Colorado commercial landlord-tenant law reflects a balanced approach, relying heavily on freedom of contract while imposing specific statutory procedural requirements that protect both parties in disputes. Commercial tenancies are not covered by the Colorado Warranty of Habitability (C.R.S. Section 38-12-503), which applies only to residential properties. Commercial lease relationships are governed by common law, lease contract terms, and the Colorado eviction statutes under C.R.S. Title 13, Article 40.
Colorado's Forcible Entry and Detainer (FED) statute provides a fast-track eviction process that can resolve commercial possession disputes in as few as two to three weeks. The state explicitly prohibits self-help commercial evictions — landlords who bypass the FED process expose themselves to significant statutory and tort liability. Denver and other Front Range municipalities do not impose a commercial rent tax, though landlords and tenants must navigate complex local sales and use tax structures on certain commercial activities.
Provides the exclusive and expedited judicial procedure for commercial evictions in Colorado, requiring mandatory notice periods before filing in County Court.
View statute →Defines the specific notice periods required for different types of commercial lease defaults and terminations before a FED action may be filed.
View statute →Applies exclusively to residential rental agreements and is explicitly inapplicable to commercial leases, confirming the contract-driven nature of commercial tenancy obligations.
View statute →| Type | Period | Details |
|---|---|---|
| Nonpayment of Rent | 10 days | Under C.R.S. Section 13-40-104(1)(d), a commercial landlord must serve a 10-day written Demand for Compliance or Right to Possession for nonpayment of rent before filing a FED action. |
| Lease Violation (Non-Monetary) | 10 days | A 10-day notice to comply or vacate is required for material non-monetary lease violations before a landlord may initiate Forcible Entry and Detainer proceedings. |
| Month-to-Month Termination | 21 days | Under C.R.S. Section 13-40-107, at least 21 days' written notice prior to the end of the rental month is required to terminate a month-to-month commercial tenancy. |
| Year-to-Year Tenancy Termination | 91 days | To terminate a year-to-year commercial tenancy in Colorado, at least 91 days' prior written notice before the lease anniversary date is required. |
No statutory audit rights; all audit provisions must be negotiated in the lease.
Colorado provides no statutory mechanism granting commercial tenants the right to audit landlord CAM or operating expense reconciliations. The audit right, look-back period (typically 1–2 years), auditor qualification requirements, cost-sharing provisions, and landlord record retention obligations must all be specified in the lease. Colorado commercial leases in the Denver metro market frequently include audit rights in institutionally negotiated agreements, making the presence or absence of such a clause a significant abstraction data point.
Disclaimer: This page provides general information about commercial landlord-tenant law in Colorado. It is not legal advice. Laws change frequently and local ordinances may impose additional requirements. Consult a licensed attorney in Colorado for guidance specific to your situation.
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