Is it necessary to have a written lease or rental agreement in Colorado?
It depends on where you live. Boulder has adopted an ordinance, Section 12-2-3, B.R.C. 1981, requiring a written lease in all situations in which the rental is for thirty days or more. The lease must be signed within 30 days of commencement of the rental, and the landlord must provide each tenant with a copy within 7 working days after all parties have signed or within 15 days after the date of signature by any tenant, whichever is sooner.
What about a signed move-in move-out inspection report?
A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.
Can the landlord charge a deposit?
Yes, the landlord has the right to charge a security deposit to secure the landlord against a tenant moving out after damaging the unit or without paying all of the rent. The landlord must, within 1 month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return the security deposit to the tenant, UNLESS the lease agreement specifies a longer period of time, but NOT to exceed 60 days. The landlord can make deductions from the security deposit for unpaid rent, abandonment of the premises, unpaid utility charges, cleaning contracted for by the tenant or for repairs due to damages to the premises, except for normal wear and tear. If the landlord makes deductions, s/he must provide the tenant with a written statement listing the exact reasons for the deductions, along with any balance remaining. If the landlord fails to provide a written statement in the allotted time, the landlord forfeits his/her rights to withhold any portion of the deposit.
The City of Boulder requires the landlord to pay simple interest on the security deposit.
When is the landlord allowed to increase the rent?
If a lease specifies the amount of rent to be paid, it cannot be raised during the lease period. However, after the lease expires, the lease may still control the rent amount. At the present time, under Colorado law there is no rent control. Once the lease has expired the agreed rent amount may change.
How can a lease be terminated?
A tenancy may be terminated by either party giving notice in writing, as follows:
(a) for tenancies of 1 year or longer, 3 months;
(b) for tenancies of 6 months or longer but less than 1 year - 1 month;
(c) for tenancies of 1 month or longer but less than 6 months - 10 days;
(d) for tenancies of 1 week or longer but less than 1 month, or for tenancies at will - 3 days;
(e) for tenancies of less than 1 week - 1 day.
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.
Can a tenant assign a lease or sublet the premises?
Subleases and assignments may only occur with the landlord's permission. Under Colorado law a landlord may not unreasonably withhold permission to sublet.
When is the landlord permitted to enter the premises?
There is no State law governing when or on how much notice the landlord can enter the premises. The landlord's right of access depends entirely upon what the lease provides. If the lease is silent on the issue, the tenant has exclusive rights to the leased premises during the leased term, and the landlord has no more rights to enter the leased property than does any stranger on the street.
However, most leases provide the landlord with some rights of entry. The level of entry depends entirely on the lease. Some leases provide that the landlord's can only enter after prior notice, or in the case of emergency. Other leases provide that the landlord may enter for various reasons without any notice at all.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for (i) nonpayment of rent, (ii) refusing to vacate the property at the end of the lease term or after it has been terminated, (iii) violation of a condition of the lease, (iv) criminal activity in the premises, (v) behavior which endangers the landlord’s property, any other tenants of the building or persons living on or near the premises, and (vi) public nuisance.
The landlord must first give the tenant a 3-day notice. If the tenant fails to cure the default in that time period, the landlord can go to court to try to obtain an eviction order. A landlord cannot evict without an eviction order, and the eviction order is only enforceable by the Sheriff. The landlord may not lock the tenant out of the premises, shut off the utilities or forcibly move the tenant or his/her possessions out of the building. Actions such as physical contact or intimidation should be reported to the police. If a tenant is locked out, the tenant may not force their way back into the premises. A tenant should seek legal advice prior to attempting to re-enter the premises on their own.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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