Under Colorado law, a rental agreement can either be oral or written. And once established by both a landlord and tenant, both parties obtain certain rights and responsibilities.
For example, your Colorado tenant obtains the right to peaceful enjoyment of their rented premises, as well as the right to timely repairs. Equally, Colorado law grants you, the landlord, certain rights such as the right to enforce the lease, and the right to evict a tenant for failure to abide by the lease agreement.
In today’s blog, we’ll take you through a basic overview of the Colorado landlord-tenant law.
Required Disclosures in the State of Colorado
Tenants have a right to be provided certain information by the landlord prior to moving in. That said, unlike some other states, landlords in Colorado are only required to make one disclosure. That is, if your rental property was built prior to 1978, you must provide your tenant with info regarding lead paint concentrations.
Colorado Tenant Rights & Responsibilities
As already mentioned, both parties obtain certain rights once they have signed the lease agreement. Tenants obtain a right to:
- Live in the rental property in peace and quiet without unnecessary disruptions
- Continue occupying their rented premises until the landlord has taken the proper eviction process to remove them from the unit
- Live in a habitable rental property that meets Colorado’s safety and health standards
- A fair tenant screening process that’s devoid of any bias on the basis of a protected class
- Exercise any of their rights without facing retaliation or harassment
- Terminate their lease agreement without penalty in certain situations such as in case of landlord harassment or if the unit becomes uninhabitable
- Have their security deposit returned within the stipulated time period (1 month) after moving out
When it comes to what Colorado tenants are responsible for, here’s what you can expect:
- Keeping your rental unit clean, sanitary and habitable
- Removing garbage and maintaining a reasonable level of cleanliness
- Using appliances and facilities reasonably
- Notifying you of any repair or maintenance issues that crop up
- Caring for their rented premises
- Making repairs to any damages they cause
- Respecting the peace and quiet of other neighbors
Colorado Landlord Rights & Responsibilities
As a landlord in Colorado, the statewide landlord-tenant laws give you the following rights. A right to:
- Screen rental applicants. The procedure must, however, be devoid of any form of discrimination
- Enter rented premises to carry out important responsibilities such as inspecting the unit or show the unit to interested rental applicants, buyers, or even lenders.
- Terminate the lease agreement of a tenant due to a lease violation. Common lease violations in Colorado include nonpayment of rent and excessive property damage
- Require a tenant to pay a security deposit prior to moving in
- Require a tenant to sign a lease agreement prior to moving in
- Charge whatever you want in regards to rent
Equally, landlords in Colorado have certain responsibilities to their tenants. The following are some of them:
- Follow the proper eviction procedure when evicting a tenant for a lease violation
- Abide by all terms of the lease agreement
- Respect their tenant’s privacy by not barging in unannounced. Colorado is yet to pass legislation on landlord entry. That said, that doesn’t mean you have a right to enter whenever you want
- Make property repairs within a reasonable period of time after being notified by your tenant. In more specific terms, you must make them within 24 to 96 hours
- Maintain the peace and quiet for example, if a tenant makes a noise complaint, you’ll have a responsibility to eliminate or minimize it if it’s within your control
- Ensure the property is habitable at all times
- Return your tenant’s security deposit (or whatever portion remains) to the tenant within a month of them moving out
Overview of the Colorado Landlord-Tenant Laws
Tenant Privacy
Landlords have a right to enter their tenant’s rented premises for the purposes of carrying out important responsibilities. The responsibilities range from routine inspections to responding to maintenance requests, and everything in between.
However, Colorado, unlike other states that require landlords to provide advance notice, doesn’t have such a requirement. That said, it’s always a good practice to notify tenants first prior to accessing their rented premises.
Housing Discrimination
As already mentioned, tenants have a right to be treated equally and fairly without any bias in all rental-related activities. Whether you’re screening them or simply responding to a maintenance request, you must treat all tenants equally. The Colorado Fair Housing law requires it. The protected classes in Colorado include race, color, religion, national origin, sex, familial status, and gender.
Rent Increases
Colorado doesn’t have a rent control policy in place. Therefore, you can technically charge whatever rent amount you find suitable. In addition, you can raise it by whatever amount you see fit.
Note however that being reasonable is the name of the game here. Overcharging your tenant will only make your unit less desirable to prospective tenants.
Early Lease Termination
Tenants in Colorado can break their lease early without penalty for certain reasons. The following are the allowable reasons:
- If the tenant fulfills the requirements of the early termination clause
- If the tenant is starting an active military career
- In the event of landlord harassment
- If the unit becomes uninhabitable
- If there is a gas hazard
You may require your tenant to pay the remainder of the rent under the lease for any other reason. As the landlord, you must also make an effort to re-rent the property.
Security Deposits
Colorado landlords must adhere to the state’s security deposit rules. For example, a landlord must return a tenant’s deposit within a month after they move out and only make allowable deductions (if any).
Bottom Line
As a Colorado landlord, it’s vital that you keep up with the state’s rental laws. By understanding your rights and responsibilities and those of your tenants you’ll find it easier to manage your rentals.
If you would like help, contact the experts at Keyrenter Property Management Denver today! We are a professional property management company in Denver. We can help you handle any day-to-day challenges you may be experiencing as a landlord.
Disclaimer: This content isn’t a substitute for legal advice from a qualified attorney. If you have a specific question regarding the Colorado landlord-tenant law, please contacted a licensed legal professional.