability, and radon. C.R.S. § 38-12-1302 and C.R.S. § 38-12-1303 address just cause. Section 13-40-107 addresses termination notice by duration.

Exhibit E — Lead-based paint disclosure for a covered subtenancy

Complete and sign this exhibit for a covered Subtenant before the sublease becomes binding. Construction year: [____]. Subtenant: [NAME]. Sublessor: [NAME]. A rental of an individual room can qualify as a 0-bedroom dwelling under 40 C.F.R. § 745.103; the exception does not apply if a child under six resides or is expected to reside there. Confirm coverage for this particular subtenancy. Sublessor gives the covered Subtenant the federally approved lead-hazard information pamphlet and all available lead records or reports before signing.

Lead Warning Statement (40 C.F.R. § 745.113(b)(1)):

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Sublessor's disclosure: ☐ Sublessor knows of lead-based paint or lead-based paint hazards in the dwelling. Location, condition of painted surfaces, and basis for that knowledge: [________________________________]. ☐ Sublessor has no knowledge of lead-based paint or lead-based paint hazards in the dwelling.

Records and reports: ☐ Sublessor has provided this Subtenant copies of all available records and reports concerning lead-based paint or lead-based paint hazards, listed here: [________________________________]. ☐ Sublessor has no such records or reports.

Subtenant's acknowledgment: Subtenant acknowledges receipt of Sublessor's disclosure above, the records and reports identified above (if any), and the federally approved lead-hazard information pamphlet.

Agent's acknowledgment, if an agent participates: Agent has informed Sublessor of Sublessor's obligations under 42 U.S.C. § 4852d and is aware of Agent's duty to ensure compliance with the federal disclosure rule. ☐ No agent participates in this subtenancy.

The undersigned certify that their statements in this disclosure are accurate to the best of their knowledge.

Sublessor: [SIGNATURE] Date: [__/__/____]

Subtenant: [SIGNATURE] Date: [__/__/____]

Agent, if any: [SIGNATURE] Date: [__/__/____]