Colorado Landlord and Tenant
Posted on September 26, 2014
Maximum Value and Return of Security Deposit
Colorado state law does not restrict the amount landlords can charge for the security deposit (Stewart, “Overview of Landlord-Tenant Laws in Colorado”). On the other hand, it does state when it should be sent back – inside of one month subsequent to a tenant moving, unless the lease indicates a more extended time period, not to surpass sixty days. Landlords have a briefer amount of time to send back deposits in a few conditions like a dangerous situation concerning gas paraphernalia that expects the tenant to leave. The state establishes other constraints on deposits.
Small Claims Lawsuits
Tenants can take legal action against landlords in small claims court for the restoration of their deposit, equal to $7,500. Taking legal action against your landlord is reasonably priced, normally under $50 to file a case – fee waivers or deferrals are occasionally accessible for destitute individuals (Stewart, “Filing a Security Deposit Lawsuit in Colorado Small Claims Court”). Actually, an attorney is unnecessary. They are not even permitted in a few cases. A judge normally hears disputes – not a jury – inside one or two months.
Visit the Colorado state court website for more information on small claims lawsuits, as well as the appropriate court’s name, the documents concerned with taking legal action against your landlord—normally termed a complaint or claim, filling fees and other expenses, and whether or not lawyers are permitted in Colorado small claims court disputes.
Notice Necessary to Increase Rent and Other Rent Regulations
State law controls numerous rent-associated matters, as well as the notice amount – no less than ten days in Colorado for monthly leases – landlords should present tenants to increase the rent and the amount of time – three days in Colorado – a tenant is required to compensate rate or leave prior to a landlord filing for eviction (Stewart, “Overview of Landlord-Tenant Laws in Colorado”). If you have a continuing lease, though, landlords cannot elevate the rent until the lease concludes and a new tenancy starts – unless the lease itself supports an upsurge (Stewart, “Colorado Termination for Nonpayment of Rent and Other Rent Rules”).
Tenant Withhold Rights
Tenants can refuse to give rent if a landlord is unsuccessful in taking care of essential repairs like a broken heater.
What Validates Tenants Compensating Less Rent?
Prior to you withholding rent, you must confirm that the situation validates you compensating less rent and you obey state lawful criteria on items such as notice you should present your landlord (Stewart, “Colorado Tenant Rights to Withhold Rent”). The following must be checked in the Colorado state law:
- The kind of repair and inhabitability difficulties that are eligible for not paying rent
- The kind of notice you should present the landlord and how much time the landlord must solve the problem prior to you withholding rent
- The restriction on the amount of rent you can refuse to give and how frequently you can utilize a specific solution
- Any other circumstances that are relevant prior to your withholding rent like a criterion that you compensate rent into an escrow account
Regulations on Termination and Eviction
State laws indicate the manner in which a landlord can end a tenancy (Stewart, “Overview of Landlord-Tenant Laws in Colorado”). For instance, a landlord can present a tenant in Colorado who has constantly breached any lease clause an absolute quit notice that compels the tenant to leave right away. If the tenant stays, the landlord may file for eviction.
Landlord Admittance to Rental Property, Tenant Defense against Retribution and Other State Laws
Numerous other Colorado landlord-tenant laws have an effect on both property owners, as well as the following:
- Tenant defense against landlord retribution for tenant applying a lawful entitlement like criticizing about a hazardous living situation
- Particular safeguards for tenants who are domestic violence victims
- Methods for the manner in which landlords must deal with discarded property deserted by tenants
- Reasonable housing rights – discrimination is forbidden by federal and, frequently, local law as well
Locating Colorado Landlord-Tenant Statutes
If you only wish to scan the Colorado landlord-tenant law, you can locate state statutes at Colo. Rev. Stat. §§ 38-12-101 to 38-12-104; 38-12-301 to 38-12-302; 38-12-501 to 38-12-511; 13-40-101 to 13-40-123. You can explore the table of contents for the landlord-tenant statutes. If you do not know the precise statute number, you can input a keyword that is possible to be in it like “nonpayment of rent.”