A lease is a legally binding contract between a landlord and a tenant which grants the tenant possession and use of the landlord's property for a given period of time. The lease sets forth the terms of possession, such as rent, length of time of possession and rules governing tenancy. The lease may also require the payment of attorney's fees in some circumstances. Once a lease is signed there is no grace period to back out of the lease. Probably the most important advice to be given in resolving landlord/tenant disputes is that both parties read the lease carefully.
Written Leases
Boulder has adopted an ordinance, Section 12-2-3, B.R.C. 1981, requiring a written lease in all situations in which the rental is for thirty days or more. The lease must be signed within thirty days of commencement of the rental, and the landlord must provide each lessee with a copy within seven working days after all parties have signed or within fifteen days after the date of signature by any tenant, whichever is sooner.
Be alert to clauses in written leases which require the tenant to give up certain rights. For example, a clause which allows the landlord to evict a tenant for nonpayment of rent without a three day notice. A three day notice is required by Colorado law and carmot be waived by a tenant. Other questionable clauses may only be determined unenforceable by a court. If any party has a question concerning the enforceability of a term of a lease legal advice should be sought from an attorney. The City of Boulder has endorsed the "Boulder Model Lease", which is recommended but not mandatory. Copies of the model lease are available from the Community Mediation Service, Department of Housing and Human Services, 2160 Spruce Street, Boulder, Colorado.
More Than One Tenant: Joint and Several Liability
When more than one tenant signs a lease for a particular residence, each tenant is responsible for all of the conditions of the lease. For example, each tenant is individually responsible for all of the rent and all of the damages regardless of the means the tenants use to divide the rent between themselves and regardless of which tenant actually caused the damage. This is called "joint and several liability." If one person does not pay the rent, the other tenants are liable for payment of that person's share or they are all subject to eviction for nonpayment of rent. It is up to the other tenants, not the landlord, to collect from the nonpaying tenant. By the same token, if one tenant damages the premises, the landlord may deduct the damages from the tenant who caused the damage or the landlord may choose to deduct money from all of the tenants' deposits. For better self-protection it's useful for tenants to execute a "roommate agreement" which spells out tenants' obligations to one another such as what portion of rent each will pay, responsibility for damages, division in payment for utilities, duration of the rental period, responsibility for finding a replacement tenant upon early termination and payment of rent until a replacement is found. A roommate agreement is not binding on the landlord. Sample roommate agreements and materials on avoiding roommate disputes are available from the Community Mediation Service.