Resources for Landlords & Tenants

The following information has been compiled to help landlords and tenants avoid or resolve rental-housing disagreements. It is strongly recommended that an attempt be made by both tenants and landlords to initiate communication to work out differences before seeking outside help. If differences arise which the parties are not able to resolve, Mediation service via experienced neutral third party mediators is available to assist in resolving disputes between landlords and tenants or between roommates.

The information in this handbook does not constitute legal advice. There is no assurance that the laws have not changed or been amended.

This information is meant to serve only as a general guide and is not intended to be used as a substitute for seeking advice from an attorney or other qualified professionals. In addition, the Colorado Revised Statutes, section 38-12-101 and 13-40-101 may be referenced.

https://bouldercolorado.gov/services/landlord-tenant-and-roommate-resources

• Denver’s Landlord & Tenant Handbook
• Boulder Landlord & Tenant Handbook

Probably the most important advice to be given in resolving landlord/tenant disputes is that both parties read the lease carefully.

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 “oral agreements” be presented in court.
 
Be alert to clauses in written leases which require the tenant to give up certain rights such as a clause which allows the landlord to evict a tenant for nonpayment of rent without a three-day notice. A three-day notice is required by Colorado law and cannot be waived by a tenant. Other questionable clauses may only be determined unenforceable by a court. If any party has a question concerning the enforceability of a term of a lease legal advice should be sought from an attorney.

More Than One Tenant: Joint and Several Liability

When more than one tenant signs a lease for a particular residence, each tenant is responsible for all of the conditions of the lease. For example, each tenant is individually responsible for all of the rent and all of the damages regardless of the means the tenants use to divide the rent between them and regardless of which tenant actually caused the damage. This is called “joint and several liability.” If one person does not pay the rent, the other tenants are liable for payment of that person’s share or they are all subject to eviction for non-payment of rent. It is up to the other tenants, not the landlord, to collect from the non-paying tenant. By the same token, if one tenant damages the premises, the landlord may deduct the damages from the tenant who caused the damage, or the landlord may choose to deduct money from all of the tenants’ deposits. For better self-protection, it’s useful for tenants to execute a “roommate agreement” which spells out each tenant’s obligations to another, such as what portion of rent each will pay, responsibility for damages, division of payment for utilities, duration of the rental period, responsibility for finding a replacement tenant upon early termination, and payment of rent until a replacement is found. A roommate agreement is not binding on the landlord.

Move Out Resource

Who is responsible for cleaning up the property?
Unless specifically stated in the lease, the tenant is responsible to return the property in the state in which they found it, excluding normal wear and tear.

What is normal wear and tear?
Normal wear and tear includes deterioration of the premises that occurs during normal conditions. For example, paint may fade, electrical switches may wear out and break, pull strings on blinds my fray or break, carpet and tile may wear down.

These things happen even if the tenant cleans regularly and cares for the premises reasonably. Damage occurs from unreasonable use or accidents. Damage can include extreme build up of dirt, mold, etc., stains on carpets, and broken windows. Even intentional alterations to the premises are considered damage. For example, the tenant cannot leave large holes in the walls from shelving or hanging pictures, and cannot repaint the walls to significantly change the color. If a tenant wants to make changes to the premises that will remain after the tenant moves out, the tenant should do so only with the landlord's written permission.

The parties can, and in some states must, take steps to avoid disputes over damage. At the beginning of the lease term, the tenant should inspect the premises thoroughly and note all problems in writing on a check in/check out form. Both the tenant and the landlord should sign and date the list. At the end of the lease, the tenant should again inspect the premises with the landlord present, discuss any damage with the landlord, and check any problems found against the move in check list. The landlord is not required to be present to do a walkthrough together with the tenant.

The following , but by no means comprehensive, list is intended as a guide to reasonable interpretation of the differences between expected wear and tear from normal residential use and irresponsible or intentional actions that cause damage to a landlord's property.

Security deposits are regulated by Colorado law, Section 38-12-101, et seq., C.R.S. A security deposit, also called a damage deposit, is any advance or deposit of money used to secure the performance of the lease. This deposit may be retained by the landlord for the following: any unpaid rent or utility bills owed by the tenant; payment for damages to the premises beyond normal wear and tear; any cleaning the tenant agreed to in the lease; and any other breach of the lease causing financial damage to the landlord. “Normal wear and tear” is defined by Colorado statute to mean “that deterioration which occurs based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattel by the tenant or members of his household or their invitee or guests.” Examples of normal wear and tear include worn tracking in the carpet. Normal wear and tear does not include nail holes in the walls, stains on carpets, and mold on grout.

