Breaking a Lease in Colorado
Colorado rules on breaking a lease for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: A tenant who is a victim-survivor of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may end the lease and move out because of fear of imminent danger to themselves or their children. C.R.S. §§ 38-12-401, 38-12-402 (as amended by HB 25-1168); § 38-12-103(1)
The rules in Colorado
| Ending a lease: domestic violence | A tenant who is a victim-survivor of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may end the lease and move out because of fear of imminent danger to themselves or their children. The tenant, or a qualified third party, notifies the landlord in writing and provides at least one of: a self-attestation affidavit; a letter from a qualified third party such as an advocate, attorney, social worker, medical or mental health provider, or faith leader; a police report from the prior 120 days; or a valid protection or restraining order. Nothing more may be required. If documentation is missing, the tenant must provide it within 7 days of the landlord's written request. The tenant owes at most one month's rent, and only if the landlord gives the tenant a written statement of actual economic damages within 30 days after move-out. Missing that deadline forfeits the claim. Nothing is owed if another tenant stays on the lease. The tenant cannot be charged for damage caused by the abuse. Landlords must keep the tenant's status and new address confidential, may not ask applicants about it, and must allow lock changes and other reasonable safety measures. Violations: actual damages plus the greater of 3 months' rent or $5,000, plus attorney fees. HB 25-1168 (2025 Sess. Laws ch. 229) was signed and took effect May 22, 2025 (bill page https://leg.colorado.gov/bills/hb25-1168). It replaced the older 60-day police report / medical-professional statement rule. The one-month-rent charge also requires documented damages of at least one month's rent (§ 38-12-402(2)(b)). The landlord may not assign that debt to a collector without 90 days' written notice. Victim-survivor status is also a defense to eviction for nonpayment and lease violations (§ 13-40-104(4)). |
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| Ending a lease: military, medical, death | Tenant death: if a lease ends early because a tenant dies, lease clauses requiring any of the following are void: liquidated damages; acceleration of rent past the later of the end of the month or 10 business days after the unit is vacated following notice of the death; repayment of concessions or move-in discounts; or any other early-termination fee or penalty. The landlord may retake possession without court order if the estate's personal representative surrenders the unit, or if 30 days after the death rent is unpaid or substantially all property has been removed. The landlord may keep deposit funds for damage caused by the death. No Colorado statute was found giving tenants a state-law right to end a lease early for military service (beyond the federal SCRA), medical or disability reasons, or a move to senior or assisted care. HB 25-1108 (2025 Sess. Laws ch. 437) was signed June 4, 2025 and took effect September 1, 2025. It applies to rental agreements entered into on or after that date (bill page https://leg.colorado.gov/bills/hb25-1108). The search for military, medical, and senior provisions covered Title 38, Article 12 (CRS 2024) only. Other titles (e.g., Title 28 military affairs) were not searched. |
Related questions
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
Colorado vs. neighboring states
| State | Ending a lease: domestic violence | Ending a lease: military, medical, death |
|---|---|---|
| Colorado | A tenant who is a victim-survivor of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may end the lease and move out because of fear of imminent danger to themselves or their children. The tenant, or a qualified third party, notifies the landlord in writing and provides at least one of: a self-attestation affidavit; a letter from a qualified third party such as an advocate, attorney, social worker, medical or mental health provider, or faith leader; a police report from the prior 120 days; or a valid protection or restraining order. Nothing more may be required. If documentation is missing, the tenant must provide it within 7 days of the landlord's written request. The tenant owes at most one month's rent, and only if the landlord gives the tenant a written statement of actual economic damages within 30 days after move-out. Missing that deadline forfeits the claim. Nothing is owed if another tenant stays on the lease. The tenant cannot be charged for damage caused by the abuse. Landlords must keep the tenant's status and new address confidential, may not ask applicants about it, and must allow lock changes and other reasonable safety measures. Violations: actual damages plus the greater of 3 months' rent or $5,000, plus attorney fees. C.R.S. §§ 38-12-401, 38-12-402 (as amended by HB 25-1168); § 38-12-103(1) | Tenant death: if a lease ends early because a tenant dies, lease clauses requiring any of the following are void: liquidated damages; acceleration of rent past the later of the end of the month or 10 business days after the unit is vacated following notice of the death; repayment of concessions or move-in discounts; or any other early-termination fee or penalty. The landlord may retake possession without court order if the estate's personal representative surrenders the unit, or if 30 days after the death rent is unpaid or substantially all property has been removed. The landlord may keep deposit funds for damage caused by the death. No Colorado statute was found giving tenants a state-law right to end a lease early for military service (beyond the federal SCRA), medical or disability reasons, or a move to senior or assisted care. C.R.S. § 38-12-801(3.5) (added by HB 25-1108, "Letty's Act") |
