How to Transfer a Lease in Colorado: A Renter’s Guide

If you're a Colorado renter and need to move before your lease ends, you may be wondering if you can transfer your lease to another tenant. Whether you’re dealing with a job change, personal crisis, or opportunity elsewhere, it’s important to understand your options under Colorado leasing law. This guide explains how to transfer (assign) your lease or sublet your unit, which forms to use, the process, and your rights as a renter.

Understanding Lease Transfers and Subletting

In Colorado, a lease transfer (also called “assignment”) lets a new person take over your existing responsibilities under the lease. Another option is subletting, where someone else rents your place from you, but you remain responsible to your landlord. The exact process depends on your rental agreement and Colorado law.

What Does Your Lease Say?

First, carefully review your lease agreement. Some leases:

• Prohibit transferring or subletting entirely
• Allow it with written landlord permission
• Require use of a specific form or process

Colorado law (Colorado Revised Statutes Title 38 – Property Real and Personal) does not automatically grant renters the right to transfer or sublet. Most leases require landlord approval, but landlords cannot unreasonably refuse if the lease permits these actions.^[1]

Assignment vs. Subletting: What’s the Difference?

• Assignment: The new tenant takes over your lease completely. You’re typically released from future liability after the transfer.
• Subletting: You rent all or part of the space to someone else, but you’re still responsible for the lease and damages.

Each option has its pros and cons—assignment may be better if you need a full release from liability, while subletting can be useful for short-term arrangements.

Steps to Transfer (Assign) a Lease in Colorado

Here is a summary of the typical steps needed to transfer your lease:

• Review your lease agreement for transfer or assignment clauses.
• Find a replacement tenant (if allowed by your lease).
• Request landlord approval in writing for a lease transfer or sublet. Use all proper forms as noted below.
• Submit any new tenant applications the landlord requires (they may run background or credit checks).
• Sign the official assignment or subletting documents once the landlord approves.

Note: Your landlord may have a specific timeline for reviewing and approving requests—always check your lease and communicate clearly.

Official Forms for Lease Transfers in Colorado

• Request for Lease Assignment or Sublet (No Official Statewide Form): Colorado does not provide a standardized state form, so renters should use a written notice or agreement. Your landlord may have their own template. The notice should include:
• Your name and address
• Effective date of proposed assignment or sublet
• Name and contact of proposed new tenant
• See more details about property and lease laws (Colorado Revised Statutes Title 38)

Practical Example: You’ve found a qualified new tenant. You notify your landlord in writing and attach the new tenant’s application. If your landlord agrees, everyone signs an assignment agreement prepared by the landlord, and you move out with no further obligations if it’s a complete transfer.

Which Tribunal Handles Lease Disputes in Colorado?

The Colorado County Court handles most landlord-tenant disputes, including issues related to lease assignments and subletting.

Relevant Colorado Laws

• Colorado Revised Statutes – Title 38: Property Real and Personal

This legislation defines property and lease rights for both landlords and tenants, including lease modifications, transfers, and termination procedures.

FAQ: Transferring Your Lease in Colorado

1. Can I transfer my lease without my landlord’s permission?
   Usually not. Most Colorado leases require the landlord’s written approval before any transfer or subletting.
2. Is subletting the same as transferring a lease?
   No, subletting means you remain responsible for the lease even though someone else occupies the property, while a full transfer (assignment) passes responsibilities to the new tenant.
3. Can my landlord charge a fee for letting me assign my lease?
   Yes, landlords can charge a reasonable administrative fee if the lease allows it. Always check your rental agreement for specific terms.
4. What can I do if my landlord refuses to let me transfer the lease?
   If your lease allows transfers and the landlord is unreasonably refusing, you may file a claim in Colorado County Court for dispute resolution.
5. What rights do I have if I sublet but the subtenant doesn’t pay?
   If you sublet, you remain legally responsible for rent and damages. You may need to start an eviction or collection process against the subtenant.

Conclusion: Key Takeaways for Colorado Renters

• Colorado law generally requires landlord permission to assign your lease or sublet your unit.
• There is no official statewide form, so use written notice and check if your landlord provides a template.
• Understand the difference between subletting and assignment to best protect your rights and responsibilities.

Need Help? Resources for Renters

• Colorado Judicial Branch Self-Help – Forms, instructions, and rental dispute information
• Colorado Division of Housing: Tenant-Landlord Information – Rights, resources, and legal basics
• Colorado Government Directory – Find local renters assistance offices

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1. Colorado Revised Statutes, Title 38 (2023)

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