Are there rent control/rent stabilization policies or laws in Colorado?
The state of Colorado has not established rent control or stabilization practices.
May I charge an application fee, late rent charge or a returned payment fee?
There are no restrictions or limits placed on the collection of a late charge, an application fee, or a returned payment. However, reasonable cost should always be kept in mind when initiating any charges. Landlords and tenants can also create their own agreement about fees for returned payments.
What is the maximum amount I can collect as a security deposit?
There is no limit on the security deposit charged to the tenant so long as it is reasonable. Some jurisdictions such as Boulder have different requirements (in Boulder, the landlord must pay the tenant interest on a security deposit). Landlords should check with local housing laws for variables that may differ from state regulations.
My tenant has moved out, what do I do with their security deposit? Colorado law requires the landlord to return the security deposit or an itemized statement of the deductions and balance, if any, to the tenant within 30 days after lease termination or the surrender and acceptance of the premises; whichever occurs last. This time period may be extended up to 60 days if specified within the lease.
What is a common problem where security deposits are concerned? At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage as well as including repair receipts and pictures.
How can I end a Colorado lease agreement? In regards to a fixed term rental agreement, notice would apply to the terms specified within the lease. Tenancies that are one year or longer may be terminated by either party, giving at least 3 months advanced written notice. With regards to a lease that is 6 months or longer but less than 1 year, tenancies may be terminated by either party, giving at least 30 days advanced written notice. For tenancies that are one month or longer, but less than 6 months, tenancies may be terminated by either party, giving at least 10 days advanced written notice.
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable or If the tenant is called to active military duty. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.
My tenant has not paid rent; how much notice do I have to give a tenant in order to evict them?
If the landlord wishes to file for eviction, a 3 day notice to pay or quit must either be given to the tenant or posted on the door of the premises. The day of posting does not count, nor does any day in which the court is not open such as holidays or weekends. Thus a notice posted on Friday will allow an eviction to be filed with the Court upon the following Thursday provided that neither Monday, Tuesday, or Wednesday happen to be holidays upon which the court is not open. After the 3 day notice to pay or quit has been served, then a court proceeding may be initiated.
After the Landlord is given possession in court, what procedures must be followed to physically remove the tenant from the rental property? Once possession is granted by the court, then the landlord must obtain a Writ of Eviction issued by the court clerk. The Writ is served by the Sheriff by posting it on the door of the premises.
How long does the eviction process take? As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes approximately 4-5 weeks.
Can I require my tenants to obtain renter's insurance? Landlords may require tenants to obtain rental insurance, and can make the failure to do so a breach of the lease agreement.
What are the landlord’s legal rights in the event of the death of a tenant? In the event of the death of a tenant, the lease is automatically terminated. However, if the lease agreement specifies terms in regards to this situation, then the lease prevails. If there is no lease agreement, then the landlord must obtain an order from a probate court authorizing removal of the contents of the apartment.
How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the Lease.
Do I have to give the tenant notice before I enter the rental property? There are no statutory regulations regarding a landlords right to enter the leased premises. However, landlords should exercise caution and use reasonable judgment.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.