Can a Landlord Evict With Only a Verbal Lease in Colorado?

A landlord can evict a tenant with a verbal lease agreement in limited circumstances. These informal arrangements are most common among homeowners renting out a spare room to a trusted acquaintance, or where a formal lease lapsed and the tenancy continued. In my experience, informal agreements are convenient until the moment a landlord wants their property back.

Will your verbal lease agreement stand up in court? I’ll break down when oral leases are enforceable, how the courts manage to validate paperless agreements, and provide you with the strategies I’ve found help landlords turn an informal lease into a formal one. 

• In Colorado, oral leases for terms of less than one year are generally valid and legally binding. 

• Landlords with oral leases may qualify for certain legal exceptions in Colorado based on tenancy duration and business size. 

• If a tenant refuses to sign a new written lease that contains “reasonable” terms, a landlord can seek a “no-fault” end to the tenancy.

• Oral leases longer than a year may still be recognized by courts with sufficient evidence, but it’s advisable for landlords to obtain a formal agreement before this point is reached. 

There are two main factors that courts consider when determining if an oral lease agreement is enforceable in Colorado: 

1. how long the deal was set to last, and 

2. whether both parties’ actual behavior affirms that an agreement exists

Under Colorado law, an oral lease is recognized as a valid periodic tenancy the moment a landlord accepts rent. As long as the term of a verbal lease is less than one year, the state will generally treat these agreements as enforceable. The rules change, however, when a lease lasts more than a year. Under Colorado’s Statute of Frauds, verbal real estate agreements longer than a year must be in writing to hold up in court.  

Generally, the courts recognize that human memory becomes increasingly unreliable over time. That’s what makes operating on a verbal lease such a gamble—it’s rare that a judge will want to decide whether to grant an eviction based on diverging accounts of what happened and a faded memory. In short, casual arrangements are more likely to become major liabilities when you no longer qualify for certain exceptions according to state statute. 

In 2024, Colorado lawmakers updated existing statutes to require landlords of standard apartment complexes and corporate-owned buildings to have a specific, legally recognized cause to terminate a tenancy. If the landlord doesn’t have cause, they can end a tenancy by issuing a no-fault eviction.

However, for all-encompassing as these rules are, they come with caveats that small-scale landlords with informal verbal agreements can benefit from. For instance, “for cause” rules don’t apply to tenants who have:

• occupied a property for less than 12 months

• short-term rental agreements lasting 30 days or less

• occupied a homeowner’s basement or spare bedroom

• occupied a multi-family property (up to 3 units total) where the landlord also lives in or adjacent to the tenant’s unit

Effectively, in these specific owner-occupied or short-term scenarios, a landlord can terminate an agreement for any reason at the end of the term, provided they give the legally required notice. 

Required Notice Periods for Oral Lease Evictions

Landlords are still expected to follow the state’s highly regimented judicial process in order to regain possession of the property, even if they’re exempt from “for cause” or “no-fault” requirements. 

Under C.R.S. 13-40-107, notice must be in writing, state a legally recognized reason, and give the tenant time to cure or vacate, depending on how long the tenant has been there. 

Duration of Tenancy	Required Notice Period
One year or more	91 days notice
Six months or longer but less than a year	28 days
One month to less than six months	21 days
One week to less than one month	Three days
Less than one week	One day

You can’t file an unlawful detainer (FED) action in court until the notice period has expired. If you’re seeking to evict based on oral testimony, you should work with a Colorado eviction and landlord attorney to ensure you’re focused on the exclusions or legal causes applicable to your situation. Failing to follow proper notice steps is among the top reasons courts dismiss eviction cases. 

Validating the specific details of a verbal lease in a courtroom setting is notoriously difficult, as it’s heavily dependent on the length of the lease—particularly when the term exceeds the 12-month mark. 