Return of Security Deposit

If the tenant has fulfilled all the terms of the lease (including giving the landlord proper notice, if required), has paid the rent in full and on time, has left no financial obligation to the landlord, and has caused no damage beyond ordinary wear and tear, the tenant is entitled to a full return of the security deposit. The tenant should collect the security deposit in person or leave a forwarding address with the landlord so that the landlord can return the deposit.

Colorado law requires that the landlord return the security deposit or send an itemized statement of the deductions and the balance of the deposit, if any, to the tenant within 30 days after termination of the tenancy. This time period may be extended up to 60 days if written in the lease. The landlord must either deliver or mail the full deposit or a statement of deductions and the balance of the deposit to the last known address of the tenant. If the landlord fails to provide a written statement of deductions and the balance of the deposit in full within the specified time period, the landlord forfeits his/her right to withhold any portion of the security deposit. However, the landlord retains the right to pursue damages by counter-claim against the tenant in a lawsuit for unpaid rent or for any of the charges he could have otherwise deducted from the damage deposit or any other financial obligation owed by the tenant. Treble damages may be ordered against the landlord in a lawsuit for a security deposit not returned within the required time period.

Withholding of Security Deposit

If the tenant vacates prior to the termination of the lease, or if the tenant never moves in but has signed a lease, or has given money to hold the unit, the landlord may apply the security deposit to the unpaid rent for the remainder of the lease term. Once an agreement is reached between the parties and a lease is signed, there is no time period in which parties have the opportunity to back out of the agreement.

The landlord may also charge for any damage to the premises, provided s/he furnishes the tenant with an itemized statement within the time period specified in the lease. In addition, if the landlord’s damages exceed the security deposit the landlord may sue the tenant to recover such damages.

Rent Liability for Early Move-Out

The landlord must make a reasonable effort to re-rent the premises if the tenant moves out early. The tenant may be responsible for rent until the premises are re-rented or until the lease expires. If the unit is re-rented for a lower amount, the tenant may be assessed the difference in the rent. The tenant may also be charged for the landlord’s reasonable costs of re-renting. It is important to look to the lease to see who is responsible for re- renting the unit.

Recourse for Withheld Security Deposit

If the landlord does not return the security deposit or does not send an itemized list of deductions within the required time period, or if the tenant disagrees with the deductions made by the landlord, the tenant should take the following steps:

• Attempt to negotiate with the landlord for the return of the security deposit.
• Send a letter to the landlord. This letter, called a “Seven-day Demand letter,” should state that the tenant will sue the landlord for three times the amount of the deposit withheld if the deposit is not returned to the tenant within seven days of the receipt of the letter. A template for this letter is available online. The letter must state:
  • the address of the prior rental premises,
  • the dates of the tenant’s occupancy,
  • the amount of the security deposit originally paid,
  • the tenant’s current mailing address, and
  • (if applicable) a statement by the tenant explaining any disagreement with charges withheld from the deposit.
  • The letter should be sent by certified mail, return receipt requested. The tenant may also send a copy via regular mail. The tenant should keep a copy of the letter and the certified mail receipt.
  • If the landlord returns the deposit in full or pays the tenant the disputed portion of the deposit within seven days of the landlord’s receipt of the letter, the matter is resolved.
• If the landlord does not return the deposit within the seven days, the tenant may sue the landlord to obtain the return of the security deposit. The tenant may request three times the amount of the deposit that has been withheld plus reasonable attorney’s fees and court costs. In court, the landlord may counterclaim against the tenant for any damages caused by the tenant. Note: Under most leases, the losing party in a court action is responsible to pay attorney’s fees for the winning party.
• Contact the Community Mediation Service to arrange to mediate an out-of-court settlement (303-441-4364). Mediation is often faster, less stressful, and cheaper than going to court. Trained, neutral mediators will help to facilitate a negotiation process that often results in agreements that both parties feel are fair and that are tailored to meet the needs of the individuals involved.

Division of Security Deposit in roommate situations

The landlord may divide the security deposit return equally among the tenants or may send the entire return amount to one tenant. It is helpful if the tenants agree in advance how the security deposit or its remaining balance is to be disbursed. A signed agreement to this effect should be presented to the landlord. Samples of Roommate Agreements are available through the Community Mediation Service (303-441-4364)..

