What are the rent control/stabilization laws in Colorado?
There are currently no rent control or stabilization laws in Colorado.
What fees may I charge?
There currently 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.
Are there limitations on the amount I can collect for 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.
What do I do with the security deposit after my tenant has moved out?
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. This time period may be extended up to 60 days if stated in the lease.
What are common issues involving security deposits.
Often times, landlords try to collect deductions for items that are described as normal wear and tear. To prevent a situation like this, the landlord should provide proof of each deduction with pictures, and receipts.
How can I terminate 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.
In which situations must I release a tenant from the rental agreement?
In the case of a fire not caused by the tenant, may the landlord release the tenant from the agreement. A tenant may also be released from a contractual agreement if he/she is called to active military duty. Furthermore, a tenant may be removed from the lease agreement from the court if a landlord does not follow Colorado’s landlord obligations.
How much notice is needed to evict a tenant for nonpayment of rent?
If the tenant has not paid rent, the landlord can serve a 3 day notice to pay or quit. The notice must be either posted on the door or the premises, or given to the tenant. The 3 days do not include holidays or weekends. A court proceeding may be initiated after the 3 day notice has been served to the tenant.
What must I do to physically remove my tenant after possession was granted to me?
After the court grants possession, the landlord must obtain a Writ of Eviction issues by the court clerk. The Sheriff will serve The Writ by posting it on the door of the rental property.
What is the time frame for the eviction process?
There are many factors that go into the eviction process which makes exact timing almost unattainable. If there are no complications, the process should take around 4-5 weeks.
May I demand my tenants to renter’s insurance mandatory for my tenants to obtain?
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?
The lease is automatically terminated in the event of the death of a tenant. If the lease states conditions regarding the death of a tenant, then the lease prevails. If there is no lease agreement, then the landlord must get authorization from a probate court to remove all contents from the premises.
How will I know if my tenant abandoned the rental unit?
There are a few obvious ways to figure out whether or not your tenant has abandoned the rental or not. It is recommended to check if tenant removed any personal items or to find whether the tenant has returned to the property at any time during a one week period. It is recommended to take pictures and document all sufficient evidence in order to rule out abandonment.
May I enforce a no smoking policy in my rental agreement?
A landlord may establish a “No Smoking” policy in the Lease.
How much notice must I give before entering the rental unit?
A landlord must give reasonable advanced notice, unless stated otherwise in the lease.
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.