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Colorado Statutes DISCLAIMER: The information here is believed accurate, but should always be confirmed with a local legal resource of your choosing. Click on the items below to go directly to a topic or click here to download a PDF copy of the entire document. Unlawful Detainer, Evictions
[Note: Subsections (2) and (3) have been repealed.]
Q: What If My Employer Transfers Me In The Middle Of My Lease? What Are My Rights and Obligations in Colorado? A: There are no laws in Colorado addressing such early termination of lease due to employers or military transfers. Two general rules apply: [1] a tenant who moves out early or "breaks lease" remains liable for such charges as are stated in the lease, in addition to unpaid rent to the end of the term of the lease; however, [2] legal obligation to continue paying rent terminates at such time as landlord re-rents the apartment or premises to a new tenant. A landlord is obligated by law to mitigate (lessen) his or her damages by using reasonable efforts to re-rent the premises as soon as possible and may not collect "double rent" , i.e., collect rent from both outgoing tenant as well as new tenant.
A: If you have no current lease, and are on a month-to-month tenancy, the landlord can terminate the tenancy either for unpaid rent, or for any reason landlord may have to regain possession. For unpaid rent, tenant must be served at any time with a written 3-day notice signed by the landlord or his agent, in which case you must cure the unpaid rent within the three days, or otherwise landlord can sue to evict you. If rent is not an issue, similarly a notice to vacate must be served upon tenant not less than 10 days immediately prior to the next rent payment date. There is no cure for the 10-day notice to vacate. If you do have a lease, you can only be evicted for non-payment of rent or some violation or breach of one or more of the terms of the lease itself, or any written amendment. In either case, a notice of 3 days must be served upon you, as explained above, allowing you the three days to pay arrears in rent, or to correct the violation or breach. This notice must specify the grounds the landlord relies on for the eviction, describing the same, and the time when the property shall be vacated. In computing the three days time, the first day is excluded and the last day is included, unless it falls on a weekend or legal holiday, in which case it is extended to the next business day. Service of the 3-day notice or the 10-day notice is done by either handing the notice to you personally, or a member of your family over the age of fifteen years "residing on or in charge of the premises"; or if no one is on the premises at the time, by "posting" (taping to the front door or inside) the notice in some conspicuous place on the premises. The notice need not be notarized. After the 10 days pass, or the 3-days pass with the rent still unpaid or the violation uncorrected, the landlord is free to file a formal eviction proceeding in the county court where the property is located. Under no circumstances, can a landlord physically move you out or remove your belongings, until or unless, the court has first issued judgment for possession in favor of the landlord, and 48-hours later, he enlists the aid of the local sheriff under a writ of restitution issued by the court. The tenant will be served a copy of the landlord's Complaint, along with a Summons issued by the clerk of the court stating the court hearing date when the tenant may appear if a defense is to be made. A copy of a blank form of Answer is included which the tenant can fill out, sign and return to the court at or before the hearing date. See the complete statute under UNLAWFUL DETAINER--EVICTIONS.
A: The Colorado Security Deposit Act, [see SECURITY DEPOSITS] obligates a landlord to return the security deposit or give a written accounting letter listing the specific charges for which he retains it, refunding whatever, if any, is left over. This must be done within one month, unless a lease provides for longer--but never longer than sixty days. Failure to comply with this law can impose serious penalties on the landlord--including a possible treble damage claim by tenant. No charge for "normal wear and tear", as defined in the Act, can be charged by a landlord against a security deposit. If the required accounting letter is not mailed within the month or sixty-day period, the landlord may no longer charge any amounts of rent or damages against the security deposit. Any claim and court action the landlord has for unpaid rent and damages against the tenant must then be made separately; but the tenant is entitled to full refund of the security deposit. After the month or sixty days time has passed without accounting or refund, the landlord loses all claim to the deposit and tenant can sue in Small Claims Court or other suitable court to get it back. Tenant may also seek triple damages for unlawfully or willfully keeping the deposit. Before asking the court to award three times the security deposit and filing the lawsuit, tenant must send, by certified or registered mail, return receipt requested, a letter to the landlord, telling him or her, that if the withheld deposit is not paid within 7 days, the tenant will file an action in court (usually the Small Claims Court if the amount does not exceed $7,500) and ask for return of the deposit and also may claim treble the amount of the deposit should the judge hold that the withholding was unlawful or willful. The tenant, then, has one year within which he or she can sue the landlord. It is recommended that all accounting or demand letters be mailed certified or registered mail (for proof of mailing) and return receipt requested (for proof that it was received or refused).
