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Video instructions and help with filling out and completing colorado landlord tenant law repairs
Music hello my name is major Conrad OSA and I'm a reservist at the 50th Space Wing legal office today I'll be talking about Colorado landlord-tenant law our topics will include the military clause what to do before you move in simple ways to minimize problems maintenance issues secure deep deposits and evictions I'm going to be speaking from the perspective that of a tenant so please keep that in mind if you are a landlord but before we get into the details I'd like to say that from my experience helping legal assistance clients with landlord tenant issues and from my own experience of being both a tenant and also a landlord of a home that I bought in now rent I've always found that communication is key to preventing and solving problems and make sure to put things in writing even if it's just a simple email now let's talk about an important provision that applies to those in the military and that's the military clause neither the federal government nor Colorado requires leases to contain the military clause in order for the military clause to apply to a lease however if a lease explicitly says that the military Clause does not apply then it does not apply because the military clause is something that can be negotiated away the military clause allows you to terminate or lease after providing proper notice of a qualifying deployment or PCs under the military clause the lease will terminate at the end of the next full payment period after you give notice of termination the specifics regarding notice in termination can be difficult to understand so I'll give an example that applies to many people most people are in leases that have a one-year lease term and rent is due at the beginning of each month on the first day so in the example if someone were to prnotice on the 15th of March that they were going to terminate the lease under the military clause their lease would terminate on April 30th that's because the lease will terminate on the end of the next full payment period so you prnotice on March 15th your next trip payment is on April 1st you pay that month of rent and then your lease terminates at the end of the month on April 30th please come and see us at the legal office if you have questions about how a particular provision yearly supplies next let's talk about things to do before you move in under Colorado law landlords are required to maintain minimum living standards and must address deficiencies to protect yourself before you consider moving into an apartment or a house check the condition of the property and write down items that appear to be damaged or not working properly or that need to be replaced keep a copy of the list for yourself and also give a copy to the landlord if anything is unacceptable bring it.
FAQ
What rights do tenants have under Florida law when it comes to a landlord refusing to make repairs that are clearly promised in the lease?
I practice landlord/tenant law around the Tampa Bay area. While there is a statute (83.51) that addresses a Landlord's Obligation to Maintain Premises = Statutes & Constitution :View Statutes : Online Sunshineits focus is more on structural and safety concerns, not broken appliances. So this issue will depend more on your lease than FL's default landlord/tenant laws. Though most leases say that the tenant is accepting the property "as is," which in your case would mean with the broken washer/dryer from day 1, I'm sure you could make the case that there's an obligation to correct this issue based upon provisions requiring the landlord to repair appliances (in addition to any representations they made about fixing the appliances before entering into the lease).The important thing to remember as a tenant, is that you can't MAKE your landlord do anything to their property. Your power is your ability to leverage the rental income with the threat that they must comply with the lease or you can exercise your right to terminate it. You do this with a demand letter to the landlord which should be delivered in the manner specified by the lease for giving notice (don't just call or email if your lease requires that notice be given personally or with certified mail). Florida Statutes section 83.56 provides guidance as to what that letter should say:(1)âIf the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:(a)âIf the landlordâs failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.(b)âIf the landlordâs failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.So only after you give your Landlord written notice, in the manner specified within the lease, and the problem still exists after 7 days later, then you have the right to do one of 2 things:Use 83.56(1)(b) to remain in occupancy but reduce rent until the landlord finally fixes the problem, orTerminate the lease, move elsewhere to some other property (ideally one with working washer/dryer), and you could then consider a small claims action against the old landlord for your damages (moving costs, maybe even the difference between rent)So that's some general advice, although without knowing what both parties agreed to in the lease, its impossible to give specific detailed advice for your situation. If you have trouble reading and understanding your lease, you should consider contacting an attorney or a housing law clinic to assist you.
How do you get a landlord to understand that he cannot make a tenant pay for repairs plus the rent?
