Off-Campus Housing

• Landlord Tenant Information
  • Assistance with Problems
  • Landlord Tenant Rights
  • Helpful Links
• List With OCH
• Listing Search
• Steps To Renting
• Resources
• Contact Us
• Home
• Student Activities

Landlord Tenant Information

About Leases

REMEMBER! A lease is a legally binding agreement, be sure to read it and understand it before signing anything. Leases are sometimes written in confusing language, so you made need to read over it with someone else who can explain it to you. Make sure the lease protects your rights and interests, not just the landlord’s. Make an attempt to change provisions that are disadvantageous to you (see “To Change Parts of a Lease” below).

 

Tenants are Jointly and Severally Responsible

A lease will specify who the two parties signing the contract are. If several tenants sign a lease together they are jointly and individually responsible for the fulfillment of all terms. This means that if a roommate leaves early or does not pay rent the remaining tenants are liable to the landlord for payment of that person’s share or they are all subject to eviction for non-payment of rent. It is up to the tenants, not the landlord, to collect payments from the non-paying tenant.

 

To Change Parts of a Lease

There are often times provisions in leases that may not be applicable to you, or are disadvantageous to you. Whenever it is possible, have your landlord rewrite or delete these provisions. All parts of a lease are open to negotiation, but they are invalid unless approved by both the landlord and tenant.

In order to delete a provision, simply draw a line through it and you and your landlord both need to initial and date it. Provisions that are added can be written in any blank space or on a separate piece of paper-they must also be initialed and dated. Make sure to get a copy of the revised document for your records.

 

Renewal Clauses

Make sure you understand the renewal clause in the lease. Most leases renew automatically for a period of one more year or one more month. The end-of-term notice included in the lease specifies the amount of notice required in order to terminate lease on the stated date or to change terms of the lease. In most cases the notification time is 60 days, but some leases require 90 or even 180 days notice. The notice must be given by the first day of the month. If you want to terminate your lease you must give proper notice in writing, usually by certified mail, return receipt requested. If you fail to do so you may find yourself legally bound for another lease term. When a lease renews on a month to month basis with a 60 days' notice then you actually have a two-month to two-month lease. Likewise, if the landlord wants to raise rent or change terms he/she must also give you the required notice. The landlord, however, may not be bound by the lease to notify you with a certified letter. At renewal time, watch out for any correspondence coming from your landlord. Lack of response to a renewal notice may be viewed as acceptance of the new terms. Also note that the landlord does not have to offer you a new lease. He/she can terminate the lease with the required notice and unless you can prove discrimination or retaliation, there is nothing you can do if negotiating a new lease does not work.

 

Rental Payments

Be sure to take note of when rent payments are due. Ask if there is a grace period and how soon late fees are imposed. 

 

Rent Increase

A landlord can increase rent by any amount provided proper notification is given and no violations of the housing code exist on the premises. The landlord cannot raise the rent in retaliation for the tenant exercising his/her rights.

 

Possession of Premises

A fair lease will specify that if unit is not ready for occupancy because of reasons beyond the landlord's control, the tenant can either wait until it is ready (and not pay rent) or can terminate lease and get the deposit back. Some leases stipulate the tenant to wait for a number of days. In either case, do not expect the landlord to pay for storage or hotel accommodation.

 

Sale of Property/Change in Management

In the case of sale of your rental or change in management your rights to continue the lease are protected by law and by a fair lease. Do not let yourself be pressured into signing new terms with the new owner/manager. Your lease should remain valid until it comes up for renewal. You must be notified in writing about the change in ownership and instructed as to who and how to pay your rent. Your previous landlord must transfer your security deposit to the new owner. The right to continue a lease in case of sale of premises is a waivable right and some leases contain a subordination clause, according to which the new owner can terminate lease or change terms. No such termination is allowed without the notice indicated in the lease.

 

Access to Premises

A landlord must always have access to the premises. In emergency situations the landlord can enter without giving notice. For routine inspections/repairs or showing apartment after tenant has given notice of lease termination, a fair lease will require the landlord to give 24 hours' notice. Many leases, however, state that the tenant is to allow access to the premises during reasonable hours on business days. If you sign such a lease, you are bound to it If you, however, feel your right to privacy is violated, you should address this problem in writing and ask for notification. Your rights to privacy and quiet enjoyment supersede any terms of the lease.

