Roommate Agreement in Colorado

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What Colorado law says

Roommate not on the lease	A "tenant" is someone entitled under a written or oral rental agreement to occupy the unit. The definition also includes any member of the tenant's household and anyone with a right to occupy under law, the rental agreement or a separate agreement with the landlord, or who otherwise has explicit or implicit permission from the landlord to live there. So a roommate the landlord knows about and allows can have tenant rights even without signing the lease; whether a particular roommate qualifies depends on the facts. The for-cause eviction protections in part 13 do not apply to a tenant who is not known to the landlord to be a tenant (C.R.S. § 38-12-1302(1)(f)). Source: C.R.S. §§ 38-12-502(7), (9)
Removing a roommate or subtenant	A tenant who sublets to a roommate is that roommate's "landlord" (the definition includes a sublessor), so the roommate must be removed through a county court eviction (forcible entry and detainer) case after proper written notice; removing or locking out a tenant without court process is unlawful. The for-cause eviction law does not apply where the master tenant lives in and maintains a single-family home, duplex or triplex as a primary residence, so in that case the regular notice periods apply (for example, 21 days for a month-to-month tenancy). Unlawful lockouts can bring statutory damages of actual damages plus the greater of three months' rent or $5,000 (C.R.S. § 38-12-510(2)). The master tenant's own lease may limit subletting. Source: C.R.S. §§ 38-12-502(5), 38-12-510, 38-12-1302(1)(b), 13-40-104(1)(c), 13-40-107

Roommate not on the lease

A "tenant" is someone entitled under a written or oral rental agreement to occupy the unit. The definition also includes any member of the tenant's household and anyone with a right to occupy under law, the rental agreement or a separate agreement with the landlord, or who otherwise has explicit or implicit permission from the landlord to live there. So a roommate the landlord knows about and allows can have tenant rights even without signing the lease; whether a particular roommate qualifies depends on the facts.

The for-cause eviction protections in part 13 do not apply to a tenant who is not known to the landlord to be a tenant (C.R.S. § 38-12-1302(1)(f)).

Source: C.R.S. §§ 38-12-502(7), (9)

Removing a roommate or subtenant

A tenant who sublets to a roommate is that roommate's "landlord" (the definition includes a sublessor), so the roommate must be removed through a county court eviction (forcible entry and detainer) case after proper written notice; removing or locking out a tenant without court process is unlawful. The for-cause eviction law does not apply where the master tenant lives in and maintains a single-family home, duplex or triplex as a primary residence, so in that case the regular notice periods apply (for example, 21 days for a month-to-month tenancy).

Unlawful lockouts can bring statutory damages of actual damages plus the greater of three months' rent or $5,000 (C.R.S. § 38-12-510(2)). The master tenant's own lease may limit subletting.

Source: C.R.S. §§ 38-12-502(5), 38-12-510, 38-12-1302(1)(b), 13-40-104(1)(c), 13-40-107

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ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate Agreement for other states · Colorado tenant rights

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.