A: Normally, a landlord rents the property on an "as is" basis. However, he may agree to certain repairs at move-in time and this agreement should be in writing and signed by the landlord; verbal agreements are hard to impossible to prove in court. The doctrine of "Caveat Emptor" (buyer beware) is at work in this area. A move-in "walk through" where both tenant and landlord make written, note of the general condition of the property is a good start --especially where there are damages before tenant takes possession. A similar move out "walk through" is advised when the tenant is ready to vacate the property. If things breakdown or need maintenance after tenant has moved in, again,
unless the landlord has committed himself in writing or the lease requires
him to make repairs or maintain, there is little a tenant can do other
than try to sue the landlord. There is no state law requiring landlord
to make repairs or maintain. However, the state of repairs may be in violation
of applicable city or local Building Codes, or has seriously interfered
with the tenant's right to "Quiet Enjoyment"; it may be so bad
that tenant can claim the condition has interfered with his or her right
of "Quiet Enjoyment" of the rented premises, or in more severe
cases, tenant can claim Constructive Eviction. See more on "quiet
enjoyment" and "constructive eviction" explained below.
A: While Colorado does not warrant general livability in rented property, the Appeals Court has ruled that in every lease, there is an implied "Covenant of Quiet Enjoyment". If the rented property is so badly in need of repairs or general maintenance, as to seriously violate this covenant, the tenant claim "Constructive Eviction" and abandon the property and terminate the lease, or remain and sue for damages, despite the lease. However, the courts are reluctant to award judgment for Constructive Eviction unless the repairs or maintenance problems are fairly severe. A Denver judge has made a distinction between an apartment or house that is "uncomfortable" as contrasted to "uninhabitable", permitting judgment in favor of the tenant only for the latter. This area, too, can be extremely troublesome. There is no statute to give guidelines as to when constructive eviction applies. The full facts must be explored before a tenant can be advised. We suggest that you call us, at (303) 237-0230 or seek legal advice before taking action.
A: A lease is a legal contract between a landlord and one or more tenants, in which the property owner (landlord) agrees to permit the lessee (tenant) to occupy the property for a stated period of time, in exchange for the tenant paying periodic rent. It is binding upon both parties and spells out the various rights and obligations on both sides. The landlord can look to one or both of the tenants on the lease, if there is to be more than one tenant, for payment of rent. Unless a court finds the lease void or unenforceable, it will enforce the terms of the lease. A lease must be in writing and signed by all parties. Specific provisions, such as who pays for the utilities etc. should be discussed and added to the lease before signing it. If there are more than one tenant on the lease, both are jointly and severally (equally) liable for rent and other charges stated in the lease; if one tenant moves out, the remaining tenant is still obligated to honor the lease for the duration of its term, unless he or she agrees to a new lease with the landlord. A roommate agreement is an agreement in which a tenant agrees with one or more roommates, to share space as well as the payment of rent and other expenses imposed by tenant's lease in the rented unit, provided, such sharing is authorized in the original lease or otherwise in writing by the landlord The roommate is responsible only to the roommate-tenant, unless the lease or landlord's agreement provides otherwise. On occasion, the "tenant" is also the owner of the property. The main difference between a lease and a roommate agreement is that with a lease, the tenant is sole occupant of the apartment or house and is solely responsible for the rent and other charges. With a roommate agreement, it is between the tenant and roommate(s) to share the occupancy as well as the obligation to pay rent and other charges. However, there is no contract directly between the original landlord and the roommate in most cases, but landlord's permission, in the original lease or other writing, must always be obtained. A roommate