Cal. Civ. Code § 38-12-506
Exception for certain single-family residences.
Operative Text
(1) For a single-family residence premises for which a landlord does not receive a subsidy from any governmental source, a landlord and tenant may agree in writing that the tenant is to perform specific repairs, maintenance tasks, alterations, and remodeling necessary to comply with section 38-12-503, subject to the following requirements: (a) The agreement of the landlord and tenant is entered into in good faith and is set forth in a writing that is separate from the rental agreement, signed by the parties, and supported by adequate consideration; and (b) The tenant has the requisite skills to perform the work required to comply with section 38-12-503 (1). (2) To the extent that performance by a tenant relates to a characteristic set forth in section 38-12-505 (1), the tenant assumes the obligation for the characteristic, and the lack of the characteristic does not make the residential premises uninhabitable. (3) Notwithstanding subsections (1) and (2) of this section, a landlord and tenant shall not enter into an agreement for the repair, maintenance, alteration, remodeling, or remediation of a residential premises that is necessary to comply with section 38-12-503 that would endanger the health or safety of the tenant.
Colorado Revised Statutes § 38-12-506 creates a limited exception to the general rule that landlords must maintain rental properties in habitable condition. For unsubsidized single-family homes only, a landlord and tenant may shift certain repair and maintenance responsibilities to the tenant through a separate, signed written agreement supported by adequate consideration — but only if the tenant has the skills needed to do the work. Critically, no such agreement may cover work that would endanger the tenant's health or safety, and this exception does not apply to government-subsidized housing.
Plain English — not legal advice.
Under § 38-12-506, operators of unsubsidized single-family rental homes have the option to negotiate repair and maintenance responsibilities with a tenant, provided the arrangement is documented in a standalone written agreement — separate from the lease — that is signed by both parties and backed by real consideration. Compliant operators verify that the tenant genuinely possesses the skills required for any assigned work and never include tasks that could endanger health or safety in such an agreement. Because this exception is narrow and condition-specific, operators generally keep clear records showing the agreement was entered into in good faith and that the property does not receive any governmental subsidy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 38-12-506 gives tenants in unsubsidized single-family homes the ability to voluntarily take on certain habitability-related repairs through a written side agreement, but the law also sets firm limits that protect tenants: the agreement must be separate from the lease, supported by consideration, and cannot require work that endangers health or safety. Tenants should be aware that if such an agreement is in place, they may assume responsibility for the covered conditions, meaning those conditions would not automatically render the premises uninhabitable under Colorado law. Tenants who believe an agreement violates these requirements — for example, because it covers hazardous work or was not properly documented — may wish to consult a tenant-rights organization or legal aid provider familiar with Colorado habitability law.
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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