Do you have a lease? What does the lease say about repairs?Here is wording regarding repairs from two different leases in my files.â1. TENANTâS MAINTENANCE RESPONSIBILITIESTenant will (1) keep the premises clean, sanitary, and in good condition and, upon termination of the tenancy, return the premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear, (2) immediately notify Landlord of any defects or dangerous conditions in and about the premises of which Tenant becomes aware, and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises damaged by Tenant or Tenantâs guests or business invitees through misuse or neglect.âanother,â15. TENANT'S REPAIRS AND MAINTENANCE: The Tenant shall:(a)Pay for all repairs, replacements and damages caused by the act or neglect of the Tenant, the Tenant's family, domestic employees, guests or visitors, which includes but is not limited to sewer and plumbing drainage problems caused by the Tenant.âAs you can see, repairs are the responsibility of the tenant only when the damage is the result of action or negligence of the tenant.Now, check out your copy of the lease, think about the repair that you landlord is charging you for, and if itâs not your fault, you donât pay, you show him your copy of the lease.ORgo to Lawyers, Legal Forms, Law Books & Software, Free Legal Informationand search âlandlord tenant law (state where your rental is)â
A colorado tenant moved out without paying his rent, what if any recourse does the landlord have since an eviction isn't needed?
Iâm not a lawyer and I donât know Colorado law, but this seems simple. If you can find the tenant you can sue them, presumably in small claims court. While you may not collect, this will put a black mark on their financial record. Beyond that, move on. As a landlord you make a profit through rent and capital gains. Unless you chose a property poorly, in the long run you are way ahead of the game. An occasional loss like this is just part of doing business.
Under Pa. Landlord-Tenant Law, how many days must I be a tenant in order to have eviction rights?
Eviction rights? That is the landlordâs last resort.I think you mean peaceful enjoyment. As soon as you sign the lease and pay the agreed upon rent and deposit, get the keys and walk away with the lease you have the right to Peaceful Enjoyment and the right to have a secure and safe habitation.If you are the one who is named on the lease and abide by all of the particulars of the lease (including prevention of illegal activity there and damage by visitors) you are safe from eviction.So the answer is not days - it is immediate. Now I am in Alberta Canada but some laws are very common.Some refer to establishing âresidency ⥠which can be something entirely different. Squatters seek to establish residency and end up with free lodgings until the owner can finally get them out.That said, if you signed a lease with me and I later found out you were conducting illegal activities there, I would have no choice but to evict. I had a pleasant drug dealer at one house -,took pretty good care of the house and always paid on time. As soon as I learned what he was really doing there I was compelled by law to evict him.So, read the lease - it is your bible and follow all of its clauses. Take good care of the property, be a pleasant neighbor and you will never be evicted.
Seattle's new law requires landlords to lease to the first eligible tenant, is that not a violation of a landlordâs rights to choose a tenant?
Itâs nonsense, of course - what if the third âqualified tenantâ is far, far better than the first âqualified tenantâ that the landlord runs into? Who wouldnât want a better customer [and a tenant is exactly that], and why shouldnât someone be able to have one? The constitutionâs protections for freedom of association apply to business arrangements, too - as long as those are not discriminatory.Perhaps the ordinanceâs fatal flaw is that there is apparently no exception for small landlords. Everyone understands that, if itâs a question of medium-to-large buildings, the tenancy is really more of a commercial arrangement. However, when the building is small - perhaps with four to ten tenants, and especially if the landlord lives in the building - the last thing to landlord needs is to have to deal with a jerk. [And, yes, many jerks could conceivably be âqualifiedâ tenants.]To give an example, my ex owns a duplex in pro-landlord Fort Wayne, Indiana. Heâs in his fifties and lives downstairs with his four cats, and often rents to someone up above. This rental will be a small part of his retirement income. Forgetting about the promptitude of rents, the last thing my ex - a wonderful person and still a good friend - needs is someone whoâs fussy, demanding, or even just weird. Thereâs no reason he shouldnât be able to screen for such traits. In fact, under federal and city law, heâs exempt from all the anti-discrimination laws, since the building has under four units and he lives in one, but he never discriminates. Iâm a diversity specialist and seasoned landlord myself, and I wrote his lease? Itâs very fair minded.With all that, he did get a terrible tenant in some years ago. She paid, but complained endlessly and had him a nervous wreck by the end of her tenancy. Her unpardonable was to run a test on his unit - without his permission - and then try to hold the test results against him. He asked her to leave. The Seattle ordinance would not allow him to screen against such troublemakers, which is nonsense: he and I worked all our lives to own a home and then later a couple of little rental units. In one unit, we even hand-sanded the floors since it was iffy whether they could be belt sanded. He deserves to be selective, especially when the prospect would be living right above him.
