| Landlord - Tenant Relations |
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Source: "A Landlord - Tenant Relations Guide 1997" |
The Lease
Unless you plan to stay in an apartment for only a short time - a month or two at the most - it is better to have a written lease. This way both you and your landlord have a written record of exactly what the agreement is. The written lease also offers you the advantage of paying the same monthly rent for the term of the lease. Under a verbal, month-to-month rental agreement, your rent can change each month, with proper notice.
Be sure you find out about utilities (i.e. water, heat, electricity) and who pays for them. If your rent includes utilities, make sure you know which utilities are included. This information should be part of the lease.
Landlords frequently use printed, form leases. There are certain paragraphs you should look for and read carefully:
1. RENT, GRACE PERIOD, LATE CHARGES. Many leases provide a three to five day grace period and impose a late charge for rent paid after the grace period. Check to be sure late charges are not excessive.
2. LANDLORD RIGHT TO ENTER. Generally, in non-emergency situations, the landlord must give you reasonable notice of their intent to enter your apartment/house. Many leases provide the landlord with certain other permissible times to enter your the residence, such as to repair, to show or to inspect the premises. However, reasonable advance notice is usually required. Negotiate a time that is acceptable to both parties.
3. SUBLETTING OR ASSIGNMENT. Most leases require written permission from your landlord before you sublet or assign your lease to another person. A tenant who sublets usually remains liable to the landlord for rent and damages even though that tenant no longer lives in the apartment. An assignment of the lease relieves the original tenant of any further obligations under the lease.
4. REPAIRS. Leases usually state that the landlord assumes no responsibility for making repairs. Colorado is not a state which simply allows a tenant to make repairs and to deduct the cost of those repairs from the rent. It is, therefore, important that you try to negotiate acceptable repair provisions with your landlord. Be sure to put your agreement in writing and keep a copy.
5. "AS IS" CLAUSES. Such a clause states that you accept the premises "as is." Sometimes the clauses say you "acknowledge the premises are free of defects, in good condition, etc." Since this clause may later be used to deny refund of your security deposit, you should always modify this provision with a written amendment listing repairs, cleaning, painting, etc, needed when you move in. Get the landlord to put in writing when those repairs will be made. The inspection checklist at the back of this book can be used for these changes.
6. SECURITY DEPOSITS. Watch for cleaning charges, carpet cleaning and re-renting charges. Generally, if you agree to these and other charges in your lease, they can be deducted from your security deposit.
PET DEPOSIT: Normally this is a separate deposit, which may or may not be refundable.
7. TERMINATION OF THE LEASE. Although some leases allow either party to terminate a lease early, most only allow the landlord to terminate the lease before the end of its term. Usually, if the lease doesn't allow you to terminate early with required notice, you may be liable for a substantial amount of rent until the premise are re-rented. If you think you might not stay for the entire lease period, try to negotiate some termination provision with your landlord before you sign the lease. Again, get this in writing.
Problems arise when provisions of a lease are not understood by both parties. Ask questions if you don't understand what your lease says or means. Remember that you and your landlord can agree to changes before the lease is signed. Just be sure to put them in writing.
Source: "A Landlord - Tenant Relations Guide - 1997", A Publication of
Pikes Peak/Arkansas River Legal Aid and City of Colorado Springs Human Relations Office |