Colorado Landlord obligations? (Denver: apartments, rental, house)

[athena1852]

Hi everyone - my husband and I have found a house we would like to rent from the actual owner. He provided me with the lease today and I have a couple questions. I dont know anything about rental law in colorado but this paragraph seems strange to me:

11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the entire interior and exterior of the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof.

I emailed him back to clarify this. Is it legal to require the tenant to repair a leaking roof or pay for the repair/replacement of a stove or fridge if it stops working, etc? After reading that Im thinking "what exactly is his responsibility as a landlord??"

Anyone else think this is odd or is this pretty normal for leases in colorado?

[DenverLawGal]

I'm not sure about the house, but I've seen similar leases to this and have had friends that have come across this same issue. The bottom line, whether it's a house or an apt., is that in Colo., tenant law is very much FOR the landlord. We really are set against the tenants. I'm not sure why, but it's always that way and is a vast contrast to Calif. law.

There is an organization here in Denver, I forget the name, but they help people out with tenant/landlord issues on a nonprofit basis. But really, fighting your landlord is futile here. I have had personal experience with fighting with a landlord.

What state are you coming from?

[athena1852]

Originally Posted by wanttomoveeast

I'm not sure about the house, but I've seen similar leases to this and have had friends that have come across this same issue. The bottom line, whether it's a house or an apt., is that in Colo., tenant law is very much FOR the landlord. We really are set against the tenants. I'm not sure why, but it's always that way and is a vast contrast to Calif. law.

There is an organization here in Denver, I forget the name, but they help people out with tenant/landlord issues on a nonprofit basis. But really, fighting your landlord is futile here. I have had personal experience with fighting with a landlord.

What state are you coming from?

coming from new york...western ny...not manhattan

and boy is scary that the law is so pro-landlord....

[nele]

I've rented three times in Denver in the last 3 years. The actual period of renting wasn't bad - I never had landlords that were unreasonable in terms of what they expected of me. That clause you mention is standard; I did question one landlord about it, and she and I agreed to add language to our rental contract, clarifying the repairs that she was responsible for vs. the type of maintenance I had to do (which was basically just keeping the lawn up). You shouldn't hesitate to ask for things like this to be added to the contract. It makes your landlord aware you are no pushover.

BUT: two of my three rental experiences were not good, in terms of trying to get back my deposit at the end, even though I was meticulous in terms of leaving the property in excellent shape. I think landlords know they have the upperhand legally and will use any small excuse to keep your deposit. Sure, you can go to small claims but that is a HUGE pain (I spent many hours investigating it), especially when your landlord lives in another state. Getting them served is problematic, plus they do say that Denver judges are partial to property owners.

So I would say, add to the standard rental contract that you have, anything that clarifies that language about repair responsibility. But at the end when you're about to move out, be mindful of EVERY detail. Especially take note of the notification you are supposed to make at the end of your rental term, what happens if that notification doesn't occur, etc. That's where you can be tripped up interms of getting your deposit back.

[DenverLawGal]

When I used to live on Capitol Hill (I lived there for years), we used to joke about deposits. Out of tens of apartments I lived in, I think I got maybe 1 or 2 deposits back. The law here is def. for the landlord and they know it. There's not much advocation for renters, so they just run people over.

I'm betting that clause you saw is probably part of a standard form many landlords here use. Like nele said, you can alter it as long as both you and your landlord agree. I'd have the both of you initial where you made changes.

[2bindenver]

landord tenant law is county level specific.