This Guide is designed to help you understand your rights and responsibilities as a tenant. The Guide focuses on the most common landlord-tenant problems, such as security deposits, repairs and maintenance, and evictions. No attempt has been made to cover the particulars of every possible situation. Although this Guide has attempted to provide you with information on local and state laws that pertain to rental situations, it should never be used as a substitute for individualized counseling or legal advice. We have listed a number of organizations in the Appendix that will assist you in various ways. Laws change -- whether instituted by statutes, ordinances, or case law; if in doubt about current laws, please contact a lawyer who specializes in landlord-tenant law, or consult one of the services which provides landlord-tenant counseling (listed in the Appendix).
The Off-Campus Student Services Office has copies of fair housing regulations. These are available in several languages.
HOW TO USE THIS GUIDE
We urge you, as a renter or a landlord, to read this book. It is always better to be an informed consumer or service provider than to make a mistake and then learn afterward about the law.
However, we know that many of you will not read this until you have a problem. So, when you have a problem, or think that a problem is brewing:
A. Assess the situation and decide where you stand:
1. Read the section that pertains to your particular situation. Ask yourself, how does this apply to me? How would the other side (the landlord, tenant, or roommate I am dealing with) apply this to him or her?
2. Try to prevent or resolve the problem yourself, with the information that is available to you.
3. If you need more information to help you understand your rights and responsibilities, contact:
a. Off-Campus Student Services at CU (if you are a student), 492-7053
b. Boulder Community Mediation Service (if you live in Boulder or in a mobile home park in the Boulder Valley), 441-4364
c. CU Student Legal Services (if you are a student who pays student fees)
d. a local lawyer who specializes in landlord-tenant law (do not call your father's brother-in-law in Connecticut who is a tax-and-wills attorney)
B. Resolve the problem by one of the following methods (listed in order of recommended action, from least adversarial to most adversarial):
1. Try to negotiate with your landlord, roommate, or other tenant, using the information that you have learned in your preliminary research.
a. Pick a time convenient for both of you, and a place that is private and comfortable for you both.
b. Gently educate the other person about your understanding of the law that applies. Show him/her written descriptions (from this booklet, from the statutes or ordinances, or from other resources) of both your rights and responsibilities.
c. Educate the other person about your concerns and why this issue is important to you.
d. Ask the other person what his/her concerns are and what is important to him/her and why it is important.
e. Ask the other person to work with you to come up with ideas that will help both of you. Spend some time exploring these ideas, without shooting them down or criticizing them right away. Look for creative solutions, rather than just the obvious ones.
f. Evaluate the possible ideas and select one or several, based on which one(s) will best help both of you.
g. Decide, with the other person, what steps will be needed to implement the idea you both have selected.
h. Write the agreement down in as much detail as possible. If possible, both of you should sign and date this agreement. Keep a copy and give a copy to the other person.
i. Follow through on the agreement that you have made.
2. Seek outside assistance to help you negotiate. The City of Boulder has a free Boulder Community Mediation Service. Mediation is a collaborative process through which participants work out their own agreements with the assistance of trained, neutral mediators. Participants meet with a mediator to discuss their concerns and the cause of the dispute, to develop possible alternatives, and to select a solution that will work for them to end the dispute. The mediator is trained to provide a conflict resolution process and help participants communicate effectively with each other. There are a number of private mediators in Boulder who offer mediation services for a fee (look in the Yellow Pages under "Mediation").
3. Sue the other party in Small Claims Court. Small Claims Court is a division of the County Court, established as a forum for the "inexpensive, speedy and informal resolution of small claims" (Article 6, Title 13, C.R.S. 1973). You may consult an attorney prior to appearing in Small Claims Court, to help you prepare your case, but an attorney may not represent you in this court.
4. Hire an attorney to represent you in County or District Court (CU students who pay student fees may use the attorneys at CU Student Legal Services for a nominal fee). It is unwise to represent yourself (without an attorney) in County or District Court.
The worst thing you can do when you have a problem or see a problem developing is to ignore it. It is unlikely that the problem will go away. Usually, the situation escalates until the problem becomes so large or so critical that there is no way to avoid it, and the steps to resolve it may be drastic. Think about your situation, get information, seek advice, seek assistance -- act wisely.
