Downloads

Landlord Tenant Handbook 78 pgs | 2m

Landlord Tenant Handbook in Spanish 43 pgs | 492k

Fort Collins Rental Housing Standards 2 pgs | 361k

Landlord & Tenant Information and Handbook
Disclaimer | Lease FAQs | Building Repair and Maintenance FAQs

Disclaimer - Please Read

The City of Fort Collins makes no warranty of mechantability or warranty for fitness of use for a particular purpose, expressed or implied, with respect to the following information provided on this webpage. Any users of this web page accepts it same AS IS, WITH ALL FAULTS, and assumes all responsibility for the use thereof, and further covenants and agrees to hold the City harmless from and against any and all damage, loss, or liability arising from any use of the following webpage, in consideration of the City's having made this information available. Independent verification of all laws, ordinances and data contained herein should be obtained by any user of this website. The City disclaims, and shall not be held liable for, any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from this website or the use thereof by any person or entity. Any information contained in this page does not constitute legal advice and should not be used as a substitute for professional legal counsel.

Lease FAQ's

1. I got a job in another state. Does this automatically terminate the lease?

Answer: No, a lease is a legal binding contract. Nothing, including moving to another state, medical conditions or even death, terminates the lease unless the lease has a clause specifically stating that such an event will terminate the lease.

2. I just signed a lease yesterday and today I have found a place I like better. Do I have three days to change my mind?

Answer: No, as soon as you signed the lease, you created a contractual agreement between you and the landlord.

3. The landlord has not returned my security deposit, what do I do?

Answer: If you have fulfilled all requirements of the lease, you are entitled to your entire security deposit. If your landlord exceeds the time frame within which they must return the deposit, they lose the right to withhold any money at this time. They can still sue for damages. You can write a 7-day demand letter stating that if you do not receive your security deposit within 7 days, you will sue them for 3 times the amount of money involved (treble damages). In order to receive treble damages, you must prove both willful and wrongful intent on the part of the landlord. A sample of a 7-day demand letter is included in the Landlord Tenant Handbook (see Downloads above).

4. Can my landlord just kick me out of my house?

Answer: If you have violated a term of your lease, there is a process the landlord must to go through to have their tenants evicted. They first must post a 3-day notice on the tenant's door stating they they must comply with the lease or move out. The tenant then has 3 days to comply with the term of the lease the landlord noted ("fix" the problem) or leave the premises. If the tenant remains but does not fix the problem, then the landlord must file for eviction in County Court. The tenant will be notified of the court date and then both tenant and landlord will go to court to provide their sides of the story. The judge will then rule for or against eviction. If the judge rules for eviction, the tenant must vacate the premises within 48 hours. If the tenant does not vacate within 48 hours, the landlord can call the sheriff and conduct a supervised move-out of the tenant's belongings.

5. Is getting evicted a good way of getting out of a lease early?

Answer: No. If you get evicted, that eviction goes on your credit record and may make it difficult for you to rent or get any credit in the future. In addition, eviction does not release the tenant from the terms of the lease. The tenant may still be responsible for paying rent to the landlord until the landlord can re-rent the property.

6. Can my landlord come into my apartment whenever they feel like it?

Answer: Generally, reasonable notice should be given unless there is an emergency. Reasonable notice is usually defined as 24 hours. However, unless it is specifically stated in the lease, there is no specific time period that the landlord must give to come into their property. This is something that the landlord and the tenant should work out together.

7. If the landlord and the tenant do not have anything in writing, do we have any sort of lease?

Answer: When there is no written lease and has never been a written lease, the State of Colorado assumes a month to month tenancy. To terminate this type of month to month lease, either the tenant or the landlord must give the other 10 days written notice. If an old lease has run out and a new one was never signed, the contract is automatically rolled over into a month to month lease. Most of the terms of the original lease will still apply, including the amount of notice either the tenant or landlord must give to end the lease, the responsibility for maintenance and repairs and the date rent is due.

8. Who is responsible for cleaning up the property?

Answer: Unless specifically stated in the lease, the tenant is responsible to return to the property in the state in which they found it, excluding normal wear and tear.

9. What is normal wear and tear?

Answer: Normal wear and tear is generally anything which can be cleaned or which could have been prevented. Anything that occurs as part of daily living (for example, the carpet becoming more worn in places where the tenants would frequently walk) is considered normal wear and tear. Dirt or stains on the carpet and marks or nail holes in the walls are not normal wear and tear.

10. My landlord is selling the place that I rent. Will this terminate the lease?

Answer: The lease is still a binding contract to the new owners unless stated otherwise in the lease.

11. My landlord keeps saying they will fix broken things in the house but never gets around to it. Can I withhold my rent until things are fixed?

Answer: No. The duty of the tenant to pay rent does not depend on the landlord's duty to maintain the premises. You can get evicted for not paying rent. You can negotiate with the landlord over timelines for when things will be fixed, possible compensation for the inconvenience or the fact that you have not received what you are paying rent for. If you are not comfortable with or are unable to negotiate in person or over the phone, another option is to write a letter. The letter should clearly state the problem you would like fixed, the time frame for fixing it, and any help you can provide to make that happen (i.e., when the unit will be available for repair people to get in, etc.). If the landlord is not responsive to requests for maintenance or repairs, you may want to check with an attorney or City Building Services to see if the maintenance issue falls under City housing codes.

