Real Estate Law

DENVER, COLORADO LAWYER FOR A RESIDENTIAL LEASE.

MY BACKGROUND.

I have been practicing law for more than thirty-five (35) years, I am an Inactive CPA, and I have a 5-Star Rating. I have been involved in helping many landlords to prepare residential leases and many tenantswith reviewing residential leases

HOW I WILL HELP YOU.

For landlords, I will prepare a good lease which complies with all of the laws of the State of Colorado, and which is clear, detailed, and not ambiguous. I will prepare a good lease which is protects you as a landlord

For tenants, I will review your proposed lease to make sure you are protected.

LEASE PROVISIONS.

In Colorado, the provisions of a residential lease should include the following topics.

1. The names of the landlord and tenant(s).
2. Term of the lease.
3. Amount of the rent.
4. Late charges (Colorado law restricts the amount of late charges and when they may be assessed).
5. Who pays the utilities.
6. Use of the premises including number of tenants allowed.
7. Whether smoking and vaping are allowed.
8. Amount of the security deposit and the deadline to return the security deposit after the lease ends.
9. Whether pets are allowed and are there any restrictions on the number or the size.
10. The right of the tenant to quiet enjoyment.
11. Condition of the premises at the start of the lease.
12. Who maintains the premises and who repairs the premises.
13. Whether any alterations or improvements are allowed. They generally are not permitted.
14. Permitted entry by landlord. General permission is significantly different compared to an emergency, which requires no notice.
15. Condition of the premises at the end of the lease (should be the same condition as the start of the lease less reasonable wear and tear).
16. Whether the lease may be assigned or the premises sub-let.
17. Whether the tenant must carry renter’s insurance and if so, the amount of coverage. Landlord’s generally require renter’s insurance and renter’s insurance is good for both landlords and tenants.
18. The lease may not be recorded.
19. The lease between landlord and tenant contains the entire agreement between landlord and tenant. No side deals.
20. The address for notices to landlord and tenant and how notice is given.
21. The lease may not be modified unless in writing signed by landlord and tenant.
22. For any dispute between landlord and attorney, the prevailing party receives attorney fees and costs.
23. Neither party waives any rights under the provisions of the lease unless there is a written waiver.
24. Whether there should be restrictions for water beds, fish tanks or other liquid containers over a certain capacity on the premises.
25. Whether there should be restrictions for antenna, security devices, satellite, dish, and holes drilled on any portion of the interior or exterior of the premises.
26. The landlord always having keys to the premises.

LEAD-BASED PAINT DISCLOSURES.

For residential buildings built prior to 1978, there should be disclosures concerning lead paint.

In Colorado, there is a form completed which states whether the landlord has any knowledge and/or records about lead paint at the premises and what the tenant would like to do about the issue of lead paint.

There is also a pamphlet concerning lead paint which must be provided to the tenant.

RADON TESTING.

In Colorado, landlords concerning residences must disclose radon information to tenants before the lease is signed. Landlords must use reasonable efforts to mitigate radon levels.

THE LAW CONCERNING SECURITY DEPOSITS.

Colorado has a specific statute concerning security deposits for residential leases, which is C.R.S. 38-12-103.

Specifically, this statutes states:

“(1) A landlord shall, within one month after the termination of a lease or surrender and

acceptance of the premises, whichever occurs last, return to the tenant the full security deposit

deposited with the landlord by the tenant, unless the lease agreement specifies a longer period of

time, but not to exceed sixty days. No security deposit shall be retained to cover normal wear and

tear. In the event that actual cause exists for retaining any portion of the security deposit, the

landlord shall provide the tenant with a written statement listing the exact reasons for the

retention of any portion of the security deposit. When the statement is delivered, it shall be

accompanied by payment of the difference between any sum deposited and the amount retained.

The landlord is deemed to have complied with this section by mailing said statement and any

payment required to the last known address of the tenant. Nothing in this section shall preclude

the landlord from retaining the security deposit for nonpayment of rent, abandonment of the

premises, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant.

(2) The failure of a landlord to provide a written statement within the required time specified in

subsection (1) of this section shall work a forfeiture of all his rights to withhold any portion of

the security deposit under this section.

(3) (a) The willful retention of a security deposit in violation of this section shall render a

landlord liable for treble the amount of that portion of the security deposit wrongfully withheld

from the tenant, together with reasonable attorneys’ fees and court costs; except that the tenant

has the obligation to give notice to the landlord of his intention to file legal proceedings a

minimum of seven days prior to filing said action.

(b) In any court action brought by a tenant under this section, the landlord shall bear the burden

of proving that his withholding of the security deposit or any portion of it was not wrongful.”

This is a very powerful statute that landlords must follow or suffer severe consequences and which tenants need to know what their rights are concerning security deposits.

Further, in Colorado a landlord may not require a security deposit that exceeds the amount of two monthly rent payments under the lease- C.R.S. 38-12-102.5.

WARRANTY OF HABITABILITY.

The concept of warranty of habitability is important to both the landlord and the tenant.

A landlord must provide a rental property that is habitable. A tenant has a right to know that the unit is warranted as being habitable. In other words, the unit must be safe and in working order throughout the term of the lease.

A residence is habitable if there is guaranteed access to basic services like water, sewer, electricity, and heat; and the residence does not expose the tenant to any dangerous or life-threatening conditions.

QUIET ENJOYMENT.

Quiet enjoyment is a tenant’s right to the undisturbed use and enjoyment of the residential unit.

USE OF TEMPLATES FOR LANDLORDS.

When I prepare a lease for landlords, I often prepare a template for my client to use.

The beauty of a template is that for each tenant of my client, my client may tailor the lease to the specific situation for that tenant, such as the name(s) of the tenant, duration of the lease, the amount of the rent, and the mount of the security deposit.

I include all of the important paragraphs that I mention above, and for each lease my client completes the template so that my client does not have to pay me attorney fees to help with each lease. Of course, I am available to answer any and all questions if my client has any questions when completing the template.

CALL ME.

If you are a landlord or a tenant and looking for help with your residential lease, please call me at 303-782-4900 and we will discuss how best to proceed.