IMPORTANT ADVICE ON DOCUMENTATION
You should keep a file of all papers, notes, and receipts relating to your tenancy, including your lease, cancelled checks, and letters from or to your landlord. This Guide will recommend, a number of times, that you document any agreements you have entered into with your landlord. You should also document any steps or actions you or your landlord take when you are involved in some kind of dispute or when you are seeking some kind of agreement from your landlord. This file should include: notes on phone or in-person conversations with your landlord when you discussed some action that one of you would take, a request for action, or an agreement. Make a note of who said what (be precise), write down the time and date of the conversation, and keep this note in your file for further reference. Keep this file in a place where you won't lose it.
CHOOSING A PLACE TO RENT: INSPECT THE PREMISES BEFORE RENTING
Regardless of what type of rental housing you are seeking, it is wise to shop around. You are making an expensive purchase, so don't rent in haste. A place may make a wonderful first impression, but will you be happy there for the long haul? Things that seem insignificant at first can be a cause of dissatisfaction later. Here are some suggestions to help you make your decision:
1. Look at the specific unit you want to rent, not another one down the hall. Be clear with the landlord about which apartment you are renting.
2. Can you really afford this place? Is it worth the money to you? Be responsible for making your own financial decisions -- if you rent the place, you can't blame the landlord, later on, for charging too much rent.
3. The apartment you rent should be in livable condition before you enter into a rental agreement. If the landlord promises to fix anything, get a written agreement from him/her that specifies exactly what will be fixed and by what date. Have the landlord sign and date this agreement. Do not rely on verbal agreements here.
4. Talk with some of the other renters about how well the landlord maintains the property and responds to requests for repairs.
5. Consider utility costs. If possible, get information on utility bills paid by former tenants. Be clear about which utilities are included in the rent and which are in addition to the rent.
6. Make sure everything works: check the stove, refrigerator, water faucets, ceiling lights, electrical outlets, doorbell, toilet, thermostat, shower, windows, locks, etc. Turn on the water: how hot and how cold can you get it? Check any furniture for sturdiness.
7. Consider the layout of the house or apartment:
8. If this is an apartment complex, check the laundry room. Is it well-maintained? Are there enough machines, and do they all work?
Once you have paid a deposit or signed a lease, it is too late to grumble over the place you have rented. Be sure that this is the place you want, that you can afford it, and that the lease is for the correct length of time.
Read This Before You Sign a Lease
Read The Lease And Understand It -- There is no such thing as a "standard lease." If you do not understand a clause, do not sign the lease until you do.
Know The Duration -- don't sign a one-year lease if you plan on staying for nine months. Negotiate with your landlord for a shorter term. Don't expect to be able to sublet.
Know Your Roommates -- If you sign a lease with others, you are liable to your landlord for your roommate's share of the rent. Make sure your roommates are reliable and plan to stay for the entire term. Get your understanding with your roommates in writing regardless of how well you know each other. Better yet, see if your landlord will sign individual leases with each tenant.
Make Sure The Landlord Is Responsible For Repairs -- A landlord only has to make repairs if the lease makes him/her responsible. If your lease doesn't have a clause like this, ADD IT AND HAVE THE LANDLORD INITIAL IT. (e.g."Landlord is responsible for repairs to bring the premises in compliance with the housing code and to put furnished appliances in working order.")
Don't Rely On Oral Promises -- If your landlord promises to do things to your apartment such as paint it, repair it, or carpet it, GET IT IN WRITING before the lease is signed. If the landlord is sincere about the promise, he/she shouldn't object to writing it down. So your understanding is clear, specify the date the repair or improvement is to be completed. If your landlord says he/she won't hold you to a certain clause in the lease, CROSS IT OUT AND INITIAL BY ALL PARTIES.
Things Are Negotiable -- Renters have some bargaining power. If the rent is high, the house is in disrepair, there are certain things you want included in or excluded from the lease, DISCUSS THESE POINTS with your landlord. If you agree on changes put them in writing on the lease. Changes on preprinted forms are made by simply crossing out, adding on, and having all parties initial the change.