According to real estate property laws in the State of Colorado, both landlords and tenants are expected to ensure that rental property is in good shape and to take steps that are necessary to maintain the condition of said property.
As a landlord, you are required to take the necessary measures to make sure that the rental property is in good shape and as a tenant, you are required to keep the property that you rent in the best condition possible.
In this comprehensive guide, we will outline the specifics according to Colorado real estate law that pertains to damages incurred by a tenant and legal obligation.
Normal Wear and Tear or Damages?
According to the Real Estate Commission in the State of Colorado, security deposits may be utilized to pay for damages as incurred by a resident or tenant of said property; however, this deposit may not be used to cover that which is considered to be normal levels of wear and tear.
The following outlines the standard definition of “wear and tear” which is considered to be “normal”:
Wear and tear are considered to be normal if the deterioration of the rental unit is what is considered for intended usage. A tenant is responsible if the damage caused is from negligence, abuse, carelessness, an accident of the renter, their guests, members of the household, and/or invitees.
What is the Definition of Damage?
Damage is any type of deterioration that happens due to carelessness, abuse, an accident of the property by the tenant, household members, and/or guests. According to Colorado Law, this is when the renter is responsible and not the landlord.
What are Examples of Wear and Tear and Damages of Rental Property?
As a landlord, if you are renting a property, it is important for both you and your tenants to know the difference between normal wear and tear and that which is considered to be damages that tenant are responsible for.
This is necessary in determining if a renter will get back their security deposit or not. In the following paragraphs, we will outline the differences between the two based on the Rental Property Laws of Colorado.
The following outlines wear and tear that is considered “normal”:
- Small holes due to nails
- Paint that has faded
- Caulking that has faded
- Deposits that are caused by hard water
- Keys that are worn down
- Door locks that have loosened
- Traffic patterns in the carpeting or on another type of flooring within the unit
- The finish on wood floors fading
- Linoleum becoming faded
- Countertops becoming worn
- Cracks within the drywall of the home
- Wallpaper that is loose
- Mini blinds that have heat blisters
- Windows, screens, and doors that are dirty or are sticky
- Handles on faucets that are loose
- Toilets that continuously run
- Carbon monoxide and smoke detectors that are no longer functional
- A lawn that has become dry
- Drains that drain slowly or are clogged
- Light fixtures that no longer function properly
The following outlines examples of damage in which tenants are responsible for:
- Medium to large holes within the wall or walls
- Painting in spots or patching
- Caulking that is completely missing
- Mold, mildew, and/or dirt built up in various areas
- Keys that are unreturned, broken, and/or lost
- Locks that are missing or broken
- Damage that happened due to an entry that was forced
- Carpet and other types of flooring that are damaged or torn
- Countertops that are damaged
- Paint jobs that were unapproved
- Wallpaper that is ripped
- Mini blinds that have been broken
- Odor of pets throughout the structure
- Screens that are missing and/or torn
- Windows that are broken
- Handles on faucets that are broken or are completely missing
- Toilet parts that are broken
- Bifold doors that are damaged
- Carbon monoxide and/or smoke detectors that are broken or missing
- Incorrect or missing lightbulbs
- Damage to the lawn
- Drains that are damaged and/or neglected to the point of loss of functionality.
What is a Lease?
A lease is a legally binding contract between a landlord and tenant for the exclusive use of the landlord’s property in exchange for rent. Key terms include rent amount, due dates, security deposit, responsibilities for utilities and repairs, and notice periods. In Colorado, leases must comply with state laws, and unenforceable clauses include waiving security deposit returns and eviction without notice.
What Responsibilities Might a Tenant Have in a Lease?
A tenant’s responsibilities in a lease might include:
Paying Rent and Utility Bills on Time: The tenant must pay the rent and other bills as agreed in the lease on time. Late payment can be grounds for eviction.
Complying with Terms of the Lease: The tenant must adhere to all terms and conditions specified in the lease. Violating these terms can lead to eviction.
