What are your fundamental rights as a renter in Denver, Colorado?
As a renter in Denver, you have important rights covering fair housing, habitable living conditions, and protection against unfair eviction or discrimination. Landlords must provide a written lease, follow rules for rent increases and security deposits, and maintain the property. If you face issues, resources are available for legal aid and housing assistance. Knowing your rights empowers you, whether you’re renting or considering buying your first home.
Hey there, future homeowner or current renter! Navigating the world of renting can sometimes feel like a maze, especially when you’re trying to understand all the rules. But don’t worry, knowing your rights as a renter in Denver is your superpower. Let’s break down the basics so you can feel confident and secure in your home.
What does “Fair Housing” really mean for you?
First things first, everyone deserves a fair shot at housing. In Denver and Colorado, landlords can’t discriminate against you based on a bunch of factors. This isn’t just about federal laws (like religion, gender, race, skin color, familial status, national origin, and physical/mental disabilities), but also includes Colorado’s extended protections for creed, ancestry, marital status, and sexual orientation. Denver even adds more, like source of income (yes, they generally can’t refuse you just because you use a housing voucher!).
- Protected Classes: Federal and Colorado laws protect you from discrimination based on religion, gender, race, skin color, familial status, national origin, physical/mental disabilities, creed, ancestry, marital status, and sexual orientation.
- Denver’s Additions: The Denver Anti-Discrimination Ordinance further prohibits discrimination based on ethnicity, citizenship, immigration status, age, gender identity, gender expression, military status, protective hairstyle, and source of income.
- What to do if you suspect discrimination? If you feel you’ve been discriminated against, you can file a complaint within one year of the infraction at ccrd.colorado.gov/complaint-process.
Do you have a right to a safe and livable home?
Absolutely! This is called the “implied warranty of habitability.” It means your landlord has to keep your rental property fit for human living and up to all the local building, housing, and health codes. Think of it this way: your home needs to be safe, warm, and have working utilities. If something major breaks that affects your health or safety, your landlord is generally on the hook to fix it.
- Minimum Standards: Denver’s Housing Code outlines minimum standards for things like basic equipment, lighting, ventilation, heating, insect/rodent control, safety, sanitation, and utilities.
- Reporting Violations: If these standards aren’t met, you can report violations to the Denver Department of Public Health and Environment by calling 311.
Can your landlord retaliate against you for exercising your rights?
Nope, that’s a big no-no! Colorado law has specific statutes concerning landlord retaliation. If you, for example, report a maintenance issue or exercise any of your other tenant rights, your landlord can’t suddenly try to evict you or take other negative actions as a form of punishment. Courts will scrutinize any landlord actions taken after a tenant asserts their rights.
What should you know about your lease and rent in Denver?
Your lease is a super important document – it’s your contract with your landlord. Understanding what’s in it, and what the law says about rent, can save you a lot of headaches.
What’s the deal with written leases?
In Denver, landlords generally can’t start a new occupancy of a rental property for more than 30 days unless and until the tenant has been provided a copy of an executed written lease, signed by both the landlord and tenant. You should get an electronic copy of the signed lease, or a paper copy if requested, within seven days from your signing. This document is crucial because it outlines the terms of your tenancy.
How often can your rent go up, and what about late fees?
Good news for your budget planning! Landlords in Colorado are prevented from raising your rent more than once per year. If you don’t have a written lease, they need to give you 60 days’ written notice before increasing the rent.
When it comes to late fees:
- Grace Period: Landlords cannot charge a late fee until payment is at least seven days late.
- Fee Limits: No late fee can be greater than $50 per month or 5% of monthly rent, whichever is more.
- Eviction Protection: You cannot be evicted solely for not paying a late fee.
What about security deposits and property maintenance?
Security deposits are a common part of renting, but there are rules about how much can be charged and how they’re handled.
How much can a landlord ask for a security deposit, and when do you get it back?
Colorado law states that a landlord cannot require a security deposit in an amount that exceeds two monthly rent payments. When you move out, your landlord cannot withhold a security deposit for normal wear and tear. If they do withhold any portion of it, they must provide you with a written statement listing the exact reasons. By default, they have 30 days to return your deposit, but this can be negotiated up to 60 days in your lease.
- Pet Deposits: For pet owners, landlords cannot ask for or receive more than $300 of additional security deposit from prospective or current renters as a condition of permitting a pet.