Precautions to Prove the Condition of the Premises

Before the tenant moves into the premises, a list of all existing damages and necessary cleaning should be prepared and signed by all parties. If either party is unavailable or unwilling to do this, another person should witness the inventory, sign the list and then provide the other party with a copy of this list. In addition, it is best to take photographs of individual rooms and specific items to document their condition.

Upon moving out, the tenant should make an appointment with the landlord to accompany the landlord on a tour of the premises, listing damages or necessary cleaning. The tenant and the landlord should sign both copies of the list and keep a copy for their records. To minimize future disputes, if the landlord is unavailable or unwilling to do a walk-through, the tenant should have another person witness the condition of the unit and sign the list.

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). Every landlord is required to fulfill certain requirements that make the rental property fit for
human habitation. (Colorado Revised Statutes § 38-12-503). Visit Here for more information

Tenant's Personal Property

The landlord is not responsible for damage to the tenant’s personal property unless such damage was caused by his/her negligence. A tenant should purchase renter’s insurance to protect his/her personal property.

Fees for Late Payment of Rent

With respect to Senate Bill 21-173, the following items are of note:

• The lease may not contain a one-way fee-shifting provision that awards attorney fees and court costs only to one party
• Landlords cannot charge a late fee on past due rent unless such rent is late by 7 calendar days.
•  The late fee cannot be more than the greater of (i) $50 or (ii) 5% of the amount of the past due rent.
•  Other:
  • Landlords cannot evict a tenant for failure to pay a late fee.
  • Landlords cannot impose a late fee more than once for each late payment.
  •  Landlords cannot impose interest on a late fee.
  • Landlords cannot recover late fee amounts from a tenant’s rent payment unless such rent payment includes the late fee amount. 
    • In this scenario, if the tenant owes $50 for paying rent late the previous month, and then pays its rent for the next month but only includes the exact amount of its rent then due, Landlords cannot first deduct the $50 late fee still owed from that rent payment.

Landlord Lien

Colorado law provides that in certain situations a landlord may have a lien on some items of a tenant’s personal property for past due rent. Prior to taking such action, the landlord should seek legal advice from an attorney as s/he could be liable to the tenant for actual punitive damages if a lien is improperly exercised. If property has been seized, the tenant should document in writing the property taken as well as keeping all written notices received from the landlord. Whenever involved with the exercise of a landlord lien, whether as a tenant or a landlord, legal advice should be sought.

When Rental Property is Sold

When rental property is sold, the new owner is subject to all rental obligations of the previous owner unless the lease provides otherwise. The new owner may increase the rent or change the other lease terms only upon the expiration date of the existing lease.

Rent Increases

With respect to House Bill 21-1121, Landlords are prohibited from increasing rent more than 1 time in any 12-month period. There is no change to make in the lease form, but Landlords need to note it for purposes of Landlords rent schedule for tenancies going forward.

Subleases and Assignments

A sublease and an assignment are not the same thing. A sublease is a second contract between the landlord and a new tenant. It doesn’t relieve the original tenant from their obligations under the lease. For example, if a subtenant doesn’t pay rent the landlord may sue the original tenant, the subtenant, or both. The landlord may or may not require a new security deposit on a sublease.

An assignment is a contract between the landlord and a second tenant which relieves the original tenant of their obligation under the lease. If the second tenant doesn’t pay rent, the landlord may only sue that tenant. On an assignment, the landlord will almost always require a new security deposit from the second tenant.

Subleases and assignments may only occur with the landlord’s permission. Under Colorado law a landlord may not unreasonably withhold permission to sublet. Check your lease for a sublease or assignment clause.

Trespass By Landlord

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.

Lockout By Landlord

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.

For example forms and notices click here.

Colorado law implies a covenant of quiet enjoyment, and this protects tenants' privacy in principle. However, enforcement is difficult. A landlord may inspect, do repair work, or show the premises to prospective buyers without notice and at any time if the lease states that the landlord has retained the right to control, re-enter, or repair the premises. To protect this right, a tenant should negotiate with the landlord to include language in the lease assuring privacy and providing some notice in advance.

Most Leases spell out terms for entry by the landlord: "Resident shall permit owner/agent to enter the premises at reasonable times and upon reasonable notice for the purpose of making necessary or convenient repairs or reasonable inspections, or to show the premises to prospective residents, purchasers, or lenders. Entry may be made without prior notice only if owner/agent reasonably believes that an emergency exists, such as a fire or broken water pipe, or that the premises have been abandoned."      

