Colorado Landlord Tenant Laws

Transcription

1 Colorado Landlord Tenant Laws PMH,22QCH5SGPOIB4BIKR,39BDO43DFOQC9FNJK;10GKQQR4B3HXJO69E,2ASCL8Y8IO2QOIPS 1,3KUZJGWFIFO4BVM0Q;1OI3P0QOULQQROQ4H,2XJCHAEASC1L29IOQ,3GTIPKNZYZJ0CLKFO& shortheader=no Security Deposit: Security Deposit Maximum: No Statute Security Deposit Interest: No Statute Separate Security Deposit Bank Account: No Statute Pet Deposits and Additional Fees: No Statute Non-Refundable Security Deposit Allowed: No, landlord must return the full deposit (C.R.S (1)) Deadline for Returning Security Deposit: One Month, unless previously agreed to other deadline but never more than 60 days. (C.R.S ) If hazardous conditions force tenant to vacate, Landlord must return the deposit within 72 hours (excluding Saturday, Sunday, and Holidays) (C.R.S ). Require Written Description / Itemized List of Damages and Charges: No Statute Record Keeping of Deposit Withholdings: No Statute Failure to Comply: If the landlord fails to provide the tenant written notice of withholdings and other required information within the time limit, the landlord forfeits of all his/her rights to withhold any portion of the security deposit. (C.R.S (2)) The willful and wrongful retention of a security deposit in violation of this section shall render a landlord liable for triple the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney fees and court costs. (C.R.S (2) and (3a)) Lease, Rent & Fees:

2 Rent Increase Notice: No Statute Late Fees: No Statute Application Fees: No Statute Prepaid Rent: No Statute Returned Check Fees: No Statute Tenant Allowed to Withhold Rent for Issues of Habitability: Yes, with restrictions (C.R.S ) Tenant Allowed to Repair and Deduct Rent: No Statute Landlord Allow to Recover Court and Attorney s Fees: Yes, if the lease allows it. (C.R.S ) Restrictions on Handling Abandoned Property: Yes (C.R.S ) Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No, Under the benefit of the bargain rule, an innocent landlord is entitled to recover only the amount of damages required to place it in the same position it would have occupied had the tenant performed according to the terms of the lease. Schneiker v. Gordon, 732 P.2d 603 (Colo. 1987). Notices and Entry: Notice to Terminate a Lease with a Fixed End Date: No notice is needed as the lease simply expires. (C.R.S ) Notice to Terminate a Lease Yearly Lease: 91 days (C.R.S a) Notice to Terminate a Lease 6 Months or Longer, but Less than 1 Year: 28 days (C.R.S b) Notice to Terminate a Lease 1 Month or Longer, but Less than 6 Months: 7 days (C.R.S c) Notice to Terminate a Lease 1 Week or Longer, but Less than 1 Month: 3 days (C.R.S d) Notice to Terminate a Lease Less than 1 Week: 1 day: (C.R.S e)

3 Notice of date/time of Move-Out Inspection: No Statute Eviction Notice for Nonpayment after Notice of Nonpayment is Served: 3 days (C.R.S d) Eviction Notice for Lease Violation: 3 days to remedy or quit (C.R.S ). Repeat violations are grounds for immediate lease termination. (C.R.S e.5) Required Notice before Entry: No Statute Entry Allowed with Notice for Maintenance and Repairs (nonemergency): No Statute Emergency Entry Allowed without Notice: No Statute, but reasonable entry during an emergency is always allowed. Entry Allowed During Tenant s Extended Absence: No Statute Notice to Tenants for Pesticide Use: No Statute Lockouts Allowed: No, and tenant can sue for damages (C.R.S ) Self-Help Evictions Allowed: No, unless promulgated by the state board of health for the cleanup of an illegal drug laboratory or is with the mutual consent of Landlord and Tenant. (C.R.S ) Utility Shut-offs Allowed: No, and tenant can sue for damages (C.R.S ) Disclosures and Miscellaneous Notes: Adopted the Uniform Residential Landlord and Tenant Act (URLTA): No Landlord is not required to look for or rent to a new tenant while previous tenant still has an active lease. Landlord s Duty to Provide a Habitable Premise (C.R.S ): Waterproofing and weather protection of roof and exterior walls maintained in good working order, including unbroken windows and doors; Plumbing or gas facilities that conformed to applicable law in effect at the time of installation and that are maintained in good

4 working order; Running water and reasonable amounts of hot water at all times furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law; Functioning heating facilities that conformed to applicable law at the time of installation and that are maintained in good working order; Electrical lighting, with wiring and electrical equipment that conformed to applicable law at the time of installation, maintained in good working order; Common areas and areas under the control of the landlord that are kept reasonably clean, sanitary, and free from all accumulations of debris, filth, rubbish, and garbage and that have appropriate extermination in response to the infestation of rodents or vermin; Appropriate extermination in response to the infestation of rodents or vermin throughout a residential premises; An adequate number of appropriate exterior receptacles for garbage and rubbish, in good repair; Floors, stairways, and railings maintained in good repair; Locks on all exterior doors and locks or security devices on windows designed to be opened that are maintained in good working order; or Compliance with all applicable building, housing, and health codes, which, if violated, would constitute a condition that is dangerous or hazardous to a tenant s life, health, or safety. No deficiency in the common area shall render a residential premises uninhabitable as set forth in this section, unless it materially and substantially limits the tenant s use of his or her dwelling unit. Domestic Violence:

5 Tenant may terminate a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence but Tenant may be responsible for 1 extra month s rent. (C.R.S ) Landlord cannot terminate the lease of a victim of domestic violence. (C.R.S c) Landlord may require proof of domestic violence status. (C.R.S ) A landlord shall not include in a residential rental agreement or lease agreement for housing a provision authorizing the landlord to terminate the agreement or to impose a penalty on a residential tenant for calls made by the residential tenant for peace officer assistance or other emergency assistance in response to a domestic violence or domestic abuse situation. (C.R.S ) Retaliation: A landlord shall not discriminatorily increase rent or decrease services or by bringing or threatening to bring an action for possession in response to the tenant having made a good faith complaint to the landlord or to a governmental agency alleging a breach of the warranty of habitability. (C.R.S ) Court Related: Small Claims Court Limits: $7,500 (C.R.S ) Eviction Cases Allowed: No (C.R.S c) Colorado Small Claims Court Local Practices Colorado Small Claims Rules (PDF) Colorado Small Claims Handbook (PDF) This information is provided for educational purposes only and cannot be taken as legal advice. Neither I, nor the other attorneys at Evans Case, LLP, nor any person or entity that I or any such firm represents, has agreed to enter into any agreement, or to incur any obligation, nor has any attorney/client relationship been created by , fax or other electronic means unless specifically and expressly so provided. No attorney/client relationship exists in the absence of an executed engagement letter or fee contract.