What are your landlord’s responsibilities for keeping the property in shape?
As mentioned earlier, the “warranty of habitability” means your landlord has to keep the property livable. This includes things like ensuring proper heating, plumbing, and structural safety. Not providing any of these items is considered a condition that interferes with your life, health, and safety, and is not allowed under Colorado law. If they don’t take care of important repairs, you might have options, including the right to withhold rent (but be sure to follow proper legal procedures and seek advice before doing so!).
What are the rules around eviction in Denver?
Eviction can be a scary word, but it’s a legal process with specific steps your landlord must follow. They can’t just kick you out.
Can your landlord just change the locks or shut off utilities?
Absolutely not! It is illegal for a landlord to try to force you out without a court order. They are prohibited from:
- Shutting off utilities.
- Threatening the tenant.
- Changing the locks without notifying the tenant.
- Taking tenant’s belongings.
- Retaliating against tenants.
What’s the typical eviction process in Denver?
If your landlord wants to evict you, they have to go through a legal process called a Forcible Entry and Detainer (FED). Here’s a simplified overview:
- Notice Provided to Tenant:
- 10-Day Demand: For non-payment of rent or a lease violation, your landlord typically gives you a signed “Demand for Compliance or Right to Possession” (a 10-day notice). You have 10 days to resolve the problem (pay rent, correct the violation) or move out.
- Notice to Terminate Tenancy: If you violate the same lease condition more than once and a 10-day demand was previously given, or there are more serious violations, the landlord can post or deliver a “Notice to Terminate Tenancy,” which does not give you an opportunity to correct the violation. Instead, you must leave in the allowed timeframe (between one and 91 days) or dispute the eviction before a judge in court.
- Complaint Filed and Served: If the issue isn’t resolved, the landlord may file paperwork (Summons and Complaint) with the court and serve you a copy within one business day.
- Court Hearing: The court clerk will schedule an initial hearing for a date that is seven to 14 days after the initial filing, but you must have received the Summons and Complaint at least seven days before the hearing. It’s crucial to show up or file a timely Answer! If you don’t, the court may automatically grant default judgment in favor of the landlord.
- Trial (if applicable): If you appear in court and file a timely Answer, a trial will be set at least seven days (and no more than 10 days) after the Answer is filed, where both sides present their case.
- Writ of Restitution Issued: If a writ of restitution is issued, it means the court has ruled in favor of the landlord and you are required to leave the property. The court shall not issue the writ until 48 hours after entry of judgment.
- Execution of Writ: The sheriff’s deputy shall not execute upon the writ of restitution until at least 10 days after entry of the judgment. It is the landlord’s responsibility to schedule a time for the eviction with the sheriff’s department.
Important Note: You can often stop an eviction for non-payment of rent by paying all the rent you owe before the judge issues a judgment.
Where can you find help if you have a landlord-tenant dispute?
Feeling overwhelmed? You don’t have to go through it alone. There are fantastic resources available to help Denver renters understand their rights and navigate challenging situations.
Need help with rent or utilities?
The Denver Department of Housing Stability has programs to help residents facing a financial hardship to prevent eviction or utility shut off. If you need help paying rent or utilities, you may be eligible to receive temporary help.
- Contact: Call 1-844-926-6632, or visit denvergov.org/renthelp.
Looking for free legal services for eviction?
The City and County of Denver provides funding for free legal services for low- and moderate-income individuals facing an eviction. Don’t hesitate to reach out to these organizations:
- Colorado Poverty Law Project: 303-532-2641 or copovertylawproject.org
- Community Economic Defense Project: 303-838-1200 or cedproject.org
- Colorado Affordable Legal Services: 303-996-0010 or coloradoaffordablelegal.com
- Colorado Legal Services: 303-837-1313 or coloradolegalservices.org
Have general housing questions?
If you have a housing question that does not require legal advice, contact the free Colorado Housing Connects helpline to find answers. Colorado Housing Connects can help you navigate housing information and resources.
- Contact: Call 1-844-926-6632 or visit coloradohousingconnects.org.
Understanding your rights as a renter is a powerful step, whether you plan to rent for a while or are saving up to buy your first home. Knowing these protections can help you make informed decisions and ensure you’re treated fairly. And when you’re ready to explore homeownership, Usaj Realty is here to guide you every step of the way!
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