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What Is a Colorado Sublease Agreement?

In Colorado, a sublease agreement is an agreement that allows a tenant to find a “replacement” while he or she will be absent from the rental. These types of agreements work for those who may need to leave town for a period of months or for those who have found permanent housing and no longer wish to live in the rental but do not wish to break the lease with the landlord. Breaking a long-term lease can be quite costly, causing the original tenant to inquire about large fees and lose his or her security deposit. Subleasing the rental solves this problem and still fulfills the original tenant’s obligations to pay the rent until the lease term is over. Although the incoming tenant, known as the Sublessee, will live in the rental and pay rent like the original tenant, the sublessor, will remain responsible for the rent being paid on time. If the sublessee fails to pay rent or damages the apartment, the sublessor will be responsible for late fees, damages, and unpaid rent.

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Sample Colorado Sublease Agreement

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Colorado Sublease Laws

According to Colorado’s Tenant/Landlord Law, sublease agreements are permitted if the landlord grants permission in the original lease. However, if there is no mention of subleasing, the landlord cannot unreasonably deny a sublease to the original tenant. Regardless of the situation, in order to protect all parties involved, the tenant should receive written permission to sublease the apartment from the landlord.

A Sample Colorado Sublease Agreement with Examples of Each Step

A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement. The sublease agreement is tied to and incorporates the original (master) lease. If the original lease does not contain language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) should obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.

A Colorado sublease agreement should include the following sections:

  • Name of Sublessor (Sublandlord)/Name of Sublessee (Subtenant)/Name of Original Landlord: Both parties to the sublease agreement should be identified by name in the document, as well as any co-sublessors or co-sublessees. In addition, the sublease agreement in Colorado should include the name of the landlord and contact information for the landlord or manager of the property.
  • Names of All Other Adult Occupants: The sublease agreement should include the names of all adult persons who will be residing in the unit.
  • Description/Site of Rental Unit: This section should include the complete address and description of the rental unit as it appears in the original (master) lease, as well as a list of items in the unit that are covered by the sublease agreement.
  • Sublease Agreement Term: This section defines the length of the sublease agreement; the precise start date and end date must be noted.
  • Amount of Rent/How Paid: This section includes the amount of rent to be charged, whether it will be paid by the week or by the month, the day the rent is due, how the rent will be delivered to the sublessor (e.g., by a mailed check), if there will be a fee for late payment or insufficient funds, and the amounts of those fees.
  • Utilities/Maintenance and Repair: This section delineates the specific utilities and maintenance/repair items that are the responsibility of the sublessor and those that are the obligations of the sublessee.
  • Damages/Liability: This section declares the sublessee's liability for damages to the sublessor, who is still responsible for any damages that affect the landlord under the original (master) lease.
  • Security Deposit/Pet Deposit (if any): This section states the amount of the security deposit under the sublease agreement and that it is given to the sublessor. An additional pet deposit may be charged, as can a deposit for any use of the rental unit that poses a risk to the property. In Colorado, the security deposit is not restricted to a certain amount, but it must be refunded within a month after termination of sublease agreement/the sublessee vacates; the sublease agreement may extend the period, but in no event can it be longer than sixty (60) days.
  • Disputes: This section states the method(s), short of legal action, by which the sublessor and sublessee will resolve any disputes that arise.
  • Events of Default and Remedies: This section defines the actions on the part of the sublessee that will constitute a default or breach of the sublease agreement and the options available to the sublessor in those situations, including legal action.
  • Attorney's Fees: This section states that if there is a breach of the sublease agreement or legal action taken by either party, the party who secures a judgment can recover attorney's fees and court costs.
  • Disclosures: Applicable state law may require that certain disclosures be made to the sublessee in the sublease agreement, in addition to the federal Environmental Protection Agency (EPA) requirement to disclose the possible danger of lead-based paint if the structure was built prior to 1978. In Colorado, a written Lead-Based Paint Disclosure is required if the rental unit in question was constructed prior to 1978, informing the sublessee that the premises could contain lead-based paint.
  • Master Lease/Termination of Master Lease: This section states that the original (master) lease is incorporated in its entirety in the sublease agreement; all of the provisions and requirements/obligations in the master lease are deemed part of the sublease agreement. The master lease should be attached. This section also states that the sublease agreement will terminate simultaneously if the master lease is terminated.
  • Rules and Regulations: This section states the activities that are prohibited and/or regulated, including illegal activities, smoking, and pets.
  • Consent of Landlord: This section states the manner in which the landlord is giving consent to the sublease agreement, should the original (master) lease not include consent.
  • Governing Law: This section states that the sublease agreement is governed by Colorado state law, including all the provisions/requirements in any applicable state code sections.
  • Entire Agreement: This section states that the sublease agreement represents the complete agreement between the sublessor and sublessee; the sublease agreement may not be altered except by mutual agreement of the parties in writing.  
  • Dated Signatures: This section includes the dated signatures of the sublessor (and any co-sublessors), sublessee (and any co-sublessees), and the landlord, who hereby gives written consent to the sublease agreement.

Sublease Resources for Tenants in Colorado

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Colorado Sublease Agreement

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