Cal. Civ. Code § 38-12-1305
No waiver of requirements by agreement.
Operative Text
A provision of a rental agreement or other agreement that purports to authorize or effectuate a waiver or modification of any provision of this part 13 is void and unenforceable.
Colorado Revised Statutes § 38-12-1305 establishes that any clause in a rental agreement—or any other agreement between the parties—that attempts to waive or alter the protections and requirements set out in Part 13 of the statute has no legal effect. The rule means that the rights and obligations created by Part 13 cannot be contracted away, regardless of what the written agreement says. Both parties are bound by Part 13's terms even if they have signed a document purporting to say otherwise.
Plain English — not legal advice.
Under § 38-12-1305, lease clauses that attempt to have tenants give up or modify any right or obligation established by Part 13 are automatically void, meaning they provide no protection to a property owner who relies on them. Compliant operators generally review their lease templates to ensure no provisions conflict with Part 13 requirements, since such clauses carry no legal weight and may signal broader compliance issues. Staying current with Part 13's requirements—rather than attempting to negotiate around them—is the approach consistent with Colorado law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 38-12-1305 means that even if a tenant signed a lease containing a clause that purports to waive Part 13 rights, that clause is unenforceable as a matter of Colorado law. Tenants who believe a landlord is relying on such a waiver clause to deny them Part 13 protections may raise the unenforceability of that clause as a defense in any relevant proceeding. Tenant-rights organizations and legal aid resources in Colorado can help individuals understand which Part 13 protections apply to their situation and how this provision might be relevant.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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