Verbal leases for one year or less are fully legal and binding in Colorado. To validate one in a dispute, you must prove:

• Both parties agreed to the rental terms

• There was an exchange of value 

• Both parties acted as if the lease existed

Without written documentation, determining the fundamental facts necessary to facilitate an eviction can be near-impossible for a court and typically falls on the landlord. Still, there are legal options available for landlords who don’t have a written lease agreement with their tenant, even if they’re exceedingly rare. 

Under Colorado’s Statute of Frauds, any lease that lasts longer than one year must be in writing to be legally valid. Technically, there is one legal exception a landlord can explore when seeking judicial enforcement of an oral lease lasting one year involving the “part performance” doctrine.

Specifically, C.R.S. 38-10-110 states: “Nothing in this article shall be construed to abridge the powers of courts of equity to compel the specific performance of agreements in cases of part performance of such agreement.” In other words, a judge may agree to enforce a voided oral lease if the parties have behaved as if the agreement is valid. 

I should note that part performance isn’t a business strategy—it’s a legal shield that’s subject to a high burden of proof that must be determined before you can even seek an eviction. This is why the best path forward for landlords with an oral lease is to formalize the agreement as soon as you can. 

Enforcing an informal or oral lease agreement to evict a tenant will be an uphill battle. Our team can provide possible legal options to assist with this predicament. However, we also want to help you avoid this issue in the future by working with you to create a formal written lease. 

Here are some strategies I’ve used to help landlords turn their current verbal lease agreements into formal written contracts: 

• Provide a formal notice - Begin by giving the tenant a formal “Notice of Change in Terms.” Taking this step can minimize the tenant’s reaction when they receive a written lease agreement to sign because they are aware it’s coming. 

• Negotiate Condition of Continued Tenancy - Under Colorado law, you have legal cause to end a tenancy if a renter refuses to sign a new, written lease that contains “reasonable terms.” 

• Draft custom agreements - Have a member of my team write a custom lease for your tenant that complies with current Colorado statutory requirements and legal rules, based on the length of your previous oral agreement. 

While bringing up a written lease might feel like an awkward conversation, you can ease the transition by reminding your tenant that clear, written terms offer them the same sense of security and predictability it provides for you.

The transition from a casual verbal agreement to a formal written lease is one of the more meticulous aspects of property management that I frequently encounter in my practice. And yet it’s the single best way to protect your investment and your own peace of mind. 

Our Eviction & Landlord Team can help by: 

• Drafting a custom lease that meets all current Colorado statutory requirements that you’re less likely to get by relying on an online lease agreement generator.

• Coaching you on what to expect from the conversation with your tenant, as it involves a formal “Notice of Change in Terms” or through negotiations as part of continued tenancy.

• Applying legal rules and exceptions based on the length and circumstances of the oral agreement and tenancy, so that you can enforce the terms with confidence. 

Protect your investment. Call 303-688-0944 or book a consultation online to go over your oral lease eviction plan with an experienced eviction and landlord attorney. 

Can I evict someone if we never signed a lease?

Yes. An oral lease is generally valid for a term of less than one year, and the payment of rent establishes a periodic tenancy. However, you must still provide statutory notice and prove a “Legal Cause” under 2024 laws. 

How much notice do I need to give a month-to-month tenant?

It depends on the length of the tenancy and the reason for moving out. If you’re using the no-fault legal framework, a 90-day notice period is generally required, regardless of the length of tenancy. If you’re using a fault-based legal framework, a 10-day or 30-day notice may be required, depending on the tenant’s violation. If the tenant has been there between one and six months, you must provide at least 21 days’ notice before the end of the next term. For six months to a year, it’s 28 days. 

Can I just change the locks if the tenant refuses to leave?

No, changing locks is considered a “self-help” eviction, which is strictly prohibited under C.R.S. 38-12-510. Doing so can result in hefty statutory fines. You must file an Unlawful Detainer in court and have a Sheriff execute a Writ of Restitution to successfully evict.

What if the oral lease was supposed to last more than a year?

Under Colorado’s Statute of Frauds, leases longer than one year must be in writing. The terms of an oral lease for longer than that may be void. While exceptions exist, they’re exceedingly rare and require a high burden of proof to satisfy.