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Tenants and landlords learn their rights

courtesy photo

In an attempt to clarify Colorado law regarding rentals, lawyers presented at an event hosted by the Aspen Young Professionals on Tuesday.

 

Several dozen attendees crowded into the Hooch Craft Cocktailbar as Angela Vichick, Associate at Garfield and Hecht, surveyed the room, asking for a show of hands from people renting in the valley and current landlords.

Vichick presented the “what you need to know” of entering into, carrying out, and terminating residential leases under Colorado law. Two main takeaways: actually read your lease, and think of what a reasonable person would do.

 

The Roaring Fork Valley has a unique list of common landlord/tenant disputes. An escalating number of renters claim “emotional support” animal. There’s not much that can be done about that, even in complexes where no pets are allowed. While marijuana usage is legal in Colorado, it could be grounds for eviction depending on lease terms. And the booming real estate market means no property is a sure bet for longevity.

“The lesson is don’t move into a place that’s on the market or the landlord is intending to sell,” said  Dave Mills, who has been in the Valley for three years. For a second time this November he will be out on the street because the property he lives in has been sold. In the first situation Mills ended up having to pay rent at two locations for months, and was unsure what his rights as a tenant were in that case.   

 

Often times renters will jump on anything that is offered, even if they do so deceitfully. Commonly seasonal workers will agree to a lease term that they know is longer than they intend to stay. Vichick warns against this.

“You don’t get to just break your lease and walk away,” she told the group. “If you just move out and then tell your landlord that you left you can be on the hook through the end of the lease term”

While landlords seem to have the upper hand, they also grab the short end of the stick at times. One landlord, who asked not to be named because she is currently in a dispute with a tenant, said she learned a lot during the presentation. She also shared an only-in-Colorado story about a time she stopped by a property for an inspection.

“I went in and they had taken out the light bulb and replaced it with a grow light, and they had two six foot plants there and I mean, it was just shocking”

 

That’s six-foot-tall marijuana plants.

Vichick answered attendee questions at the end of her presentation. Sharing pointers such as even under the worse conditions, tenants should never use withholding rent as a bargaining chip. That breach of contract is grounds for an eviction. Locally, eviction cases are fast-tracked through the court. Renters can be kicked out in less than thirty days. And landlords need to look very closely at the number of days listed in the lease for returning a damage deposit. Missing that deadline, even if a renter has trashed the  property, can lead to an automatic payout of three times the original deposit

The most common disputes are over security deposits. Vichick recommends both parties take pictures of the property during move in and move out. Another tip, take photos of your lease and email it to yourself before it makes it to the trash can.

More resources regarding Colorado rental laws are available on the Garfield and Hecht website and through the Colorado Judicial Branch.

The Aspen Young Professionals group holds monthly social gatherings as well as regular forums. There are currently open positions on the group’s Board of Directors.

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