Breaking a lease in Colorado

If you are the tenant

• A tenant ends a month-to-month tenancy by signed written notice served at least 21 days before the end of a rental period; the notice must expire at the end of that period (C.R.S. § 13-40-107(1), (2)(c)). The Colorado courts' forms treat month-to-month as a 1-month tenancy needing 21 days, whatever the length of stay.

If the landlord ends it

• A landlord may end a month-to-month tenancy at the end of a rental period with 21 days' written notice; for residential premises this applies only to tenants of under 12 months and other premises exempt under § 38-12-1302 (C.R.S. § 13-40-107(1), (2)(c)).
• Since April 19, 2024, a landlord may not end the tenancy of a residential tenant of 12 months or more without a cause listed in C.R.S. § 38-12-1303; no-fault causes (demolition/conversion, substantial renovation, owner or family move-in, sale, refusal to sign a reasonable new lease, repeated late rent) require at least 90 days' written notice and end at the end of the lease term.

Written notice required: Yes. The notice must be written, describe the property and the exact termination date, and be signed by the party or its agent or attorney (C.R.S. § 13-40-107(3)).

• week-to-week, both: 3 days, ending with a rental period. A tenancy of one week to under one month (or a tenancy at will) ends with written notice served at least 3 days before the end of the period (C.R.S. § 13-40-107(2)(d)).

No statute releases a tenant who leaves a fixed-term lease early; the tenant is liable for the landlord's damages, measured by contract principles and reduced by the landlord's duty to mitigate (Schneiker v. Gordon, 732 P.2d 603 (Colo. 1987)). A tenant with a fixed term ending on a set date need not give notice to leave at the end (C.R.S. § 13-40-107(4)).

Landlord's duty to re-rent: Yes. The Colorado Supreme Court applies the contract duty to mitigate when a tenant abandons; ordinarily the landlord must use reasonable efforts to find a substitute tenant (Schneiker v. Gordon, 732 P.2d 603 (Colo. 1987), a commercial sublease case).

Lease-break fees: No general statutory cap on lease-break fees; the landlord's damages are limited by the duty to mitigate. For rental agreements entered into on or after September 1, 2025, if the lease ends early because a tenant dies, lease clauses requiring liquidated damages, rent acceleration beyond the end of the month (or 10 business days after the unit is vacated after notice of the death, whichever is later), repayment of concessions or move-in discounts, or any other early-termination fee or penalty are void (C.R.S. § 38-12-801(3.5), HB 25-1108 'Letty's Act').

• Domestic violence, sexual assault or stalking (C.R.S. § 38-12-402(2))

  A victim-survivor of unlawful sexual behavior, stalking, domestic violence or domestic abuse who intends to vacate due to fear of danger may end the lease and move out.

  Proof:

  Written notice plus at least one of: a self-attestation affidavit, a letter from a qualified third party (e.g., victim-service provider, attorney, social worker, medical or mental health professional, faith leader), a police report from the prior 120 days, or a valid protection or restraining order.

  What you still owe:

  At most one month's rent after vacating, due within 90 days, and only if the landlord documents economic damages within 30 days; none if another tenant remains on the lease.

• Unit unlivable or landlord fails to repair (C.R.S. § 38-12-507(1)(a)-(b))

  If a breach of the warranty of habitability is not fixed, or recurs within six months, the tenant may end the lease on written notice.

  Notice:

  10 days, in writing

  Proof:

  Written notice (10 to 60 days) stating the unrepaired condition, intent to terminate, and a termination date at least 10 days out.

  What you still owe:

  No liability or financial penalty.

• Landlord harassment or illegal entry (C.R.S. § 38-12-509(2))

  If a landlord retaliates against a tenant, the tenant may end the lease.

  Proof:

  Proof that the tenant's protected activity was a motivating factor in the landlord's action.

  What you still owe:

  Tenant may also recover up to three months' rent or three times actual damages, plus attorney fees.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• C.R.S. § 13-40-107 sets notice by the length of the tenancy term itself (1 year or longer: 91 days; 6 months to under 1 year: 28 days; 1 month to under 6 months: 21 days; 1 week to under 1 month, or tenancy at will: 3 days; under 1 week: 1 day). A month-to-month tenancy takes 21 days; the 91-day and 28-day notices apply to non-renewal of fixed terms of that length.
• No Colorado statute was found giving state military members a lease-termination right beyond federal SCRA.
• If a lease ends early because a tenant dies, lease clauses requiring liquidated damages, rent beyond the end of the month or 10 business days after the unit is vacated following notice of the death (whichever is later), repayment of concessions, or any other early-termination fee are void (C.R.S. § 38-12-801(3.5)).

• Write a Colorado notice to vacate
• Colorado security deposit law: getting your deposit back after you move

• C.R.S. § 13-40-107 (Colorado Revised Statutes 2024, Title 13) Retrieved October 13, 2026.
• C.R.S. §§ 38-12-402, 38-12-507, 38-12-509, 38-12-1302, 38-12-1303 (Colorado Revised Statutes 2024, Title 38) Retrieved October 13, 2026.
• Schneiker v. Gordon, 732 P.2d 603 (Colo. 1987) Retrieved October 13, 2026.
• Colorado Judicial Branch Form JDF 99B (notice to quit / notice periods) Retrieved October 13, 2026.
• HB 25-1108 (Letty's Act), enrolled, C.R.S. § 38-12-801(3.5) Retrieved October 13, 2026.
• C.R.S. §§ 38-12-402, 38-12-801 (Colorado Revised Statutes 2026, Title 38) Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.