In New York, does regular landlord-tenant law apply to residents in sober houses? House manager is saying Iâm a resident (not a tenant) with no tenant rights and can just kick me out whenever he pleases.
Sober houses have contracts with the guests specifically designed to allow them the freedom to maintain a safe secure living situation for all in the house. The contracts grant license to reside as long as the guest adheres to the rules and regulations of the program and house. Itâs set up to NOT create a tenancy. Otherwise if the guest decides to use/drink/violate rules they couldnât be removed if a tenancy was created. Itâs a very common feature of sober living situations. Typically there is a procedure laid out for a guests removal. It should all be contained in the contract each guest signs upon entry to the home. The house manager is given wide authority to run the property in the best interests of the community. There is usually an appeal process or ombudsman to deal with questions involving management.
Can a landlord force a tenant to move out if the tenant rents in the same building for 12 years and has his bussiness there? Is there any laws to oppose the landlord and stay in the same place?
Can a landlord force a tenant to move out if the tenant rents in the same building for 12 years and has his bussiness there? Is there any laws to oppose the landlord and stay in the same place?When your lease is up, the landlord has no legal obligation to renew it. He CAN make you leave, even after 12 years. Itâs HIS property, after all - not yours.The landlordâs only legal obligation is to observe the time deadlines listed in the least for notifying you of non-renewal. Thatâs usually 30â60 days, depending on where you are.
How much time does a landlord have to give a tenant to move out?
Generally speaking, when the lease expires it becomes a month to month tenancy with the same provisions as the lease (amount of rent, obligations etc).Here the rule is thirty days if no renewal is offered and a month to month is not agreeable to the landlord (rare).If it is an eviction notice (the one grace the law grants LLs here) it depends on the notice. If you assault (verbally or physically) the landlord or are actively damaging the property you get a 24 hour notice. I never had the misfortune to ever have to post one of those.A notice of Substantial Breach gives fourteen days from the date it was posted for the tenant to vacate the premises. It is given when a pattern of violations occur (multiple late payments, partial payments, violations of various clauses within the lease.The pay or quit gives thirty days for a tenant to either pay the unpaid rent and bring the account up to date or leave.Here leases must contain the phrase âmay be terminated by either party with thirty days written notice â.So, absent a tenant who chooses to fight an eviction, which brings in the courts (here) it can be anywhere from one day for a violent thug to thirty days for someone falling behind on their bills.Most tenants donât fight eviction here for the simple reason that when you avoid the courts you avoid the official record showing your evictions. Most landlords want nothing more to do with a tenant who forced them to evict, so do not make it public that the tenant was evicted .
Is it illegal for a landlord to charge tenants pet rent for deceased pets in Colorado?
I think that this requires further investigation. Was the pet an elephant and is the urn taking up an extra parking space? You say pets, pets plural, have you collected hundreds of dead animals that are stinking up the building decomposing? If I were a landlord, which I am, I would charge extra for that. Did you sign a contract or lease prior to moving into the unit or house? If so, what did the contract say? Did it say one of the amenities was you could keep all the deceased animals you could gather? I assume the unit allows live pets.Are you ready to go to court and fight for your rights? If your pets are in urns all neatly cremated then I would say there probably isn't a law against it. It is standard practice to hand relatives their departed family's remains in all states, so pets shouldn't make any difference. I mean if you can have grandma on the mantle, what's the big whoop? Every man to themselves, right girls?now, I guess you could go for discrimination. After all, it is a real bummer for someone to get away with not paying for dead animals while you have to pay. I would start asking all your neighbors if they keep dead animals in their apartment and how many. If you find a couple you probably have a case. Actually, you say you are in Colorado. I think you need to lay off the weed for a while.