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.

§ 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.

Note that the Protecting Homeowners and Deployed Military Personnel Act (C.R.S. §§ 13-40.1-101, et seq.) expressly provides for an...