When you’re a renter, you might feel like you’re at the mercy of your landlord. That broken thermostat in the middle of the winter may go unfixed for weeks, and in the worst cases, a renter may come home to an unfairly issued eviction notice taped to the door. But tenants have more rights than they might think.
On Monday, Colorado Legal Services held a free public session at the Durango Public Library that focused on evictions.
What is an eviction? How long does a tenant have to respond? And on what grounds can one be served?
Kim Shropshire, an attorney with Colorado Legal Services, answered those questions for a group of six.
The ground rules for avoiding landlord-tenant troubles are basic but often overlooked: Keep a copy of the lease, communicate in writing, and insist on pre-move-in and move-out inspections.
Another word of advice: If it seems a provision in a lease agreement is against the law, it likely is. Prospective renters should seek legal counsel in those situations before signing.
Landlords can’t jack up the rent on a whim, either; the amount must be changed at the beginning of a lease term, or with 30 days notice. When this happens, a renter can move out, negotiate a price, or, when applicable, take a landlord to court on the grounds that proper notice wasn’t given.
Breaching a lease condition, violating the law or failing to pay rent are all potential grounds for eviction. There are generally two types, including “no cause” and “for cause.” The landlord does not provide a reason for evicting under no cause, and such a notice can be given at or near the end of the tenant’s lease.
For-cause evictions can be issued for failure to pay rent. After receiving notice, the tenant can proffer the money within three days and be absolved. The landlord cannot refuse if the rent is tendered within the three-day period. Paying in full is advised, Shropshire said, because paying a partial sum of the overdue rent creates a gray area. A landlord can still evict a leaser for the amount still owed. Documentation again will be the renter’s defense if the matter goes to court.
Breaching a term in the lease, like keeping an unauthorized pet, are different from substantial violations under state and/or federal law, such as dealing drugs. These violations can boot the tenant off the premises within three days. And even if such a violation was committed by someone else, the renter is still liable for substantial violations.
jpace@durangoherald.com
