A lease is a legally binding contract between a landlord and a tenant that grants one party possession and use of another party's property for a given period of time. The lease is the basis of the landlord-tenant relationship and sets forth the terms of possession, such as rent, length of time of possession, and rules governing the tenancy. Before entering into a rental agreement (whether oral or written), make sure you understand everything you are promising. As soon as the lease is signed, it is enforceable, even if the tenant never moves in.
Written Lease
The City of Boulder has adopted an ordinance, section 12-2-3, B.R.C.1981, requiring a written lease in all rentals that are for 30 days or more. The lease must be signed within 30 days of the start of the rental. The landlord must give a copy of the lease to the tenant within 7 working days after all parties have signed the lease or within 15 working days after the date of signature by any tenant, whichever is sooner. If you do not get a copy of your lease within the required time period, request, in writing, a copy from your landlord. Your landlord must then give you a copy of your lease within 5 working days from the date of mailing or personal delivery of your request. If you have further difficulties obtaining a copy of your lease, contact the City of Boulder Human Rights Office (441-4364).
The City of Boulder has adopted a Model Lease. This lease was drafted by tenants, landlords and homeowners, and approved by the Boulder City Council for use by all Boulder rentals. (It is recommended, not mandatory.) Copies of the Boulder Model Lease are available at the University of Colorado Off-Campus Student Services (to students) and to the general public at the Boulder Municipal Building (Cashier's Window -- 20 cents/copy) at Broadway and Canyon.
Oral Lease
Theoretically, an oral lease is just as binding as a written lease. While oral leases may seem convenient at first, they are usually vague and easily forgotten. If your landlord should forget, or choose to disregard, her/his assurances to you, it will be your word against hers/his. For this reason, oral leases are generally not advisable. If you are unable to get a written lease, protect yourself! Try to get the landlord at least to write down the amount of rent, security deposit and responsibility for repairs. Even if you have an oral lease, you may still need to give written notice of your intent to terminate your tenancy. See section on Termination of the Lease.
Month-to-Month vs. Term Lease
A "term lease" is a rental agreement which has a date of termination or a definite term. A written lease for a 6-month or one-year period can protect you from rent increases or eviction for no reason during that time; however you are liable for the entire lease period. A "month-to-month lease" is a rental agreement that is automatically renewed each month unless the tenant or the landlord gives proper notice to the other party that he/she is terminating the rental agreement. (See Termination.) Unless the landlord releases you from your lease, you are obligated for the entire lease period. If your rental agreement is on a month-to-month basis, rather than for a specific period, you should be aware that the landlord can raise the rent or evict you at the end of a rental period (one month, renewed each month) with as little as 10 days' notice. Both month-to-month and term leases may be written or oral.
Reading Your Lease
Remember, the lease is an agreement that legally binds both parties to the terms of the lease. Before signing a lease, read it and make sure you understand everything. Leases are often written in confusing language, so have an appropriate advisory agency explain everything you do not understand. Make sure that your lease protects your interest, not just the landlord's. Try to delete or modify clauses that are disadvantageous to you. See To Change a Lease.
Points to Check in Your Lease
Dates of Tenancy -- The beginning and ending dates of your tenancy show the lease period during which you have the right to possess the premises and the obligation to fulfill all the conditions of your lease. Examine the length of the lease period closely. If your rental agreement is on a month-to-month basis, rather than for a specific period, you should be aware that the landlord can raise the rent or evict you at the end of a rental period (one month, renewed each month) with as little as 10 days' notice. A written lease for a 6-month or one-year period can protect you from rent increases or eviction for no reason during that time; however you are liable for the entire lease period.
Rental Payments -- The amount of rent and its due date should be clearly specified. Ask if there is a grace period or late fee.
Security Deposit -- The specific amount required for the security deposit (also termed damage deposit, cleaning deposit, pet deposit, holding deposit and last month's rent) should be clearly stated, as well as any conditions for its return. The landlord must return the deposit within one month after the end of the lease term, unless the lease specifies a longer period (not to exceed 60 days). It might be worth a try to ask your landlord to cut the number of days to 30.
Repairs -- Perhaps the most important point to examine in a lease and discuss with the landlord is the responsibility for repairs. Under Colorado law, unless there is an agreement to the contrary, the landlord is not responsible for repairs!large or small. Although the Housing Code in the City of Boulder shifts the responsibility for some repairs back to the landlord, tenants as a group are not protected by state laws when it comes to repairs. If nothing is stated in the rental agreement!written or oral!you may find that the landlord deducted from your security deposit for repairs you assumed were the landlord's responsibility. Make sure that the lease states that the landlord is responsible for making and paying for all repairs, except for those caused by your negligence or carelessness. If the landlord verbally agrees to make any repairs, get it in writing. See Maintenance and Repairs.
