Risk Report

Clause 14 states that you waive your right to a trial by jury for any dispute arising under this lease. Colorado added jury-trial waivers to the list of prohibited residential lease provisions under HB 23-1095 (C.R.S. § 38-12-801) — a landlord can’t make you give up that right as a lease condition.

The lease states that the $45 trash valet fee and $35 amenity fee are "deemed additional rent" and subject to the same remedies as unpaid rent, including eviction. Under C.R.S. § 38-12-801; HB 23-1095, only your set monthly occupancy payment can be treated as rent for eviction purposes.

Clause 22 states that you accept the unit "as-is" and waive any claim related to its condition or habitability. Colorado’s warranty of habitability cannot be waived or modified by agreement — C.R.S. § 38-12-503(5); SB 24-094 makes any such waiver void as against public policy.

This renewal lists $0.00 due at signing, but your file references an original security deposit of $3,500 held from your 2023 lease. Measured against your current $1,595 monthly rent, Colorado caps a security deposit at two months’ rent — $3,190 — under C.R.S. § 38-12-102.5. The $3,500 balance on file would exceed that cap.

The renewal states rent may be adjusted up to once per calendar quarter with 30 days’ written notice. Colorado limits residential rent increases to once every 12 months of consecutive occupancy under C.R.S. § 38-12-702(1), regardless of how the lease is written.

The lease lists a $450 pet deposit and describes it as non-refundable. Colorado caps an additional pet security deposit at $300 and requires it to be refundable under C.R.S. § 38-12-106(1); monthly pet rent is a separate, differently-capped charge.

The lease charges a $75 flat fee plus 5% of monthly rent if payment is even 3 days late. Colorado caps a late fee at the greater of $50 or 5% of the past-due rent amount, and prohibits charging any late fee until rent is at least 7 calendar days late, under C.R.S. § 38-12-105(1)(a)-(b); SB 21-173.

This renewal lists a $0.00 security deposit line right next to move-out charge language. Separately from whether the $3,500 balance on file complies with the 2-month cap above, Colorado’s deposit-accounting rules (C.R.S. § 38-12-103) still call for clarity on what is held and how deductions will be itemized at move-out.

This lease renews automatically unless you give written notice. Colorado’s automatic-renewal consumer-protection law (C.R.S. § 6-1-732) calls for renewal terms to be clearly disclosed and for a cancellation reminder before the lease renews for longer terms.