1. (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:

   1. (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
   2. (b) The tenant has the requisite skills to perform the work required to comply with section 38-12-503 (1).
2. (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. (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.

Source: L. 2008: Entire part added, p. 1823, § 3, effective September 1. L. 2019: Entire section R&RE, (HB 19-1170), ch. 229, p. 2309, § 5, effective August 2. L. 2023: (3) added, (HB 23-1254), ch. 169, p. 827, § 5, effective May 12.

Cross references: For the legislative declaration in HB 23-1254, see section 1 of chapter 169, Session Laws of Colorado 2023.