There are no rent control regulations in the state of Colorado. Landlords can charge their tenants "what ever the market will bear." In addition, there are no limitations on the frequency of rent increases or the amount of an increase if your landlord notifies you of the increase within the proper time limits.

Tenants who sign leases for a specific time period, or term, cannot have their rent raised until the end of the lease period. Tenants without a written lease are considered to be living in a "month-to-month tenancy" and a notice of a rent increase must be given in writing to the tenant at least ten (10) days prior to the end of the current rent period. Notice of a rent increase to a tenant with a six (6) month lease must be provided to the tenant at least one month prior to the expiration of the lease. In a year's lease, the tenant must get at least three months written notice prior to the end of the lease, but these time periods may be modified by the lease.

Landlords are not required to increase services or promise anything more in order to raise the rent at the appropriate time. If a tenant does not wish to accept a legitimate rent raise required by the landlord, their option is to move elsewhere if they cannot negotiate with the landlord.

Often, in the past, utilities were totally paid for by the landlord from their rental income. Due to frequent increases in utility rates, many landlords are now assessing the tenant for utility costs. Regulations passed years ago by the Colorado Public Utilities Commission have allowed these charges to be passed on to the tenant with certain reservations.

A landlord can only charge the tenants in an apartment building or a house the actual amount of the cost of the utilities which the landlord is charged by the utility company. A landlord cannot charge an amount greater than the total of a utility bill received from the utility company. Landlords are not required to install individual meters or other monitoring devices to determine the actual amount of utilities used by each unit as long as they arrive at an "appropriate" apportioning method. A system called RUBS (Residential Utility Billing System) meets PUC requirements of appropriateness" although not all tenants consider it fair or equitable.

Often, a RUBS system employed by the landlord apportions the total of the landlord's "master-metered" utility bill among the rental units according to the total amount of square footage inhabited by a family. Under the RUBS apportionment system, no account is taken of the number of people living in each rental unit, of the actual amount of heat, electricity or water used by tenants or of the amount of utilities consumed by the management to maintain the common areas of the building and outside property. Your landlord is not required to weatherize or insulate the unit.

The most important thing to remember about getting your rented apartment or house repaired is that, as a general rule, the landlord has no obligation to make repairs, unless there is a specific promise by the landlord. It is best to have any such promise put in writing. Consequently, if there is no such agreement, the tenant will generally be responsible for making repairs at his or her own expense. However, if you live within the city limits of Colorado Springs, it is the landlord's responsibility to make any repairs required to meet the city's minimum housing standards. Contact Housing Code Enforcement if you believe your dwelling does not meet those standards. If you have a written agreement which says that the landlord is responsible for maintenance and repairs, there are specific steps you should follow to get your landlord to make needed repairs. First, you must communicate with your landlord. You must make a good faith effort to request that repairs be made and that they be completed within a reasonable period of time. Put this request in writing and keep a copy. Send it certified mail, return receipt requested.

If your landlord puts off making repairs or refuses to make repairs, or time, you may decide to make the repairs yourself or contract to have them made. You may also decide to deduct the cost of these repairs from your rent. If you should decide to deduct the cost of the repairs from your rent, make sure you carefully follow these steps:

1. Make sure your written agreement with the landlord covers the repairs you want.
2. Make sure you have given your landlord reasonable opportunity to make the repairs. Also, make certain that you have a copy of your letter to the landlord requesting that the repairs be made and the return receipt from certified mailing.
3. If you contract to have the repairs done, obtain several estimates and go with the most reasonable estimate. Keep copies of the estimates and the bins.
4. Make sure that you deduct from your rent payment only the amount that you have actually paid for the repairs.

Please be aware that deducting the cost of repairs from your rent may result in an eviction notice and the landlord may try to evict you for non-payment of rent and may succeed. However, if you have followed the above directions carefully, you may be able to establish that you paid the landlord the amount you owe. If the landlord tries to evict you, contact a lawyer immediately.

If you believe that your dwelling unit does not meet minimum standards, you may want to contact the County Building Department.

Source: "A Landlord - Tenant Relations Guide - 1997", A Publication of
Pikes Peak/Arkansas River Legal Aid and City of Colorado Springs Human Relations Office