Lease agreements are an essential element of the landlord-tenant relationship. They dictate the terms
of possession, rent amounts and due dates, and importantly, both parties’ rights and obligations, when
disputes arise. Many landlords and tenants in Colorado, particularly in our mountain communities, do
not have written lease agreements, or alternatively, utilize written lease agreements found online which
can be printed for free.
At Carlson, Edwards, and O’Connor, our real estate attorneys maintain an active landlord/tenant practice, and have seen the
many ways these agreements (or lack of agreements) can cause problems for both landlords and
tenants. While it is possible to have what is known as an “implied” lease (i.e. a lease which is not
formally written down, but can be understood to exist because one party pays the other for the use of
their home or residence), we do not recommend engaging in a landlord/tenant relationship without a
formal lease agreement. Without a lease agreement, you may not fully understand your landlords’
expectations, or what penalties they may assess you for late payments. For landlords, without a lease
agreement, your renter may not secure renters’ insurance, and leave you on the hook for substantial
damages caused by their behavior.
Likewise, we do not advise that you obtain a lease without the assistance of a qualified legal
professional. In our over twenty five years of business, we have seen many clients fall prey to lease
terms which are illegal in Colorado, are extremely confusing, or do not make sense in the context of
your arrangement with your tenant or landlord. We litigate cases over lease agreements on a regular
basis, so we know and understand how our local judges interpret them. This means that we create lease
agreements tailor-made to our local communities, which are upheld in Court, because that is in large
part where they have been crafted.