agreement should not be confused with a tenant sublease of the entire apartment. In the case of a roommate agreement, both the original tenant and the roommate share the apartment space; in a sublease, the original tenant moves out and the subtenant moves in with the landlord's permission. In all cases, the permission of the landlord should be obtained; otherwise, the original tenant may be in violation of provisions in his or her lease restricting the number of occupants of the premises or restricting the tenant from entering into a roommate agreement or any form of assignment or sublease. However, there are no state statutes specifically addressing such agreements; as a result, parties must apply traditional landlord tenant law to the situation. Potential roommates should carefully discuss and agree as to who is to do what, and how the rent and other expenses are to be shared; it is urged that this agreement be in writing. The landlord is not usually involved in this arrangement, other than consent to it, simply because the original landlord can look to the original tenant to collect rent or other charges -- and the roommates as well, if there is a signed agreement to that effect by all parties. Problems can arise when one roommate moves out and no longer helps with the expense. The original tenant, of course, remains obligated to pay the full rent and other charges His or her only recourse is to sue the outgoing roommate for that person's share of the rent and other charges; however, tenant has no recourse against the landlord.
A: Generally, yes. Unless a written lease specifically permits the landlord to show the apartment or house in event of sale, the law limits a landlord's right of entry to: (1) entrance at any time, with or without tenant's permission or presence, in event of fire, severe flooding, or other like disasters; (2) serve an eviction notice, or (3) a reasonable manner. "Reasonable manner" usually means working out a suitable time with the tenant. Realtors sometimes want to use a "lock box" when they are showing the apartment or house for rent or sale. A "lock box" is a supplemental lock that attaches to the front door knob that is also keyed to the realtor. In other words, the realtor can enter the property at any time whether tenant is home or not. Unless the lease specifically permits this, it is normally an invasion of privacy; the realtor can be treated as a trespasser unless the tenant consents; if no consent is given, it is recommended that tenant deliver or mail, certified mail-return receipt, a notice to the landlord demanding that no lock box be used until tenant has vacated.
A: The tenant has a right of privacy and right to insist that landlord arrange a reasonable time with tenant to enter the apartment. Although, landlord owns the property, the general right of privacy is transferred to the tenant, except under the three circumstances given above. Except in emergency situations, the landlord has no right to disregard the tenant's right of privacy. Lacking tenant's consent, landlord could be treated as any other trespasser. However, sometimes this right of privacy is modified by a written lease, which the tenant has agreed to and signed. Chief among such lease terms, is one in which the tenant agrees that landlord can show the property within the last 30 days of a lease term, to prospective buyers or new tenants. The words "to show" create many problems of interpreting just what it is that the landlord can or cannot do. It is recommended that this clause be further clarified in writing before the lease is signed.
A: There are several things a landlord can to protect his or her property. The most obvious action is to serve them with a 3-day notice of eviction on grounds they are violating their lease responsibilities and then proceed with court action to evict them. However, in severe cases, the landlord can also ask for immediate police assistance on the grounds of destruction of property. Also, landlord can seek a restraining order in court to prevent further damage. After tenants have vacated, landlord, of course, can charge the cost of repairs against the security deposit. If the repairs exceed the deposit, landlord may sue the tenants for the balance. As stated above, though, landlord must observe state law as to length of time permitted to send the letter to the tenant advising as to the charges against their deposit--otherwise, the landlord risks losing his or her claim on the deposit.