Repairs and Maintenance: The tenant should check the lease to confirm who is responsible for repairs and maintenance. If the lease does not specify, the tenant may be presumed responsible for certain repairs and maintenance.
Maintaining the Property: The tenant must keep the rental property in good condition and avoid causing damage beyond normal wear and tear.
Allowing Landlord Access: The tenant must allow the landlord reasonable access to the property for necessary repairs, inspections, or emergencies, as specified in the lease.
Notifying Landlord of Issues: The tenant should promptly notify the landlord of any issues that require repair or maintenance.
Following Specific Use Prohibitions: The tenant must adhere to any specific prohibitions in the lease, such as restrictions on pets or smoking.
Subletting and Assignments: The tenant must follow the lease terms regarding subletting or assigning the lease, which typically requires the landlord’s permission.
Returning the Property in Good Condition: At the end of the lease term, the tenant should return the property in the same condition as when they moved in, minus normal wear and tear.
Providing Notice for Termination: The tenant must provide proper notice if they intend to terminate the lease, as specified in the lease or by law.
These responsibilities ensure that the tenant maintains the property well and adheres to the agreed-upon terms, fostering a good landlord-tenant relationship.
What are the Common Responsibilities of a Landlord in a Lease?
A landlord’s responsibilities in a lease might include:
- Maintaining the Property: The landlord must ensure the rental property is habitable and in good condition, complying with health, safety, and maintenance standards.
- Making Repairs: The landlord is responsible for making necessary repairs to keep the property safe and habitable, especially for issues that are dangerous or hazardous to the tenant’s life, health, or safety.
- Providing Essential Services: The landlord must ensure the property has essential services such as heating, plumbing, and electricity in good working order.
- Respecting Tenant’s Privacy: The landlord must give a reasonable notice before entering the property for the purpose and intent of repairs, general inspections, or other causes, The only exception is if an emergency occurs.
- Management of the Security Deposits: The landlord must manage security deposits according to the lease terms and return them within the specified time frame after the lease ends, subtracting any legitimate-based deductions for unpaid rent, damages, or other agreed-upon expenses.
- Complying with Local Laws: The landlord must adhere to local property maintenance codes, zoning ordinances, and other relevant laws and regulations.
- Providing Notice for Lease Changes: The landlord must provide proper notice if they intend to change lease terms, raise rent, or terminate a month-to-month lease.
- Honoring Lease Terms: The landlord must honor all terms of the lease, including the agreed-upon rent amount and lease duration, even if the property is sold to a new owner.
- Handling Tenant Complaints: The landlord should address tenant complaints and issues promptly, especially those related to the habitability and safety of the property.
- Following the Law-Based Eviction Procedures: If eviction is necessary, the landlord must follow the legal-based eviction process and cannot use self-help methods like locking out the tenant.
These responsibilities ensure that the landlord provides a safe, habitable, and legally compliant rental property, fostering a positive landlord-tenant relationship.
What is Joint and Several Liability?
Joint and several liability is a legal concept commonly included in leases involving multiple tenants. It means that each tenant who signs the lease is individually responsible for the entire rent amount and all other lease obligations, as well as collectively responsible with the other tenants.
Key Points:
Individual Responsibility: Each tenant can be held accountable for the full amount of rent and any damages, not just their share.
Collective Responsibility: All tenants together are responsible for fulfilling the lease terms.
Landlord’s Rights: The landlord can seek the entire rent or compensation for damages from any one of the tenants if others fail to pay or meet their obligations.
Example:
If two tenants, Mike and Matt, sign a lease and Mike moves out without paying his share of the rent or causes damage, the landlord can demand the full rent and repair costs from Matt. Matt would then have to seek reimbursement from Mike.
This clause ensures that the landlord can recover the full rent and any damages without having to pursue each tenant individually. It also emphasizes the importance of choosing reliable roommates, as each tenant’s actions can affect the others financially.
If you would like to learn more about Colorado real estate law and/or property management, contact us here at Pioneer Property Management today by calling the following number: 720-839-7482
