Category: Breaking a Lease in Colorado

Breaking a lease can be a daunting prospect for any tenant. Whether you’re facing an unexpected job transfer, a difficult living situation, or financial hardship, you may find yourself wondering what your options are for getting out of a lease in Colorado. Fortunately, there are legal protections in place that can help tenants navigate this process. In this blog post, we’ll explore Colorado’s rules around breaking a lease, including the circumstances under which you can do so without penalty, the steps you need to take to protect your rights, and the potential consequences of breaking a lease early. So if you’re feeling trapped by your lease agreement, read on to learn more about your options in Colorado.

Lease break penalties in Colorado

Lease break penalties in Colorado can vary depending on the terms of your lease agreement and the circumstances surrounding your decision to break the lease. If you break your lease without legal justification, you may be responsible for paying a penalty fee, which could be a flat fee or a percentage of your remaining rent. Additionally, you may forfeit your security deposit or be held responsible for any unpaid rent or damages to the rental property.

It’s important to note that even if you are legally justified in breaking your lease, you may still face financial consequences. For example, you may need to pay for the cost of finding a new tenant to take over your lease or pay rent until a new tenant is found. It’s always a good idea to review your lease agreement and consult with a legal professional before making any decisions about breaking your lease.

In Colorado, when is it acceptable to break a lease?

In Colorado, tenants can legally break a lease under certain circumstances, which include:

• Active Duty Military Service: If you are a member of the military and receive orders for a permanent change of station or deployment for a period of at least 90 days, you have the right to break your lease without penalty.
• Domestic Violence or Sexual Assault: If you or someone in your household is a victim of domestic violence or sexual assault, you may be able to terminate your lease early without penalty. You will need to provide documentation of the abuse, such as a restraining order or police report.
• Illegal Lease Terms: If any of the lease terms violate Colorado landlord-tenant law, you may be able to break your lease without penalty. For example, if your landlord included an illegal provision that waives your right to a security deposit, you may be able to break your lease.
• Landlord’s Failure to Provide Essential Services: If your landlord fails to provide essential services, such as heat or hot water, you may be able to break your lease without penalty. You must provide written notice to your landlord of the issue and give them a reasonable amount of time to fix it before breaking your lease.
• Habitability Issues: If your rental unit is uninhabitable due to serious defects or conditions that violate the state’s warranty of habitability, you may be able to break your lease without penalty. You must provide written notice to your landlord of the issue and give them a reasonable amount of time to fix it before breaking your lease.

What are your options if you want to break your lease early in Colorado?

If you want to break your lease early in Colorado, there are a few options available to you:

• Negotiate with Your Landlord: You can try to negotiate with your landlord to see if they will let you out of your lease early. This may involve offering to find a replacement tenant or paying a fee to break the lease.
• Sublet Your Rental Unit: You may be able to sublet your rental unit to someone else, which can help you fulfill your lease obligations while still allowing you to move out. However, you will need to get permission from your landlord and follow any guidelines they have for subletting.
• Assign Your Lease: Similar to subletting, you may be able to assign your lease to someone else, which transfers all of your lease obligations to the new tenant. Again, you will need to get permission from your landlord and follow any guidelines they have for assigning leases.
• Legal Justification: As mentioned in the previous answer, there are certain circumstances under which you can legally break your lease without penalty, such as if you are a member of the military or if your landlord is in violation of the lease agreement. If you have legal justification to break your lease, you should provide written notice to your landlord and keep records of all communication.

What should you do if your landlord won’t let you out of your lease agreement in Colorado?

If your landlord won’t let you out of your lease agreement in Colorado, there are several steps you can take:

• Review Your Lease Agreement: Review your lease agreement to determine if there are any provisions that allow you to break your lease early or any penalties for doing so.
• Communicate with Your Landlord: Talk to your landlord to explain why you need to break your lease and try to negotiate a solution. If your reason for breaking your lease is due to issues with the rental unit, provide documentation of the issues and request repairs or maintenance.
• Offer to Find a Replacement Tenant: Offer to find a replacement tenant to take over your lease. This can make it easier for your landlord to agree to let you out of your lease.
• Seek Legal Advice: If you have legal justification to break your lease, such as if your landlord is in violation of the lease agreement or if you are a victim of domestic violence, seek legal advice from an attorney who specializes in landlord-tenant law.
• Document Everything: Keep records of all communication with your landlord, including emails, letters, and phone calls. If you end up in court, these records can be helpful to demonstrate your efforts to resolve the issue.
• Consider Small Claims Court: If you feel that your landlord is violating your rights, you may be able to file a claim in small claims court. However, this should be a last resort and it’s important to consult with a legal professional before taking this step.

Conclusion

Breaking a lease in Colorado can be a complicated process with several options available to tenants. While there are legitimate reasons for breaking a lease, it’s important to understand the legal implications and consequences of doing so. It’s always recommended to review your lease agreement and consult with a legal professional before taking any action. Whether you negotiate with your landlord, find a subletter, or exercise your legal rights, it’s important to approach the situation with care and consideration for all parties involved. With the right approach and resources, breaking a lease can be a manageable process that protects both tenants and landlords.