A: You may, of course, call the police if the neighbors are in violation of local laws, such as disturbance. Depending upon the severity, it may be possible to seek a restraining order from the court; however, the courts, generally, will not grant a restraining order unless physical harm or injury is threatened. In general, however, a landlord can be held responsible for the actions of other tenants, but not neighbors who are not tenants. The landlord can be liable to the complaining tenant on the grounds of breach of contract, if there is a lease, or of a violation of the "covenant of quiet enjoyment." Also, landlord holds the reins of authority over both parties, since both are landlord's tenants. You should discuss this problem with qualified professional advice. The tenant may, of course, send a letter or note of protest to the landlord asking for some kind of intervention. However, experience teaches that the complaining tenant who complains too much, without a lease to protect him or her, is often the party evicted rather than the disruptive tenant. Sometimes both tenants are evicted. In severe cases, the tenant can assert the claim of "constructive eviction" (as explained above) and move out upon proper notice, or seek to break the lease.
A: Assuming the landlord's letter of account has been sent within the timeframe of the Colorado Security Deposit Act, being 30 days (60 days if so provided in a valid lease) after move out, tenant still has rights that can be asserted. The Act prohibits "willful or wrongful" withholding of a security deposit. Accordingly, once the above letter of account is received, the tenant may still object to one or more charges that tenant considers to be still "wrongfully or willfully" withhold. Tenant must first, wait until the 30 or 60 days time period has passed, even if the landlord's letter is received sooner. Second, tenant must send a letter to the landlord itemizing the charges that are objectionable and demanding return of such withheld charges within 7 days or tenant will sue as permitted by the Act. If there is no response, tenant can then sue in the Small Claims Court of the county where landlord resides or has a principal place of business, and ask for treble damages as to that portion the court finds was wrongfully or willfully withheld. It is recommended that all letters be sent certified mail-return receipt requested. If landlord returns part of the deposit within the 30/60 days, but withholds the balance to cover charges, the courts have held that the tenant may deposit or cash the check landlord sends without giving up tenant's rights to sue for the balance.
A: The Colorado Security Deposit Act only requires that the letter be sent to tenants' "last known address". Thus if landlord has no address where tenant is employed and has not been furnished a new address, and does not have anything on file disclosing a relative's address, the letter may be addressed to tenant at the rental address formerly occupied--being the rented property--that being the "last known" address. The letter, of course, must always be sent within the 30 or 60-day period allowed by the Act. If the tenant has left a forwarding notice with the post office, the letter will be properly forwarded. However, the account letter should always be sent certified mail-return receipt requested as proof of mailing and proof of tenant's receiving it. Landlord should familiarize himself or herself with the various delivery options that the post office permits for a small additional fee
A: This area account for a large percentage of questions concerning security deposit charges. Even though the legislature has added a definition of "normal wear and tear" in the Colorado Security Deposit Act, it does not specifically address the question of carpet cleaning. It thus remains up to the judge to decide, on a case-by-case basis, just what is and is not normal wear and tear in a given lawsuit brought by tenant. Logic would indicate that if tenant tears the carpet or causes severe stains (such as Kool-Aid etc.), the damage would not be considered "normal" under any definition. However, often the outgoing tenant will clean the carpets as they vacate, but the landlord will nevertheless try to charge for "professional" cleaning. Landlords tend to argue that a rent-at-the-store cleaning machine is usually insufficient as contrasted to a truly professional cleaning. They contend that the latter gets out more "normal" dirt as well as disinfects the carpet surface. This remains a decision for the court to make and landlords may charge for additional cleaning at their own risk should the court find that their charge is willful or wrongful. The need for a "walkthrough" both at the beginning of the tenant's
occupancy and just before tenant vacates, cannot be overemphasized. This
can resolve whether there was existing damage before the tenant moves
in, as well as the damage existing at the time tenant moves out. Both
tenant and landlord should make written notes. Readable and usable photographs
of the premises at the time is also highly recommended; but videos are
discouraged because they cannot always be used in showing the judge due
to unavailability of VCRs, but still photos, if carefully taken, can be
