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Chapter 13 - § 13.1 • LEASES, IN GENERAL
Jurisdiction | Colorado |
§ 13.1 • LEASES, IN GENERAL
§ 13.1.1—Definition And Dual Nature
A lease is an agreement by which a tenant contracts with a landlord for the right to possess property. Under modern law, the lease is both a conveyance of an interest in land and a contract. Accordingly, the interpretation and enforcement of leases draws on principles of both real property and contract law. See Schneiker v. Gordon, 732 P.2d 603 (Colo. 1987), for the leading discussion on the implications of this dual nature of a lease.
This chapter will focus on, and distinguish between, the two most common categories of lease relationships. Residential leases, whether a house and land or an apartment or condominium, tend to be less detailed in scope and come with greater statutory guidance. Commercial leases, whether office, retail, industrial, medical, or other business relationship, often delve into greater details and receive greater deference by the courts as the will of the parties.
§ 13.1.2—Written Or Oral
A lease may be oral if the term is one year or less, but must be in writing if the term exceeds one year. C.R.S. §§ 38-10-106 and -108. In practice, written leases are strongly preferred. Where there is a written rental agreement, the landlord must provide the tenant with a copy of the agreement signed by both parties no later than the seventh day after the tenant has signed the agreement. C.R.S. § 38-12-801.
§ 13.1.3—Types Of Tenancies
Four types of tenancies recognized in Colorado are a lease for a definite term, a tenancy at sufferance, a tenancy at will, and a periodic tenancy.
Lease for a Definite Term
This is a lease covering a fixed number of years where the beginning and ending dates are usually written in the lease. At the end of a fixed time, the tenancy agreement is fulfilled, and the tenant's right to possession is terminated. C.R.S. § 13-40-107(4).
Tenancy at Sufferance
A tenancy at sufferance is created when a person who had a lawful possessory interest in property wrongfully holds over after termination of the interest. A tenant at sufferance may be ejected at any time without notice unless the landlord recognizes the tenancy as a continuing one. C.R.S. § 13-40-104(1)(c). Recognition of the continuing tenancy could be by acceptance of rent. This could be the basis of renewal of the original term with the same provisions, or a tenancy at will, or a periodic tenancy.
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- Chapter 13 Leases
- Chapter 13 - CHAPTER 13 LEASES: THEIR CREATION AND TERMINATION
- Chapter 13 - § 13.1 • LEASES, IN GENERAL
- Chapter 13 - § 13.2 • DRAFTING LEASES
- Chapter 13 - § 13.3 • SECURITY DEPOSITS
- Chapter 13 - § 13.4 • LANDLORD'S LIEN (RESIDENTIAL PREMISES)
- Chapter 13 - § 13.5 • TENANT'S RIGHTS
- Chapter 13 - § 13.6 • TERMINATION OF LEASES; UNLAWFUL DETENTION
- Chapter 13 - CHAPTER 13 FORMS
- Chapter 13 - FORM 13-1 • POST-CLOSING OCCUPANCY AGREEMENT
- Chapter 13 - FORM 13-2 • OFFICE LEASE (MULTI-TENANT)
- Chapter 13 - FORM 13-3 • BUSINESS LEASE (SINGLE TENANT GROSS)
- Chapter 13 - FORM 13-4 • RESIDENCE LEASE AGREEMENT
- Chapter 13 - FORM 13-5 • TENANT ESTOPPEL CERTIFICATE
- Chapter 13 - FORM 13-6 • LETTER TO TENANT ADVISING OF SALE AND TRANSFER OF SECURITY DEPOSIT TO NEW OWNER
- Chapter 13 - FORM 13-7 • OWNER'S NOTICE OF NON-LIABILITY
- Chapter 13 - FORM 13-8 • NOTICE TO QUIT (FROM LANDLORD)
- Chapter 13 - FORM 13-9 • NOTICE OF INTENTION TO QUIT (FROM TENANT)
- Chapter 13 - FORM 13-10 • NOTICE TO QUIT (WITH HOLDOVER TERMS)
- Chapter 13 - FORM 13-11 • DEMAND FOR PAYMENT OF RENT OR POSSESSION
- Chapter 13 - FORM 13-12 • DEMAND FOR COMPLIANCE OR POSSESSION
- Chapter 13 - FORM 13-13 • NOTICE TO QUIT (SUBSEQUENT NON-MONETARY VIOLATION OF LEASE)
- Chapter 13 - FORM 13-14 • NOTICE TO QUIT (SUBSTANTIAL VIOLATION OF LEASE)
- Chapter 13 - FORM 13-15 • DEMAND FOR POSSESSION (FOLLOWING FORECLOSURE)
- Chapter 13 - FORM 13-16 • CERTIFICATE OF SERVICE
- Chapter 13 - FORM 13-17 • SUMMONS IN FORCIBLE ENTRY AND UNLAWFUL DETAINER (COUNTY COURT)
- Chapter 13 - FORM 13-18 • SUMMONS (UNLAWFUL DETAINER) (DISTRICT COURT)
- Chapter 13 - FORM 13-19 • COMPLAINT UNDER SIMPLIFIED CIVIL PROCEDURE (FORCIBLE ENTRY AND UNLAWFUL DETAINER)
- Chapter 13 - FORM 13-20 • WRIT OF RESTITUTION
- Chapter 13 - FORM 13-21 • UNDERTAKING ON APPEAL
- Chapter 13 - FORM 13-22 • SAMPLE LETTER OF INTENT TO SUE
- Chapter 13 - FORM 13-23 • LEAD-BASED PAINT OBLIGATIONS OF LANDLORD
- Chapter 13 - FORM 13-24 • LEAD-BASED PAINT DISCLOSURE (RENTALS)
- Chapter 13 - FORM 13-25 • SHORT FORM LEASE
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