Cal. Civ. Code § 38-12-801

Written rental agreement - prohibited clauses - copy - tenant - applicability - definitions.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoProhibited Clauses

Operative Text

Cal. Civ. Code § 38-12-801
(1) If
there is a written rental agreement, the landlord shall provide the tenant with
a copy of the agreement that is signed by the landlord and the tenant, no later
than the seventh day after the tenant has signed the agreement. A landlord may
provide the tenant with an electronic copy of the agreement, unless the tenant
requests a paper copy, in which case the landlord shall provide the tenant with
a paper copy.

(2) A
written rental agreement must include a statement indicating to the tenant the
name and address of the person who is the landlord or the landlord's authorized
agent. If the identity of a landlord or a landlord's authorized agent changes,
the new landlord or authorized agent, not later than one business day after
such change, shall:

(a) 
Provide each tenant of the landlord written or electronic notice of the change;
or

(b) 
Post the identity of the new landlord or new authorized agent in a conspicuous
location on the residential premises.

(2.5)
(a) A written rental agreement must include a statement that section
24-34-502 (1) prohibits source of income discrimination and requires a
non-exempt landlord to accept any lawful and verifiable source of money paid
directly, indirectly, or on behalf of a person, including income derived from
any lawful profession or occupation and income or rental payments derived from
any government or private assistance, grant, or loan program.

(b) 
This subsection (2.5) does not apply to a landlord with five or fewer
single-family rental homes and no more than five total rental units including
any single-family homes.

(3) (a) 
A written rental agreement must not include:

(I) A
clause that assigns a penalty to a party stemming from an eviction notice or an
eviction action that results from a violation of the rental agreement;

(II) A
one-way, fee-shifting clause that awards attorney fees and court costs only to
one party. Any fee-shifting clause contained in a rental agreement must award
attorney fees to the prevailing party in a court dispute concerning the rental
agreement, residential premises, or dwelling unit following a determination by
the court that the party prevailed and that the fee is reasonable.

(III) A
waiver of:

(A) The
right to a jury trial; except that the parties may agree to a waiver of a jury
trial in a hearing to determine possession of a dwelling unit;

(B) The
ability to pursue, bring, join, litigate, or support any kind of joint, class,
or collective claim or action arising from or relating to the term of the
tenancy;

(C) The
implied covenant of good faith and fair dealing;

(D) The
implied covenant of quiet enjoyment; except that a written rental agreement may
provide that the landlord is not responsible for any violation of the implied
covenant of quiet enjoyment that is committed by a third party acting beyond
the reasonable control of the landlord; or

(E) 
Mandatory mediation required pursuant to section 13-40-110 (1);

(IV) A
provision that purports to affix any fee, damages, or penalty for a tenant's
failure to provide notice of nonrenewal of a rental agreement prior to the end
of the rental agreement, except for actual losses incurred by the landlord as a
result of the tenant's failure to provide any such notice required pursuant to
the rental agreement;

(V) A
provision that characterizes any amount or fee set forth in the rental
agreement, with the sole exception of the set monthly payment for occupancy of
the premises, as "rent" for which all remedies to collect rent,
including eviction, are available. Such amounts and fees include any fees for
utilities or services and any other charge that is not rent.

(VI) A
provision that requires a tenant to pay a:

(A) 
Markup or fee for a service for which the landlord is billed by a third party;
except that a written rental agreement may include a provision that requires a
tenant to pay either a markup or fee in an amount that does not exceed two
percent of the amount that the landlord was billed or a markup or fee in an
amount that does not exceed a total of ten dollars per month, but not both.
This subsection (3)(a)(VI) does not preclude a prevailing party from recovering
an amount equal to any reasonable attorney fees awarded by a court pursuant to
subsection (3)(a)(II) of this section; or

(B) 
Fee, charge, or amount that violates any part of section 6-1-737;

(VII) A
provision that purports to allow a provider operating under any local, state,
or federal voucher or subsidy program to commence or pursue an action for
possession based solely on the nonpayment of utilities; or

(VIII) 
A clause that allows a landlord to recoup any costs associated with mandatory
mediation required pursuant to section 13-40-110 (1).

(b) Any
provision that is included in a written rental agreement in violation of this
subsection (3) is void and unenforceable.

(3.5)
(a) In addition to other prohibited clauses described in subsection (3)(a)
of this section, if a rental agreement is terminated before the end of the term
of the rental agreement due to the death of a tenant under the rental
agreement, a clause in the rental agreement that requires any of the following
is void and unenforceable:

(I) The
payment of liquidated damages;

(II) 
The acceleration of rent for a period that is beyond the end of the month or
more than ten business days after the dwelling unit is vacated after notice to
the landlord of the death of the tenant, whichever is later;

(III) 
The payment or refund to the landlord of any concessions or move-in discounts;
or

(IV) 
The payment of any other fee, damages, or penalty assessed as a result of the
early termination of the rental agreement.

(b) A
landlord may take possession of the dwelling unit without filing an eviction
action or otherwise obtaining a court order if:

(I) The
personal representative of the tenant's estate notifies the landlord of the
surrender of the premises; or

(II) 
Thirty days after the death of the tenant:

(A) 
Rent remains unpaid; or

(B) 
Substantially all of the tenant's property has been removed.