 

Purchasing Renter’s Insurance

Many leases recommend or require that tenant purchase renter's insurance. This is a very good idea. Your belongings are not protected by the insurance policy of the landlord. Unless you can prove negligence on the part of the landlord (and this is not always easy) you have no protection in case of fire, theft or any other loss situation.

 

Repairs

Under Colorado law, unless there is a written agreement to the contrary, the landlord is not responsible for repairs-large or small. If nothing is stated in the rental agreement you may find that the landlord deducted repair expenses from your deposit that you thought they were fixing themselves. Make sure your lease states who is responsible for making and paying for repairs. Also, when you sign the lease be sure to find out what kind of hanging devices you are allowed to use (nails, tacks, etc.) and any requirements the landlord may have regarding decoration of the apartment.

If your renting of the apartment is conditioned upon the landlord's performing certain repairs/improvements which are not required by the law, such as changing carpet, replacing mirror, etc., make sure you write these repairs into the lease. Always put a time frame to your requests. Oral promises are not valid-get everything in writing.

 

Utilities

Make sure the responsibilities regarding payment of utilities are clearly outlined in the lease. If the landlord is responsible for payment of utilities, tenants are protected from utility shut off if the landlord fails to pay for the utility bills. The tenant must pay the monthly bill to the utility company and can deduct that amount from the rent.

 

Security Deposits

What is a security deposit?

A security deposit is an amount of money retained by the landlord and held in escrow for the duration of the lease term. It is used for any damages done to the property during the tenant's occupancy. A tenant cannot use the security deposit as rent payment. A security deposit differs from a deposit given before lease signing to remove the property off the market. Such a deposit, often as much as a one-month rent, is, in many cases, non-refundable, if the tenant changes his/her mind about renting and the landlord does not rent the apartment at its availability date. Once the lease is signed, the initial deposit is kept as security deposit.

 

How to Protect the Security Deposit

Inspect the premises upon move in; make a list documenting the condition of the apartment. You can use our Move In/Move Out Checklist or draw up your own (include holes, or marks on the wall, damage to floors and windows, any marred or broken appliances that came with the property). If possible, have the landlord inspect the property with you. If not, sign the list, mail it certified to the landlord, keeping a copy for yourself. This will ensure that you will not be charged for damage from the previous tenants.

Before you move out, perform a similar inspection of the premises and draw up a similar list. Make sure you clean the apartment even if you did not find it clean when you moved in. The initial list and the final list should differ only in terms of "normal wear and tear". You are only responsible for damages done through misuse, abuse and negligence

Make sure you have given proper notice of termination and provided the landlord with written notification of your forwarding address. Use certified mail. If the landlord does not have your forwarding address, he/she is not required to return deposit. Proof that you have provided the landlord with your forwarding address is very important if you plan to use legal recourse to recover any wrongfully withheld funds.

 

How to Get the Security Deposit Back

The landlord has 30 days to return the security deposit to you after the termination of the lease. If the security deposit is not returned in full, because of claimed damages to the property, cleaning fees, unpaid rent or other charges, the landlord must supply you with an itemized list of the deductions and the remainder of the deposit, if any. Remember, you are responsible for leaving the apartment clean even if you did not find it so at the beginning of the term. You are responsible for damages done through misuse, abuse and negligence. It is very important to document items you feel the landlord may make you responsible for. Take pictures, use a video camera. Do not leave your furniture in the apartment, unless the landlord agreed to that in writing. Do not leave trash bags in the apartment, either. Ask the landlord for clear instructions of how to dispose of trash, if such instructions are not provided in the lease.

If the landlord does not communicate with you in writing within the 30-day period required by law, he/she forfeits the right to withhold any money for damages or cleaning. He/she still can withhold for back rent and/or unpaid utility bills. If the landlord does communicate with you within the indicated timeframe but you do not agree to the list of damages or with the amount of money he/she is withholding, write a letter to your landlord, mail it certified, return receipt requested, contesting the charges and requesting immediate return of the money withheld.

If you get no response, you can take your landlord to the Small Claims Court. In case there was no communication in writing within the 30-day period you can sue for up to two times the amount of the deposit. If you get a date in Court, you must be present-otherwise you lose your case.