| Arizona | A victim of domestic violence, or of sexual assault in the dwelling, may end the lease by giving the landlord written notice requesting release, with a mutually agreed release date within the next 30 days. The notice must include either a copy of a protective order or a law enforcement departmental report stating that the tenant reported being a victim. The incident must have occurred within the 30 days before the notice, unless the landlord waives this. The tenant owes rent only through the termination date, plus earlier obligations, paid by move-out. The landlord may keep prepaid rent for the final month. No early-termination penalties or fees may be charged, and the deposit may not be withheld for the early termination, only for damages. Co-tenants' tenancy also ends. The victim may have the locks changed at the victim's own cost. The abuser can be civilly liable to the landlord for the landlord's losses. A tenant convicted of falsely filing the report or order owes treble damages. A.R.S. § 33-1318 | Law enforcement officers protected by an injunction against harassment issued within the previous 30 days may terminate the lease the same way as under § 33-1318. They must repay any lease concessions received (§ 33-1318.01). A tenant may also terminate the lease for the landlord's unlawful or harassing entry (§ 33-1376(B)). The Residential Landlord and Tenant Act has no state-law early-termination right for military service (federal SCRA applies), medical or disability reasons, seniors moving to care, or the tenant's death. For a deceased or incapacitated tenant, § 33-1314(E)-(G) only governs retrieval of property by a person the tenant authorized. A.R.S. §§ 33-1318.01, 33-1376(B), 33-1314(E)-(G); Title 33, Ch. 10 section list checked |
| Kansas | A 'protected person' (someone who in the preceding 12 months has been, is, or is in imminent danger of becoming a victim of domestic violence, sexual assault, human trafficking, or stalking) is not liable for rent after vacating if they give the landlord a statement about the abuse. If the landlord asks, they must provide documentation: either a document signed by the victim and a licensed physician, physician assistant, nurse, or behavioral-sciences licensee declaring under penalty of perjury that the incident occurred, or a court order granting relief. Rent and other amounts owed before move-out remain due. The landlord may charge a reasonable termination fee of up to one month's rent only if the lease provides for it. The lease continues for remaining tenants. Rights cannot be waived; violations carry $1,000 statutory damages plus attorney fees. K.S.A. 58-25,137 (L. 2019, ch. 56) | Military: a tenant in U.S. military service may end a month-to-month tenancy on not more than 15 days' written notice when military orders require it. No state statute was found for medical reasons, seniors moving to care, or tenant death. K.S.A. 58-2570(b) |
| Nebraska | Yes. A tenant who is, or whose household member is, a victim of domestic violence may be released from the rental agreement if they have a protective order, restraining order or similar relief against the perpetrator, or a certification of domestic violence from a qualified third party (as under the federal VAWA 2013 housing provisions). The tenant must give the landlord a copy of that documentation and a written notice stating the release date (at least 14 and no more than 30 days after the notice) and naming any household members also being released. The tenant owes rent for the month in which the agreement is terminated but is not liable for rent or damage after the release date and cannot be charged a termination fee. Other co-tenants are not released, and a perpetrator cannot use this section. Neb. Rev. Stat. § 76-1431.01 (Laws 2021, LB320) | No state statute found in the URLTA for military, medical/disability, or senior lease termination; service members rely on the federal SCRA. On a tenant's death the statute addresses only retrieval of personal property by a tenant-designated authorized person, not termination of the lease. Neb. Rev. Stat. §§ 76-1401 to 76-1449; 76-1414(5) |
| New Mexico | No statute. New Mexico has no right for domestic violence or sexual assault survivors to end a lease early. 2025 SB 400, which would have created one, died. The UORRA does give a defense: in an eviction based on a 3-day substantial-violation notice, being a victim of domestic violence or sexual assault is a defense. If the resident has filed for or obtained a temporary DV restraining order arising from the incident (or a prior one), the writ of restitution may not issue. Otherwise the court may evict only the accused resident and let the others stay. NMSA 1978, § 47-8-33(J); 2025 SB 400 (died) | Not verified yet |
