Are roommate agreements legally binding in Colorado?

Yes. A signed roommate agreement is considered a valid contract between roommates in Colorado, though not binding on landlords unless included in the lease.

Can a landlord enforce a roommate agreement?

No. The landlord is only responsible for enforcing the official lease, unless they've signed the roommate agreement or incorporated it.

Do I need my landlord’s permission to add a roommate?

Usually yes. Most Colorado lease agreements require landlord approval for new roommates. Always check your lease terms.

What can I do if a roommate does not pay their share of the rent?

If both are on the lease, the landlord can collect from either. If only one is on the lease, that tenant can seek payment in small claims court.

Where can I get help or find forms for rental agreements in Colorado?

You can find resources and forms on the Colorado Department of Local Affairs Rental Assistance page.

Must-Have Clauses for Your Colorado Roommate Agreement

Roommates, Subletting & Shared Housing Colorado published: June 21, 2025

Sharing a rental in Colorado can be rewarding, but it also brings challenges if expectations are not clear. A well-crafted roommate agreement acts as a safety net, setting clear responsibilities and reducing conflicts before they arise. For renters in Colorado, understanding what to include in such an agreement (and its legal standing) is crucial for a smooth and protected living arrangement.

Why Have a Roommate Agreement in Colorado?

While not required by law, a roommate agreement is a written contract between co-tenants that outlines each person's rights, responsibilities, and obligations in the rental property. It supplements your lease with the landlord, and clarifies expectations on everyday matters, often preventing disputes down the line.

Essential Clauses to Include in Your Roommate Agreement

Your agreement should be customized, but there are key areas every Colorado renter should cover:

Rent and Utilities: Specify each person's share of rent, how payments are made, and due dates. Include responsibility for utility bills and how costs are divided.
Security Deposit: State how much each person contributes to the deposit, and what happens if someone moves out before the lease ends.
Household Duties: Detail chores, trash responsibilities, and cleaning schedules.
Guest Policy: Set rules or limits on overnight guests and visitor conduct.
Quiet Hours and Noise: Agree on suitable quiet hours or expectations to respect everyone's comfort.
Personal Property: Define how shared and personal belongings are handled and protected.
Moving Out: Establish notice requirements, subletting rules, and how to handle finding replacement roommates if needed.
Conflict Resolution: Decide on a process for how disputes will be managed, such as mediation or a house meeting.

Having these sections in writing helps ensure everyone understands their role and the agreed-upon rules.

Understanding Legal Standing and Colorado Law

Colorado does not have a specific roommate law, but roommate agreements are considered private contracts. They are enforceable between roommates, though the landlord is not bound by them unless listed on the official lease. If a dispute arises, you may be able to resolve it in small claims court if necessary.

The key legislation governing tenancies in Colorado is the Colorado Revised Statutes, Title 38, Article 12 – Landlord and Tenant Law^[1].

The main governmental body handling rental disputes is the Colorado Department of Local Affairs (DOLA), Division of Housing.^[2] There is no specialized tenant tribunal; disputes often go to county court or small claims court.

Official Forms for Shared Housing and Subletting in Colorado

Summons and Complaint in Forcible Entry and Detainer (CRCCP Form 1A):
This form is used if a dispute between roommates escalates to the point of an eviction action (such as a roommate refusing to leave, and you are the leaseholder).
Summons and Complaint in Forcible Entry and Detainer - Official Form 1A
Example: If your roommate is not on the official lease, and after giving reasonable written notice, they refuse to leave, you could file this form at the county court.
Colorado Residential Lease Agreement: While there is no "roommate agreement" form provided by the state, you can use the standard lease agreement (available via DOLA) as a template and supplement it with specific roommate terms.
Colorado Housing Assistance and Sample Forms

Remember, a roommate agreement is not filed with a government agency, but having everyone sign it—and keeping a copy—can be vital if you ever need to prove your arrangement.

Roommate Rights and Tenancy Issues

Roommates not listed on the official lease ("occupants" or "subtenants") may not have the same rights as tenants. In Colorado, only those on the lease are legally responsible to the landlord. Roommates can still hold each other accountable through your signed agreement.

Tip: Always check your rental agreement. Some leases require landlord permission before adding roommates or subletting. Violating these terms could risk your tenancy.

Action Steps: Creating and Using Your Roommate Agreement

Discuss all important topics with your potential or current roommate.
Put everything in writing—each party should sign and date the agreement.
Keep a copy in a safe, accessible place for everyone involved.
Review and update your agreement if circumstances or the household changes.

If disputes arise that cannot be resolved, Colorado residents can access free mediation resources via the county or city, or file in small claims court for monetary issues under $7,500.

Frequently Asked Questions About Roommate Agreements in Colorado

Are roommate agreements legally binding in Colorado?
Yes, between roommates, a signed agreement is a valid contract. However, your landlord is only bound to the names on the lease.
Can a landlord enforce a roommate agreement?
No, unless the agreement is incorporated into your official lease or the landlord has signed it. Landlords enforce the terms of your lease, not private roommate contracts.
What happens if my roommate doesn’t pay their share of rent?
If both roommates are on the lease, the landlord may hold either or both tenants responsible. If only one is on the lease, that person is solely liable to the landlord, but may have a claim against the non-paying roommate through small claims court.
Do I need my landlord’s permission to have a roommate?
Usually yes. Most leases in Colorado require written landlord approval before adding or changing occupants. Always check your lease before inviting a roommate to move in.
Where can I find more information or sample forms?
Visit the Colorado Department of Local Affairs Rental Assistance page for information on rental rules and sample agreements.

Key Takeaways for Colorado Roommates

A roommate agreement protects everyone and prevents disputes.
Include clear details about finances, chores, guests, and more.
Remember, only leaseholders are legally liable to the landlord, but private agreements matter between roommates.

Taking the time to make a carefully written agreement helps all parties feel secure and sets the stage for successful shared housing.

Need Help? Resources for Renters in Colorado

Colorado Department of Local Affairs (DOLA), Division of Housing – Official housing help, rental rights, and sample forms
Colorado Legal Services – Free legal support for low-income tenants
Colorado County Courts – Filing forms or resolving roommate-related claims
Colorado Landlord and Tenant Law (CRS Title 38) – Read the full tenancy statutes