Legal Aspects

A room rental is a formal and legal contract between a lessor and a lessee. Unlike the information agreement between roommates, this document is enforceable in court once both parties sign it. Lessors use it to rent out a room in their home or rent out rooms to multiple tenants in a shared house.

Most room rental laws are typically more restrictive than regular rental rules. Depending on where in the state lessors are located, they might also need a license to rent out rooms.

Access to the Room

• Colorado isn’t specific on how much notice landlords must provide when entering the room. However, reasonable notice generally refers to a 24-hour notice period. They require the tenant’s consent, but tenants can’t unreasonably withhold it if the lessor has a valid entry reason.

• Valid entry reasons are repairs, maintenance, inspections, or showing the unit to prospective buyers/clients.

• On the other hand, the type of lease can determine the level of access the lessee has to the house. If it’s the lessor’s private residence, the tenant’s access can be limited to necessities like bathrooms and kitchens.

• Shared houses often provide equal access to common areas for all tenants. However, they must follow specific house rules and respect their housemates.

Guest & Pets Policy

• The covenant of quiet use and enjoyment means that lessees have legal “possession” of the room. As such, they have the right to invite guests. However, landlords can decide whether to allow overnight guests and how long they can stay.

• In Colorado, guests will become tenants after staying for 14 days in six (6) months. As such, the landlord can restrict overnight guests to prevent that from happening.

• Pets typically aren’t allowed in shared houses, as landlords try to respect all tenants’ rights and peaceful enjoyment. However, some might approve of pets. In this case, they can ask for a pet deposit, have pet size and type limits, or even have behavioral guidelines.

• The exceptions to the above rule are service animals and ESAs/assistance animals. A landlord must accommodate both animals, as the law doesn’t regard them as pets. Landlords can only reject these animals if there’s proof that the animal poses a real threat to the safety and health of the other tenants or if they’re not housebroken.

Security Deposit Regulations

• There’s no limit to how much a landlord can ask for a security deposit, provided it’s reasonable.

• Lessors also don’t need to store deposits in a specific account or provide the tenant with a receipt when receiving it.

• A lessor has 30 days to return the security deposit, though they can extend it by another 30 days if there are deductions or disputes surrounding the deposit.

• If someone finds hazardous conditions in the room due to gas, the landlord can fix it within 72 hours. However, the tenant can break the lease if it’s not solved within 72 hours. The lessor must then return the deposit within 72 hours.