Breaking a Lease in Colorado: Tenant Rights and Landlord Options

By TenantLoop teamUpdated 2 min read

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General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.

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The short version

  • A tenant who enters active military service, or who gets permanent change of station or deployment orders, can end a residential lease early with written notice and a copy of the orders.
  • If an unlivable condition is not fixed within a reasonable time, the tenant may end the lease with 10 to 60 days of written notice, or with 10 days of notice if the condition returns within six months.
  • A month to month tenancy ends with at least 21 days of written notice, though a landlord also needs a cause allowed by the for cause eviction law.
  • A survivor of domestic violence, stalking, sexual assault or domestic abuse who provides the required documentation can end the lease early, and is not liable for damage caused by the abuser.
  • Colorado courts generally require a landlord to make reasonable efforts to re-rent a unit a tenant has left early.

Colorado lets survivors of domestic violence, stalking and related abuse end a lease early with documentation. Service members can use federal law, and courts expect landlords to try to re-rent a unit left early.

Colorado breaking a lease at a glance

RuleColoradoLaw
Military serviceA tenant who enters active military service, or who gets permanent change of station or deployment orders, can end a residential lease early with written notice and a copy of the orders.Servicemembers Civil Relief Act (50 U.S.C. 3955)
Domestic violence survivorsA survivor of domestic violence, stalking, sexual assault or domestic abuse who provides the required documentation can end the lease early, and is not liable for damage caused by the abuser.Colorado Revised Statutes, title 38, article 12 (domestic violence lease termination)
Unlivable conditionsIf an unlivable condition is not fixed within a reasonable time, the tenant may end the lease with 10 to 60 days of written notice, or with 10 days of notice if the condition returns within six months.C.R.S. section 38-12-507
Landlord duty to re-rentColorado courts generally require a landlord to make reasonable efforts to re-rent a unit a tenant has left early.Colorado case law
Month-to-month noticeA month to month tenancy ends with at least 21 days of written notice, though a landlord also needs a cause allowed by the for cause eviction law.C.R.S. section 13-40-107 and C.R.S. section 38-12-1303

Reasons that allow an early exit

A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.

Military service. A tenant who enters active military service, or who gets permanent change of station or deployment orders, can end a residential lease early with written notice and a copy of the orders. (Servicemembers Civil Relief Act (50 U.S.C. 3955))

Domestic violence survivors. A survivor of domestic violence, stalking, sexual assault or domestic abuse who provides the required documentation can end the lease early, and is not liable for damage caused by the abuser. (Colorado Revised Statutes, title 38, article 12 (domestic violence lease termination))

Unlivable conditions

Unlivable conditions. If an unlivable condition is not fixed within a reasonable time, the tenant may end the lease with 10 to 60 days of written notice, or with 10 days of notice if the condition returns within six months. (C.R.S. section 38-12-507)

What the tenant may still owe

Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.

Landlord duty to re-rent. Colorado courts generally require a landlord to make reasonable efforts to re-rent a unit a tenant has left early. (Colorado case law)

Month-to-month tenancies

Month-to-month notice. A month to month tenancy ends with at least 21 days of written notice, though a landlord also needs a cause allowed by the for cause eviction law. (C.R.S. section 13-40-107 and C.R.S. section 38-12-1303)

Mistakes to avoid

  • Billing the tenant for every remaining month without trying to re-rent the unit.
  • Ignoring a protected early termination notice because it is inconvenient.
  • Agreeing to an early exit by phone without a written agreement.
  • Keeping more of the deposit than the lawful deductions.
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Verify current law

We last checked these Colorado rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Colorado attorney about your situation.

Laws named on this page

  • Servicemembers Civil Relief Act (50 U.S.C. 3955)
  • Colorado Revised Statutes, title 38, article 12 (domestic violence lease termination)
  • C.R.S. section 38-12-507
  • Colorado case law
  • C.R.S. section 13-40-107 and C.R.S. section 38-12-1303

Official sources

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Can a service member break a lease in Colorado?

A tenant who enters active military service, or who gets permanent change of station or deployment orders, can end a residential lease early with written notice and a copy of the orders. Source: Servicemembers Civil Relief Act (50 U.S.C. 3955).

Can a survivor of abuse end a lease early in Colorado?

A survivor of domestic violence, stalking, sexual assault or domestic abuse who provides the required documentation can end the lease early, and is not liable for damage caused by the abuser. Source: Colorado Revised Statutes, title 38, article 12 (domestic violence lease termination).

Does a Colorado landlord have to re-rent the unit?

Colorado courts generally require a landlord to make reasonable efforts to re-rent a unit a tenant has left early. Source: Colorado case law.

How much notice ends a month-to-month tenancy in Colorado?

A month to month tenancy ends with at least 21 days of written notice, though a landlord also needs a cause allowed by the for cause eviction law. Source: C.R.S. section 13-40-107 and C.R.S. section 38-12-1303.

TenantLoop team · reviewed

Written by the team building TenantLoop. Our guides are general information for landlords and property managers; check current law and talk to a qualified professional before you act.