If a tenant believes that the landlord is interfering with their right to privacy, the tenant should try to resolve the problem be negotiating an agreement with the landlord regarding entry, including reasons, times, and advance notice required. This negotiation may start with a clear letter identifying the problem. If an agreement cannot be reached the advice of an attorney should be sought or mediation can be requested through the Community Mediation Service.

If a lease provides a landlord the right of entry or the right to retain control of the residence, and the tenant denies entry, the landlord may begin eviction proceedings against the tenant. Threats, intimidation, and continued invasion of a tenant’s privacy need not be tolerated. If intrusions or tensions over showings persist, seek legal advice and mediation. 

There are no laws against a tenant replacing locks on the premises if a tenant wishes to prevent unreasonable visits by the landlord. However, the tenant will be liable for any damages, and the landlord can retain from the security deposit the cost for removal of locks. Before a tenant denies entry to a landlord for any reason, an attorney should be consulted.

Termination is the end of a tenancy and occurs at the end of the lease term or as a result of mutual agreement to terminate the lease prior to the end of the lease term.

Termination of the Lease for a Definite Term (or a one-year lease)

If a lease has a date of termination or a definite term and if there is no mention of a requirement to give notice of termination, then the lease expires and the tenant is responsible to leave the premises on the date or at the end of the term stated. The landlord is under no obligation to automatically renew the lease with the tenant.

If a lease does require that a tenant give notice of termination prior to the stated expiration of the lease, then the specified amount of notice must be given before a tenant is free and clear of his/her obligation.

Many leases contain hold-over clauses which allow the tenant to continue the tenancy on a month-to-month basis following the expiration of the initial term of the lease. The lease should be consulted carefully to determine all termination and hold-over provisions.

A landlord may not discriminate against a tenant on the basis of “. . . race, creed, color, sex, sexual orientation, gender variance, genetic characteristics, marital status, religion, national origin, ancestry, pregnancy, parenthood, custody of a minor child, or mental or physical disability of the individual or such individual’s friends or associates. . . .” Other than denial of housing to an individual, discrimination also includes charging different rents or deposits, requiring different lengths of lease, or establishing different lease conditions on the basis of the above-listed categories.
The Federal Fair Housing Act also prohibits discrimination. The terms of the Act may be utilized by private parties against landlords who discriminate.

Unless otherwise expressly agreed, there is an implied agreement in every lease for real property that the landlord will refrain from acts or omissions which interfere with the tenant’s right of peaceable enjoyment of the premises. If this implied agreement is breached by the landlord, either by act or by omission, resulting in the premises becoming legally uninhabitable, the tenant may vacate the premises, terminate the lease, and owe no further rent. The premises become legally uninhabitable when there is a disturbance of the renter’s possession by the landlord which renders the premises unfit for occupancy for the purposes leased. To exercise this remedy, the tenant may need to abandon the premises. Before the tenant is justified in moving out, the landlord must also have been given notice of the problem by the tenant and a reasonable time in which to remedy the situation. Only in extreme conditions may a tenant vacate the premises and stop paying rent. For example, where the heating and plumbing stopped functioning and the ceiling collapsed – the premises were found to be legally uninhabitable. This remedy should never be attempted without first talking to an attorney.

The legal term for eviction is “Forcible Entry and Detainer” (FED). Eviction occurs when the court enters an order for the tenant to vacate the property. This court order is enforceable only by the sheriff. It allows the sheriff to monitor the removal of the tenant and their property from the premises.

For more information on Evictions Click Here

In general, both parties should keep good records, including copies of notes, letters and photographs. Make all agreements specific, and keep them. Both parties should make an effort to talk to each other and try to understand each other’s point of view. Strive to make the landlord-tenant relationship work in a context of what is reasonable, fair and respectful of the needs of both parties.

If disagreements arise, every effort should be made to negotiate a settlement. Write down any agreements that are reached. If direct negotiation isn’t successful, mediation is often the next best alternative. Mediation is an assisted negotiation process in which a neutral mediator helps the parties communicate and listen to each other’s point of view, develop a list of issues to be resolved, and negotiate a settlement that meets both parties’ needs. Agreements reached in mediation are drawn up by the mediator and signed by the parties.