| Landlord - Tenant Relations |
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Source: "A Landlord - Tenant Relations Guide 1997" |
Before You Move In
Before you consider moving into an apartment or house, make sure you check the condition of the place and write down the items which appear to be damaged or out of order. Use the list at the back of this handbook for inventory purposes when moving both in and out of the premises and keep a copy for yourself. Be sure to check the following: scratches, nail holes, burns, ventilation, electrical system, heat, (who controls it and who pays for it?) and water leakage. This inventory is important to avoid being charged for damages already in the premises.
If anything strikes you as being out of the ordinary, bring it to the landlord's attention and receive a promise in writing that he or she will fix it by a certain date.
Landlord Access
Generally, except under emergency circumstances (fire, water leaks, etc,) a landlord does not have the tight to enter an occupied rental unit without the permission of, and/or prior arrangement with, the tenant. State law allows the landlord reasonable access to show the apartment to a prospective tenant after the current tenant has given proper notice to vacate. Your landlord is allowed to inspect the condition of the unit from time to time with prior notice.
Security/Damage Deposits
One of the major complaints about landlords is in the area of security damage deposits. Colorado law makes it illegal for the landlord to take any part of your deposit without putting the damages he/she claims you caused in writing and sending this to you within 30 days (60 days if the time is extended by the lease) of when you leave the rental property.
The law also says that, if your deposit is withheld without just cause or without detailed written notice of the damages toward which the money is being applied, you can sue the landlord for up to triple the amount of the wrongfully withheld deposit money, for your attorney's fees and for court costs. It is up to you, however, to give the landlord seven (7) days written notice that you intend to bring suit. The burden of proving the tenant caused the damages is on the landlord, and not on the tenant.
A security deposit may be a month's rent or it may be part of a month's rent. The landlord cannot deduct the cost of normal wear and tear from the damage deposit when you move out, but can deduct for any damage members of your family or your guests do to the premises. The landlord is justified when it comes to large cigarette bums in new rugs and holes in the wall or ceiling that weren't there when you moved in. But, if the landlord withholds more than you think it costs to repair the damage, you can sue in Small Claims Court and the burden of proof is still on the landlord to prove damages and the cost of repairs.
The best ways to ensure the return of your deposit are to fill out the inventory sheet at the back of this booklet when you move in and out, maintain the dwelling in good order and respect the provisions of your lease or rental agreement. If you are already living in a place and you don't have an inventory sheet, talk to the landlord about completing one. He or she may be agreeable or may not. If not, complete one anyway and have it witnessed by a neighbor.
To help you receive a security deposit refund when you move out, be sure to do the following:
- Give your landlord the proper notice of your intent to move as required by your lease.
- Try to fix or repair damage you know you caused. If your landlord does the repair after you move, it may cost you more.
Source: "A Landlord - Tenant Relations Guide - 1997", A Publication of
Pikes Peak/Arkansas River Legal Aid and City of Colorado Springs Human Relations Office |