Landlord/Tenant Building Repair and Maintenance FAQ's

12. I live in a basement apartment and the thermostat for the entire house is located in the upstairs unit. My unit is always cold and I cannot control the heat. Is this legal?

Answer: No. In Fort Collins, all separate rental units, including upstairs/downstairs arrangements, shall have separate controls for heating regulation. All units shall have separate forced air heating systems or be provided with a closed system such as base board electric or hot water heating that can be controlled by each tenant. Each tenant shall be able to access his or her own electrical controls.

13. My roof, and sometimes my basement, leak whenever it rains. My landlord refuses to fix it. What can I do?

Answer:Local building regulations in Fort Collins require every building shall be weather protected to provide shelter for the occupants against the elements and to exclude dampness. If the property owner does not fix the situation within a reasonable time, you can call Building Services to set up an inspection of the premises.

14. This has been a cold winter and the heating system in my apartment isn’t working properly, Is there a standard for what is an appropriate level of heat?

Answer:City ordinance requires all habitable rooms shall be provided with permanent heating facilities capable of maintaining a room temperature of 60 degrees at a space measured 3 feet above the floor and 3 feet from an exterior wall.

15. My landlord comes in to my duplex and fixes things while I’m not home. He doesn’t give me any notice and I don’t like him being in my house while I’m away. Can he do this?

Answer: It depends. Many leases have language describing how repairs - and entry into your rental unit - will occur. In Colorado it is assumed if the lease does not mention it, the property owner may enter the premises for maintenance at any time he/she desires. If this bothers you, you may want to ask for written notice prior to entry. Get any agreement in writing.

16. Our toilet has been leaking and the landlord is taking a long time to fix it. I’m afraid the damage to the bathroom will charged against my security deposit. What can I do?

Answer: At minimum, state your concerns in writing and submit it to the landlord. If desired, you may also want to take pictures of the damage from the leaking toilet. City ordinance requires all plumbing fixtures be in good working order, and any interior work be completed by a licensed contractor. Contact Building Services if your landlord does not take care of the problem in a reasonable amount of time.

17. Several of the electrical outlets in my rental house don’t work. I’m having a hard time getting the property manager to send over an electrician. Should I hire my own?

Answer: It is the responsibility of the property owner and/or manger to maintain all electrical outlets in a safe manner, in accordance with the City Electrical Code.

18. My landlord is putting a new roof on my rental house, and I feel he is doing a poor job. Shouldn’t he have a professional helping him?

Answer: Landlords are not permitted to do any work requiring a permit (major repairs, alterations, or projects). A private contractor must be hired to complete these repairs. Contact Building Services for a list of home improvement projects requiring a permit.

19. There is a strange black mold growing in my basement laundry room. I’ve tried to keep it dry down there but the mold keeps coming back. Is this dangerous?

Answer: Possibly. If you have a persistent black mold, you could be at risk of ingesting noxious spores. Contact Building Services or the Larimer County Health Department for assistance.

20. Lately I’ve been smelling gas in my apartment. What should I do?

Answer: If you smell gas, the first thing you should do is open a window and leave the building. Call Xcel Energy at 1-800-772-7858 and report a gas leak. They will dispatch a repair crew immediately. If you’re suspicious of a gas leak, you might also want to think about purchasing a home carbon monoxide testing kit.

21. My bedroom is in the basement and doesn’t get any natural light. I’ve heard all bedrooms are supposed to have a window. Is this true?

Answer: All habitable rooms, including rooms used for sleeping, shall have either a approved egress window (size requirements vary depending on when the house was made into a rental unit) or a direct exit for emergency use. Contact Building Services if you feel your home is in violation of City Code.

22. There is a big pile of branches and leaves in the alley next to my rental house. I was told by the City that I’d have to remove them or be ticketed for a nuisance violation. Shouldn’t my landlord be responsible for moving the branches if the house belongs to him?

Answer: According to City ordinance, any premise with an accumulation of weeds, vegetation, junk, combustible materials, etc. can be considered a risk to health and safety and can be declared a nuisance. The property owner is ultimately responsible for disposing of the hazard. Contact Neighborhood Services Code Compliance Division for more information.

23. What can I do if a neighbor's cigarette smoke is coming into my apartment?

Answer: Although smoking is unlawful in public places, it is permissible on private property if a landlord allows it in the lease. Many landlords nowadays are aware of the health and financial risks associated with first and secondhand smoke and are instituting non-smoking policies both inside and outside rental units. For more information about smoke-free housing, see - mysmokefreehousing.org - larimer.org/health/chs/tobacco.asp Additionally, If you are sharing a forced air system with a neighbor, it is possible your unit is not a legal duplex/triple. To request information or a free rental housing building inspection, call 416-2305 or visit fcgov.com/nbs/pdf/rentalhousing-standards1-09.pdf.

If you have other questions or would like to speak with someone in person about a particular problem or issue, please contact us. The Community Mediation Program provides information on tenant/landlord, neighbor/neighbor and roommate disputes and can provide free mediation services in these areas for people who live within Fort Collins city limits.