U.S. Department of
Housing and Urban Development
http://www.hud.gov/local/co/renting/tenantrights.cfm
The following information has been compiled to help
landlords and tenants avoid or resolve rental-housing disagreements. This
information should not be substituted for legal advice from attorneys or other
qualified advisors. In addition, the Colorado Revised
Statutes, section 38-12-101 and 13-40-101 may be referenced.
A lease (a written rental agreement) sets up the rules
between the tenant and the landlord regarding the rental unit. A lease should protect both the
landlord and the tenant. Leases
can be set for any length of time, but most are for six months or one
year. Examples of other provisions
a lease sets forth are: identification of the leased property, number of
persons who are to reside in the unit, security deposit, rent amount, rent due date,
late penalty fee, utility responsibilities, yard care, trash removal, repair
responsibility, subleasing and whether pets are allowed. During the term of a lease, changes
cannot be made to the lease unless mutually agreed to by both the landlord and the
tenant. The landlord and the
tenant must sign the lease. If
there is something in the lease that you do not understand or agree with, DO
NOT SIGN IT until the issue is
resolved. Once the lease is
signed, both parties are bound to it.
A standard lease form can be obtained from a book or stationery
store. Provisions can be added to
these forms to meet any special needs.
If there is not a written lease and the rent is paid monthly, the
tenancy is considered month-to-month.
To protect both of you, make sure any agreements that are made that are not
part of the original lease, are put in writing no matter how much you trust
each other. If anything were to go
wrong, most judges will not even let Ňoral agreementsÓ be presented in court.
At the time of move in, a tenant should create a file in
which to keep important documents related to their rental housing. The file should contain receipts for
all deposits, the lease, a list of damages to the unit, monthly rent receipts
and any other documents that pertain to their rental housing. Before moving into a rental unit, it is
very important for the landlord and the tenant to examine the condition of the
rental unit. All existing damages
in the rental unit should be listed in writing and signed by both the landlord
and tenant. If the landlord agrees
to fix items, it should be specified on this document as well. This will avoid
untold arguments pertaining to the refund of the security deposit and
additional damage claims. If the
landlord will not sign the list of existing damages noted, then a neutral
witness should be present when the family inspects the rental unit. This witness can sign the existing
damage list.
Before moving out, both the tenant and landlord should
inspect the rental unit. Both
parties should sign a written statement of the condition of the unit. If the landlord refuses to inspect the
unit at move-out, then the tenant should obtain a neutral witness to check the
condition of the unit with them.
Again, both should sign a statement of the condition.
A security deposit, (a.k.a. damage deposit or cleaning
deposit) is a payment of money by a tenant to a landlord to cover damage or
cleaning of a rental unit. A
landlord cannot keep the security deposit to cover normal wear and tear. A landlord can keep all or part of the
security deposit to cover damage caused by the tenant's negligence, intentional
abuse or cleaning beyond normal wear and tear. A landlord can utilize small claims court to collect money
owed for damages that exceed the security deposit collected.
When a tenant leaves a rental unit, the landlord has 30 days
(unless stipulated differently in the lease) to return the security deposit or
send a written list of damages and the amount of money owed for repairs to the
tenant. The above must be sent to
the tenant's last known address.
If a security deposit is wrongly withheld, the tenant could receive a
judgment of three times of the amount wrongfully withheld, and court costs and
attorneysŐ fees. A tenant may utilize
small claims court for this purpose.
If a lease exists the rent is locked in for the term of the
lease. If there is not a lease, a
landlord can increase a tenant's rent by giving the following written
notice: 10 days written notice before
rent is due if rent is paid once a month; 3 days written notice before rent is
due if rent is paid weekly or semimonthly. Mobile Home Parks are required to give 60 daysŐ written
notice for rent increases on space when not protected by a lease for a longer
period of time.
The tenant has the right to peaceful enjoyment of the
property, but the lease can modify this right. Unless the lease provides
otherwise, the landlord does not have a right to enter the property without
permission of the tenant except to demand payment of rent or to make emergency
repairs. A tenant can sue a
landlord for violating the tenant's rights.
Under most circumstances, a landlord should not
"lockout" a tenant for any reason without a court order. The landlord may be held responsible
for interfering with the tenant's right to "peaceful possession"
until a legal court eviction. A
landlord who illegally locks out a tenant risks being sued for damages.
The only way a landlord can legally evict a tenant is by
going through the legal eviction process.
A landlord may evict a tenant for the following 3 reasons:
1)
Failure to pay rent on time. The
landlord must first give the tenant a written notice* demanding that the
tenants either pay the rent or move out within 3 days. If the tenant fails to pay or
move, the landlord may on the 4th day commence an eviction proceeding in county
court. The tenant may contest the
eviction, if the tenant thinks there are legal grounds, by filing an answer on
or before the time set by the court.
If the tenant fails to answer or appear on the date indicated in the
eviction papers, the tenant will then have 48 hours to vacate or be forcibly
removed by the sheriff's department.
2)
Breaking any terms of the lease. If the
tenant breaks any of the written or oral terms (remember, oral terms are hard
to prove in court) of the lease, the tenant may be evicted in much of the same
manner as nonpayment of rent. In
such cases, the landlord must give the tenant written notice of the lease
violation and 3 days to remedy the situation or move. If the tenant fails to comply or move, the landlord on the
4th day may commence eviction proceedings in county court.
3)
No reason. If the landlord wants to evict a tenant
at the end of the lease period, the landlord can do so without giving a reason,
but the landlord must give the tenant proper notice to leave. Notice to vacate must be served upon
the tenant in a specified number of days before the end of the rental
period. The length of the lease
period is determined within the lease.
If the lease does not state the rental term or a written lease does not
exist, the rental period is determined by the frequency of rental payments. For example, if the rent is due each
month, it is a month-to-month tenancy or lease. Notice to vacate requirements for rental lease periods is as
follows: 1 year or longer - 3
months, 6 months to 1 year - 1 month, 1 month to 6 months - 10 days, 1 week to
1 month - 3 days, and less than 1 week - 1 day. If the tenant fails to leave, the landlord, again, must
follow the procedures set forth above.
Habitability is the condition of a building in which
inhabitants can live free of serious defects that might harm their health and
safety (example - a lack of running water or heat adversely effects the
apartment habitability). A
Colorado Revised Statute does not exist covering this type code. There are a number of communities,
which have habitability codes, for more information check with the Community
Development Planning Office within the city where you reside.
Written notice should contain the following: 1) the date, 2)
the address of the rental unit, 3) the dollar amount of the rent owed or the
lease violation, 4) the tenantŐs options of paying the rent or complying with
the lease within three days or vacating the unit, 5) the notice must be signed
by the landlord or the agent for the landlord, 6) if the tenant pays the full
rent owed and/or complies with other terms of the lease within 3 days, this
cancels the eviction, and 7) the Computation of Time law states that the 3-day
period begins the day after the notice is given, and the last day of the 3 days
cannot end on a Saturday, Sunday, or legal holiday.
If you need further assistance, contact Tenant Landlord
Counseling at (303) 237-0230 or Community Housing Services at (303) 831-1935.