| Oklahoma | A victim of domestic violence, sexual violence, or stalking may end a lease without penalty by giving the landlord written notice and a protective order within 30 days of the incident, unless the landlord waives that time limit. A landlord may not deny, refuse to renew, or end a tenancy because the applicant, tenant, or a household member is a victim or alleged victim, with or without a protective order. A landlord also may not refuse to rent to, or retaliate against, someone because they previously ended a lease as a victim. 41 O.S. § 111(F); 41 O.S. § 113.3 | Title 41 has no state-law early termination right for military service (beyond federal SCRA), medical reasons, disability, seniors, or tenant death. For a deceased sole tenant, § 130.1 covers only handling of property and refund of the deposit to the designated contact. 41 O.S. §§ 101-136; 41 O.S. § 130.1 |
| Utah | Yes, with a fee. A renter who is a domestic violence victim may end all future lease obligations by giving the owner a court protective order (non-ex parte) or a police report showing the renter is a victim and not the predominant aggressor, plus written notice with the move-out date, and paying a termination fee equal to one month's rent (due when notice is given or on move-out, whichever is later). The renter must move out within 15 days after notice and pay rent for that period, and must be in compliance with the lease (limited exception for violations within 30 days caused by the domestic violence). Not available after an eviction notice is served. Prior financial obligations remain. Victims of domestic violence, stalking, sexual offenses, burglary or dating violence may also require new locks at their own cost, and the owner may not give a key to the perpetrator. Utah Code 57-22-5.1 | Not verified yet |
| Wyoming | Yes, as a defense to rent claims (Wyoming Safe Homes Act). A tenant who moves out is not liable for rent for the period after vacating if the court finds, by a preponderance of the evidence, either (1) the tenant or a household member was under a credible imminent threat of domestic abuse or sexual violence (sexual assault, sexual abuse or stalking) at the premises, shown by medical, court or police evidence, and the tenant gave the landlord 7 days' written notice before vacating stating that reason; or (2) the tenant or a household member was a victim of domestic abuse or sexual violence on premises owned or controlled by the landlord, the tenant gave 7 days' written notice before vacating stating the reason and the date and that medical, court or police evidence was provided to the landlord, and the abuse occurred no more than 60 days before the notice (or as soon as practicable if hospitalization, shelter or counseling prevented earlier notice). Rent owed before the tenant gave notice and vacated is still owed, and eviction for earlier nonpayment is not barred. A landlord may not terminate a tenancy based solely on a tenant's or household member's status as a victim. These rights cannot be waived or modified in a lease or separate agreement. Wyo. Stat. 1-21-1301 to 1-21-1304 | No state statute found for military (beyond federal SCRA), medical, senior, or tenant-death early termination. A court may terminate the rental agreement as relief in a renter's habitability action; the renter then gets the rent balance and deposit back within 30 days and must vacate 10-20 days after termination. Wyo. Stat. 1-21-1206(c), (d) |
City rules that may add to state law
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Breaking a Lease in Colorado FAQ
Can a domestic violence survivor break a lease in Colorado?
A tenant who is a victim-survivor of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may end the lease and move out because of fear of imminent danger to themselves or their children. The tenant, or a qualified third party, notifies the landlord in writing and provides at least one of: a self-attestation affidavit; a letter from a qualified third party such as an advocate, attorney, social worker, medical or mental health provider, or faith leader; a police report from the prior 120 days; or a valid protection or restraining order. Nothing more may be required. If documentation is missing, the tenant must provide it within 7 days of the landlord's written request. The tenant owes at most one month's rent, and only if the landlord gives the tenant a written statement of actual economic damages within 30 days after move-out. Missing that deadline forfeits the claim. Nothing is owed if another tenant stays on the lease. The tenant cannot be charged for damage caused by the abuse. Landlords must keep the tenant's status and new address confidential, may not ask applicants about it, and must allow lock changes and other reasonable safety measures. Violations: actual damages plus the greater of 3 months' rent or $5,000, plus attorney fees. (C.R.S. §§ 38-12-401, 38-12-402 (as amended by HB 25-1168); § 38-12-103(1))
When can a tenant break a lease without penalty in Colorado?
Tenant death: if a lease ends early because a tenant dies, lease clauses requiring any of the following are void: liquidated damages; acceleration of rent past the later of the end of the month or 10 business days after the unit is vacated following notice of the death; repayment of concessions or move-in discounts; or any other early-termination fee or penalty. The landlord may retake possession without court order if the estate's personal representative surrenders the unit, or if 30 days after the death rent is unpaid or substantially all property has been removed. The landlord may keep deposit funds for damage caused by the death. No Colorado statute was found giving tenants a state-law right to end a lease early for military service (beyond the federal SCRA), medical or disability reasons, or a move to senior or assisted care. (C.R.S. § 38-12-801(3.5) (added by HB 25-1108, "Letty's Act"))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.