very useful for the judge to look at. Q: My Landlord Charged a 'Pet Deposit' Of $100 When I Moved In, But When My Lease Was Up and I Left the Apartment, Landlord Refused To Return It, But Did Return the Main Security Deposit. What Are My Rights? There is no law in Colorado directly dealing with pet deposits. One approach is to call it a separate "damage deposit" to cover any damages caused by keeping the pet; at the end of the lease, this deposit would be returned if there are no damages by the pet. In this approach, if there is no damage caused by the pet, the deposit should be refunded to the tenant. Another approach is to call it simply a part of the main security deposit and added to that amount, to be subject to charges by landlord as to unpaid rent, damage, fees etc, as well as pet damages. Thus, the pet deposit would not be separate and would not be returned except as a part of the main security deposit. The Colorado Security Deposit Act provides for only one security deposit, and defines it as follows: (2) "Security Deposit" means any advance or deposit of money regardless of its denomination, the primary function of which is to secure the performance of a rental agreement for residential premises or any part thereof." A strict application of this definition would seem to mean that any deposit, however designated, would be considered a "security deposit" under the law--and not a separate deposit for pets. It would not seem legal for a landlord to try to get around the Act, simply by designating the pet deposit as a "pet fee" to be retained by landlord regardless. Certainly, a tenant is free to challenge failure to return the pet deposit separately and sue in Small Claims Court for its return. In the event the judge rules that it should have been returned and failure to do so subjects the landlord to a charge of unlawful or willful retention, tenant could ask for treble damages. However, the better view would be that a pet deposit is simply an "added" sum to the security deposit to cover added risk of damage by the pet and to secure performance of the rental agreement. But until the legislature or the courts clarify this situation, it remains for the trial judge to make a determination in each case. Qualified legal help should be consulted before tenant proceeds. In the question, above, if there was no cause to withhold the security deposit, and if there was no damage by the pet, it seems clear that landlord is obligated, under the Act, to also return the pet deposit.
A: The general rule is that air conditioning is a "luxury" and not a "necessity". This is true even if the air conditioning unit was working fine when tenant moved in, but has since stopped working. It is even truer if the unit was not working when tenant moved in. Verbal assurances from a landlord that it would be "fixed" must be in writing or backed up by sufficient evidence/testimony as to landlord's verbal promises. Normally, such promises made at the time the lease are signed, but not included in the lease, will not be enforced. The exception to the rule is where landlord promises in writing (lease or some other amendment to the lease to be responsible for such repairs. A weaker argument can be made when tenant, after the lease is signed, develops an illness that is severe and demanding cooling equipment. If this argument is to be made in an attempt to break the lease and move, tenant must have letters, reports and other written medical documents from a doctor or other medical professional.
A: Call Excel Energy Co. or your other local gas supplier to the property, and report the problem. They will then make an inspection of a "gas appliance, piping or other gas equipment" and the law obligates "service personnel" of the Company who becomes aware of a hazardous condition, either to health or fire, to inform the "customer of record" (i.e., the person in whose name gas service is registered) and take any further action provided for under the Company's policies. If the tenant receives the notice, he or she must immediately inform, in writing, the landlord or his or her agent of the condition. Bear in mind that the condition must be "hazardous", as verified by the gas company service personnel. Simple lack of or inadequate hot water, heat, or simple heating problems must be treated as any other repair if no hazardous condition is found to be present. Generally, then, the law allows the landlord 72 hours (excluding weekends and legal holidays) to have the condition fixed by a "professional", i.e., one licensed or certified by the state or local government. If no such person is available, then the repairs must be made by one otherwise qualified who carries at least one hundred thousand dollars in liability or property damage coverage. Landlord, or his or her maintenance personnel, cannot make the repairs unless they are a qualified professional, as above. If the landlord fails to have the repairs made, within the 72 hours, as above, the tenant can elect to move out and vacate the premises, and after vacation, the lease or rental agreement between landlord and tenant becomes null and void and all further obligation of the tenant terminate, and tenant can demand the immediate return of his or her security deposit, or that part to which tenant would otherwise be entitled. The landlord then must return the portion due of the security deposit to tenant within this 72-hours, along with refund of any rent already paid from the time tenant has vacated to the next rent due date. If the 72nd hour falls on a weekend or legal holiday, the period is extended to noon of the following business day. Keep in mind, however, that landlord can claim and withhold charges against the security deposit for back or unpaid rent or nonpayment of utility charges, repairs or cleaning contracted for by the tenant. In such case, landlord must provide the tenant with a written statement of charges along with return of the balance of security deposit, but this still must be done with the 72-hour period. Tenant must furnish landlord with a forwarding address; this should be done at the time tenant vacates the premises. If the landlord fails to return the security deposit, tenant can sue landlord and seek twice the amount found to be due tenant, plus costs and reasonable attorney fees. WARNING: The above is a fairly new law (1991) and certain steps must be followed exactly. Moreover, to our knowledge, the law has yet to be tested by the courts. Thus, the above information is to furnish a general overview and is not a substitute for seeking qualified professional assistance and advice.
