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Colorado's Tenant and Landlord Laws

    Leases and Moving

    • Every landlord and tenant should have a lease. A lease protects both parties, sets the duration of the contract and can be set for any length of time. Typically leases clearly identify the property, the number of persons occupying the rental space, the amount of security deposit and notification for return, rent amount and due date, late fees, utility responsibilities, property maintenance and pets. A landlord cannot change the terms of a lease unless agreed upon by both parties, or at lease renewal. The lease acts as a binding contract for the tenant and the landlord. Also, it should establish moving in dates and notice for moving out.

      Before moving into a rental property, the tenant and landlord should both inspect the property, with each keeping photo records. Upon moving out, both should also inspect the property and document with visual records. In both cases, the condition of the property should be agreed upon and signed.

    Deposits and Rent Increases

    • Security deposits are for damages not covered by normal wear and tear on the property. A landlord cannot keep the deposit to cover normal wear and tear. Upon vacating the property, the landlord has thirty days--unless otherwise noted--to return the security deposit. If the deposit returned is less than originally provided by the tenant, a detailed account must be made for all deductions.

      If the deposit is kept in error, under Colorado law, the tenant may be able to receive a judgment of three times the amount of the original deposit. This time period can be extended up to sixty days, if specified in the lease, and if the landlord does not provide an itemized statement of deduction, she forfeits the right to keep all or part of the deposit.

      In regards to rent increases, rent cannot be increased until the lease has expired. If there is no lease, then written notice must be given ten days prior to rent being due if paid once a month, three days if paid weekly or semi-monthly and sixty days for mobile home parks.

    Trespass, Lockout and Eviction

    • A landlord may not enter a tenant's property without permission unless specified in the lease. Also, a landlord may not lockout a tenant. If a landlord does so, she can be held liable. If a landlord needs to evict a tenant, she can only do so by going through the legal process. The lease must be invalidated through neglect, non-payment or at the end of the lease.

      If a landlord decides to evict a tenant, she must give three days notice to the tenant to pay the rent. If the the rent is not paid on the fourth day, the landlord may proceed with eviction via the courts. If the tenant does not appear in court to contest, he has forty-hours from date of notice to vacate the premises. If he does not, then the law can forcibly remove the person from the property.

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