Breaking a Lease Early in Colorado: What Are My Options?

When you can leave early

1. 1

   Your landlord must keep your home fit to live in under the warranty of habitability (the landlord's promise to do so). If a problem is still not fixed, you can end your lease and owe no money or penalty. You must first send written notice. If a court later disagrees, you can still owe the rent. Get legal help first.

   Sources:

   1. Our editorial rules.
   2. § 38-12-503(1), Colorado Office of Legislative Legal Services. Law.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

   From Colorado Legal Services.
   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

How to leave

2. 2

   For an unfit home, send your landlord 10 to 60 days' written notice. It must name the problem still not fixed, say you plan to end the lease and move out, and give your leave date. The date must be at least 10 days after you give notice. If your landlord starts or finishes repairs before then, you may both agree in writing to cancel the notice and keep your lease.

   Source:

   1. § 38-12-507(1)(a)(I), Colorado Office of Legislative Legal Services. Law.
   Tip.

   Write down each problem, every time you contacted your landlord, and the day you moved out.

   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

After you move out

3. 3

   The law gives your landlord 30 days to return your full security deposit (the money you gave at the start). The days start when your lease ends or you hand back the home, whichever is later. Your lease can set a longer time, up to 60 days. If your landlord keeps any money, it must list the exact reasons in writing.

   Source:

   1. § 38-12-103(1)(a), Colorado Office of Legislative Legal Services. Law.
   Tip.

   Before you leave, clean the home and take photos of how you left it.

4. 4

   Your landlord can keep reasonable amounts of your deposit only for unpaid rent, utility (water, electric, gas) bills, other lease charges, and repairs. Repairs count only for damage beyond normal wear and tear (normal use over time) that was not there when you moved in.

   Source:

   1. § 38-12-103(1)(b), Colorado Office of Legislative Legal Services. Law.
5. 5

   If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back. Then the collector must stop trying to get that money until it answers you.

   Sources:

   1. Our editorial rules.
   2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
   3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
6. 6

   Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.

   Sources:

   1. Our editorial rules.
   2. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
   Tip.

   If you get court papers, do not ignore them. Go to court, or you can lose the case.

   From Consumer Financial Protection Bureau.

Special protections

7. 7

   You may have been the victim of a sex crime, stalking, or abuse by a partner or family member. If you fear for your safety, you can end your lease. Tell your landlord in writing that you are a victim and give evidence. If a court later disagrees, you can still owe the rent. Get legal help first.

   Sources:

   1. Our editorial rules.
   2. § 38-12-402(2)(a), Colorado Office of Legislative Legal Services. Law.
8. 8

   To end your lease as a victim, give at least one kind of evidence. One is a signed statement where you write down what happened. It must say you are a victim and the incident caused or added to your reason for leaving. Another is a valid protection order or restraining order (a court order that limits contact). You can choose a police report from the past 120 days that says you reported it.

   Source:

   1. § 38-12-402(2)(a.5)(I), Colorado Office of Legislative Legal Services. Law.
9. 9

   To show you are a victim, you can also give a letter from someone you asked for help. This can be a victim service provider, attorney, social worker, medical professional, faith leader or mental health provider. The letter must say the writer believes the incident happened and is the reason your lease is ending.

   Source:

   1. § 38-12-402(2)(a.5)(I), Colorado Office of Legislative Legal Services. Law.
10. 10

    If you end your lease as a victim, you may not have given evidence yet. The law gives you 7 days after your landlord asks in writing to give it. Your landlord cannot require other papers to show you are a victim.

    Source:

    1. § 38-12-402(2)(a.5)(II), Colorado Office of Legislative Legal Services. Law.
11. 11

    If you ended your lease early as a victim, your landlord may want a debt collector to take its rent claim. First it must follow the law's steps and tell you in writing. Then it must wait at least 90 days after that notice.

    Source:

    1. § 38-12-402(2)(d)(I), Colorado Office of Legislative Legal Services. Law.
12. 12

    If you end your lease early as a victim, your landlord can ask for at most 1 month's rent. It can ask only if it had costs from your leaving and shows proof within 30 days after the lease ends. If another tenant stays on the lease, your landlord cannot collect that rent from you. You must pay within 90 days after you move out. Your landlord need not return your deposit until you pay.

    Source:

    1. § 38-12-402(2)(b), Colorado Office of Legislative Legal Services. Law.
13. 13

    For example, say your rent is $1,000 a month and you end your lease early as a victim. If your landlord had costs and shows you proof in time, it can claim up to $1,000. If your landlord had no costs, it can claim nothing.

    Sources:

    1. Our editorial rules.
    2. § 38-12-402(2)(b), Colorado Office of Legislative Legal Services. Law.
    Tip.

    This is only an example to show how the rule works. If it goes to court, a court decides the real amount.