A: Yes. In 1994, the Colorado legislature found that violent or anti-social acts are frequently committed by persons who base their operations in rented homes, apartments and commercial properties, and often the landlord is unaware of the dangerous nature of such acts until the persons have moved in under a lease providing for fixed term. Under traditional landlord-tenant law, the persons may have established the "technical, legal right of occupancy" which continues long after they have demonstrated themselves unfit to coexist with their neighbors or co-tenants. For this reason, in certain cases it is necessary to curtail this right of occupancy in order to protect the equal of greater rights of neighbors and co-tenants as well as the health, safety and welfare of all of the people of Colorado. As a result, this law declares it an implied term of every lease of real property in this state, that the tenant shall not commit a "substantial violation" while in possession. A "substantial violation" Is defined as any act(s) by a tenant or any guest or invitee of the tenant which (a) occurs "on or near" the premises and endangers the person or willfully and substantially endangers the property of the landlord, any co-tenant of "any person living on or near the premises"; or (b) " occurs on or near the premises and constitutes a violent or drug-related felony under article 3,4,6,7, 9,20,12, or 18, of title 18, CRS." This law permits landlord, in such instances, to terminate the tenancy effective after a 3 day written notice to quit, describing the property, the particular time when the tenancy will terminate and the grounds for termination. The landlord, the landlord's agent or attorney must sign the notice. An important point is that landlord has the burden of proving the occurrence of a substantial violation by a preponderance of the evidence. (Note: The act does not seem to require any criminal conviction of the persons) Further, no provision seems to be made to permit the tenant to "cure" the violation within the three days. A defense may be raised if the tenant is a victim of domestic violence, documented by a police report or issuance of a restraining order, and domestic violence is the basis for the eviction; or if the tenant did not know of, and could not reasonably be expected to know of or prevent commission of substantial violation by a guest, but immediately notified a law enforcement officer of his knowledge of the violation. WARNING: The above is simply a brief description of the law (CRS 13-40-107.5), which has, to our knowledge, not been challenged or supported by any legal action. Thus, landlord is advised to seek competent professional assistance before relying upon this statute.
A: So long as you have a legal right to possession of the property, whether under a lease or month-to-month tenancy, a landlord cannot lock you out or change the locks without furnishing you with a key to the changed lock. Even if you, as tenant, owe back rent or are having a lease terminated for cause, you do not lose your legal right to possession at the time landlord serves you with the 3-day or 10-day notice. Your right continues until the proper court orders your right to possession returned to the landlord after an eviction hearing, for which you have previously been served with complaint and summons by the court. Your refusal, after such hearing plus 48 hours, may result in landlord seeking aid of the local sheriff's office in physically evicting you and your personal property in the event you refuse to surrender possession and move out.
DISCLAIMER: These sections are designed to give some idea as to the answers
to the most frequently asked questions, but are not designed to be a substitute
for proper counseling. Again, it is important to seek qualified professional
assistance in such situations when serious dispute or problems exist.
We can discuss the facts and provide assistance in most cases, if you
contact us by phone [303] 237-0230, but we may recommend that you consult
with an attorney.
To download a PDF copy of the above topics and the services we offer, click here. |
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