Asked in Landlord - Tenant for Colorado

Q: In Colorado, if a landlord sends an addendum to a lease via email and it's confirmed/ approved, is that legally binding?

A landlord sent me an email with an addendum to my lease (requiring 60 days notice). I confirmed it in my email response, but there wasn't anything else signed. Is that still legally binding?

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In Colorado, electronic communications, such as emails, can form part of a legally binding contract, including lease agreements and addenda, provided they meet certain criteria. The key elements are the intention to form a contract, agreement on the terms, and exchange of consideration (something of value). If your email response to the landlord clearly confirmed agreement to the terms of the addendum, it could be considered as assent to those terms, making them part of your lease contract.

However, the specifics of your situation matter greatly. It's essential to review the original lease agreement to see if it specifies how modifications can be made. Some leases require that any amendments be made in writing and signed by both parties. If the lease does not specifically address electronic communications or if the addendum significantly changes the terms, the situation could be more complex.

It's advisable to seek legal advice to understand fully how the law applies in your case. A legal professional can offer guidance based on the details of your situation and the specific laws in Colorado. They can help determine whether your email exchange constitutes a binding amendment to your lease.

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