(c) If
the death of a tenant results in damage to the property, the landlord may
retain a security deposit or associated damages deposit sufficient to cover
costs related to the damage caused by the death of the tenant.

(4) 
Notwithstanding any provision of this section to the contrary, subsections
(3)(a)(III)(A), (3)(a)(III)(C), (3)(a)(III)(D), (3)(a)(IV), (3)(a)(V),
(3)(a)(VI), and (3)(a)(VII) of this section do not apply to a rental agreement
concerning the occupancy of a mobile home, as defined in section 38-12-201.5
(5), in a mobile home park, as defined in section 38-12-201.5 (6).

(5) 
Nothing in this section limits or restricts any rights or remedies that are
available elsewhere in law, including under the "Mobile Home Park
Act", part 2 of this article 12, or pursuant to any judicial
interpretations of the "Mobile Home Park Act".

(6) 
Nothing in this section excludes utilities from being considered as rent for
the purpose of calculating housing costs that are eligible for reimbursement or
payment under any local, state, or federal voucher or subsidy program.

(7) As
used in this section, unless the context otherwise requires:

(a) 
"Accessory dwelling unit" means an internal, attached, or detached
residential dwelling unit that:

(I) 
Provides complete independent living facilities for one or more persons;

(II) Is
located on the same lot as a proposed or existing primary residence; and

(III) 
Includes provisions for living, sleeping, eating, cooking, and sanitation.

(b) 
"Dwelling unit" has the meaning set forth in section 38-12-502 (3).

(c) 
"Rent" means any money or other consideration to be paid to a
landlord for the right to use, possess, and occupy a dwelling unit.

(d) 
"Rental agreement" has the meaning set forth in section 38-12-902
(3).

(e) 
"Residential premises" has the meaning set forth in section
38-12-1202 (5).

(8) 
Notwithstanding any provision of this section to the contrary, subsections
(3)(a)(III), (3)(a)(IV), (3)(a)(V), (3)(a)(VI), and (3)(a)(VII) of this section
do not apply to a duplex or triplex or to an accessory dwelling unit of a
residential premises if:

(a) The
owner of the duplex, triplex, or residential premises uses the residential
premises or at least one of the units of the duplex or triplex, as applicable,
as the owner's primary residence; or

(b) The
owner's primary residence is on the same lot as the duplex, triplex, or
residential premises.
Source: Legislative text reproduced verbatim
Plain English

Colorado Revised Statutes § 38-12-801 establishes a comprehensive set of rules governing written residential rental agreements in Colorado. Landlords must deliver a fully signed copy of any written lease to the tenant within seven days of the tenant's signature, either electronically or in paper form upon request. The statute also lists numerous clauses that are flatly prohibited from appearing in any covered rental agreement — including one-sided attorney-fee provisions, waivers of jury trial rights or class-action rights, penalties tied to eviction proceedings, and provisions that mislabel non-rent charges as 'rent.' Any prohibited clause that does appear in a lease is automatically void and unenforceable, and special protections apply when a tenancy ends due to a tenant's death.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under Colo. Rev. Stat. § 38-12-801, compliant property operators deliver a fully executed copy of every written lease to the tenant within seven calendar days of the tenant's signature, in the tenant's preferred format (electronic or paper). Operators review their lease templates to ensure they do not contain any of the clauses prohibited by § 38-12-801(3) — such as one-way fee-shifting provisions, eviction-related penalty clauses, waivers of the implied covenant of quiet enjoyment or good faith and fair dealing, or provisions that label utility fees as 'rent.' Landlords who own a duplex, triplex, or accessory dwelling unit and use the property as their primary residence, or who have five or fewer single-family rentals, should note that certain subsections of § 38-12-801 contain targeted exemptions that may affect which requirements apply to their specific property type.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 38-12-801 gives Colorado residential tenants the right to receive a signed copy of their written lease within seven days of signing it, and to request that copy in paper form rather than electronically. The statute also voids a wide range of lease clauses that landlords are prohibited from including — such as waivers of jury trial or class-action rights, one-sided attorney-fee provisions, and fees or penalties tied to eviction notices — meaning those clauses cannot be enforced against a tenant even if they appear in a signed agreement. Tenants who believe a lease contains a prohibited clause, or who have not received a required copy of their agreement, may wish to consult a tenant-rights organization, contact a local legal aid office, or raise the violation as a defense in any court proceeding involving the rental agreement.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 24-34-502
Not yet ingested
Colo. Rev. Stat. § 13-40-110
Not yet ingested
Colo. Rev. Stat. § 6-1-737
Not yet ingested
Colo. Rev. Stat. § 38-12-201.5
Not yet ingested
Colo. Rev. Stat. § 38-12-502
Not yet ingested
Colo. Rev. Stat. § 38-12-902
Not yet ingested
Colo. Rev. Stat. § 38-12-1202
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 28
Waivers of Secs. 23 to 27 void and unenforceable
§ 966.6
§ 966.6 Prohibited lease provisions.
§ 12
Stay of proceedings; validity of waiver in lease

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