"As Is" Clause -- Beware of clauses in the lease which stipulate that the tenant accepts the premises "AS IS," meaning in their present condition. Try modifying the lease by adding the clause, "except for the following repairs that are needed: (add a list of needed repairs with completion dates)." Be sure to get any verbal promises from the landlord for repair or cleaning in writing, with completion dates, if your landlord refuses to alter the lease. See Security Deposits. Again, beware of a clause that states "tenants acknowledge that the premises are in good order and repair at this time;" it should be modified to include the phrase "except for the following items: (add the checklist you have completed for the apartment)." See Security Deposits.
Obligations for Cleaning -- Landlords are not required to provide you with a clean place when you move in. If the place you are planning to rent is dirty, try to obtain a written guarantee, in your lease, that it will be clean when you move in. Most leases contain language that requires you to keep the premises in clean condition.
Yardwork -- Determine who is responsible for the yardwork and for trash and snow removal. If you are responsible for the yardwork, be sure the lease specifies that the landlord will provide the maintenance equipment.
Utilities -- Check to see if you will be paying for utilities, and figure their cost into your budgeting. Public Service can give you an estimate of the cost of utilities.
Written Notice -- Some leases state that you must give written notice of your intent to vacate. Such leases may contain a "holdover clause" which stipulates that you are responsible for an additional month or year's rental agreement if you fail to give proper notice. Check the amount of written notice, if any, you will be required to give before ending your tenancy.
Landlord's Access -- Some leases allow the landlord to enter your apartment at any time, for any reason and without your prior consent. Protect your right to privacy by stipulating that the landlord may enter only for certain reasons (for example, to make repairs or inspections, or to show the premises to prospective renters or buyers) and must give reasonable notice and obtain your consent prior to entry, except in cases of emergency. See Your Right To Privacy.
Automatic Cleaning -- Some apartments include automatic cleaning charges. Colorado law allows the landlord to withhold from the security deposit actual costs for cleaning or deterioration over and above normal wear and tear and for "cleaning contracted for by the tenant." If you sue your landlord for any portion withheld from your deposit, the landlord must prove the need for the withholding. However, the landlord may withhold from your security deposit for "cleaning contracted for by tenant," and automatic cleaning charges specified in your lease may result in deduction from your deposit. See Security Deposits.
Subletting or Assignment Clause -- The lease may indicate whether subletting or assignment is allowed and under what conditions. Try to include a favorable subletting or assignment clause. If a tenant plans to share an apartment with other roommates later, this can be considered subletting so make sure the lease either allows subletting or indicates the number of persons to occupy the apartment. The landlord may not unreasonably withhold your right to sublet, regardless of the language in the lease.
Rules of Behavior -- Leases frequently include rules of behavior such as "no pets" or "quiet after 10:00 p.m." As long as rules are clear and in writing, there may be little problem. But rules change, and you should be protected. If there is a clause reading "Tenant agrees to comply with all printed regulations now made or subsequently furnished," try to delete "subsequently furnished" from the lease. Have a copy of the rules attached to the lease, initialed and dated. Be sure to check any terms dealing with guests, such as charges or time restrictions, so that you will be aware in advance.
To Change A Lease
There are often provisions in leases that may be disadvantageous to you as a tenant or that may not apply to you. Whenever possible, have your landlord rewrite or delete them. Theoretically, all lease clauses are open to negotiation; however, any changes are invalid unless agreed to by both parties.
To delete a phrase, simply draw a line through it!then both you and your landlord must initial and date the change. To add a phrase, settle on the wording with your landlord and then write it in the margin if there is space; again, both you and the landlord must initial and date it. If there is no space, simply attach a separate sheet with the changes, indicating that it is an addition to the lease; both you and the landlord must sign and date this. Above all, keep a copy of the changed lease for your records.
Any subsequent agreements should be in writing; if not, follow up with a letter to the landlord stating the agreement, who made it, and when. Keep a copy of this letter. You must give the other party a chance to respond. See Appendix for model letter to confirm a verbal agreement.
Unlawful or Unenforceable Lease Clauses
Some leases contain clauses that are unlawful or unenforceable in the courts. The following is a summary of clauses, which you may find in your lease, that may be unlawful and therefore unenforceable. Seek legal advice if necessary.
1. An agreement by the tenant not to hold the landlord responsible for injury or damage to her/his personal property, even if caused by the landlord's negligence is probably unenforceable. If the owner is at fault, a tenant may still be able to sue for damages, regardless of the lease.
2. Clauses where you agree to waive your legal rights to notification of court procedures, a jury trial or right of appeal are illegal.
3. A clause that waives your right to contest the deductions from your security deposit is unlawful. See Security Deposits.
4. A clause that states that you automatically forfeit your deposit if you break the lease may be unenforceable. The conditions for return of the security deposit are governed by Colorado laws. A landlord cannot withhold money from your deposit as a penalty, but must suffer actual damages before you will be required to pay (although it may be held that you agreed to such a penalty in your lease.) Seek legal advice if this occurs.