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Colorado Tenant Background Check

Colorado Tenant Screening Background Checks

Colorado Tenant Screening is a process that allows landlords to find out information on their tenants in order to make sure they have the prime candidates for renting. Landlords need to be able to rent to people that are an ideal match, who will be reliable in making their payments and respectful in maintaining and keeping up the unit. The best thing for any Colorado Tenant Screening to avoid any discriminatory charges is to keep the process consistent. This can keep the landlord's standing good and the discrepancies to a minimum and avoid miscommunications in the long term.

Landlords will almost always require a tenant screening, and if they don't, they may not be a very secure place to rent from.
•    As a tenant, it is important to be on board for any form of screening. Refusing to complete the tenant screening can result in the landlord declining the application and making the tenant seem like they have something to hide.
•    Some areas that are often checked are:
o    Validity of the tenant's name, ensuring their identity lines up. The importance of having the correct name on housing and government documents goes beyond simple Colorado landlord and Tenant laws.
o    Social security number will help the landlord run a full background check and also aid in making sure the tenant's identity lines up.
o    Landlords frequently check employment background to ensure how responsible the tenant is in keeping a job. This will often reflect how dedicated or professional the tenant is.
o    A credit history check will often also take place. This helps ensure that tenants make their payments efficiently and on time.
o    A criminal history and background check will likely take place. Many landlords try to maintain their rental units to be family-friendly and secure, so the routine crime check will ensure their safety and that of their other tenants and minimize any illegal activity on the premises.

The Koleman Group LLC provides tenant screening background checks nationwide. Are you looking for a tenant screening report in a state other than Colorado? Visit our tenant background checks page to learn more.


Colorado Landlord-Tenant Law


No part of this information is a substitute for legal advice. If you have questions or believe you have a legal case under Colorado Landlord-Tenant Law, you should contact an attorney. 
Many laws and judicial orders govern tenants, landlords, and rental policies everywhere in the United States. However, each state's laws are separate and can vary depending on the area. This article is only meant to serve as guidelines to help people better understand Colorado landlord-tenant laws and should not be considered actual law. The law in Colorado varies from city to city and may depend on the situation. Therefore, any lawful hearing should be done according to the state ordinances at the bottom of this article, and each reader is responsible for his/her findings.


Colorado Tenant – Responsibility and Rights


•    Before moving in, all tenants should take time and assess all of the damages or dangers present in the property rental.
•    Tenants should report their findings to their landlord, or else they may be held responsible for the damages/dangers and/or risking their well-being. If the damages are not reported, the landlord cannot be held responsible for any injuries that may arise.
•    Those who are going to be renting should take pictures of the condition of the unit before their move in and get all repair requests in writing. This can help settle disputes over damages or dangers to the property.
•    Tenants must pay rent on time, or they can be subject to fees and eventually eviction.
•    Tenants must maintain their rented space, keeping it clean and without damage to any unit area. They will be responsible for damages aside from the daily wear of living.
•    They must not alter the rental space, including painting and floor replacement, without the landlord's approval.
 

 Colorado Landlord – Responsibility and Rights


•    Landlords do not typically have to make repairs unless they interfere with the tenant's safety or violate other areas of the lease. This can include:
o    The presence of defective or hazardous gas-related equipment.
o    Violation of quiet enjoyment of the tenant.
o    Violation of a lease agreement.
o    Common area repairs such as walkways and halls.
o    Dangerous equipment related to the house's function could cause the tenant to leave for their own safety.
•    Landlords can and will be held liable for any injuries or mishap that results from their negligence regarding danger or repairs that have not been taken care of.
•    Landlords must maintain the Covenant of Quiet Enjoyment, which states that the tenant is entitled to their own peace and quiet within their home. Because of this, landlords are not allowed to enter the tenant's premises without a previous and sufficient warning. In addition, they are not allowed to interfere with the tenant's daily life and comfort.
•    The units must be kept up according to the state and housing codes for Colorado.
•    The landlord will be the one to decide on the amount of the security deposit, which must be agreed upon as long as it is a reasonable amount.
•    Landlords can charge late fees for receiving the rent either late, and those fees are also to be determined by the landlord.
Lease and Rent Information
A lease is a binding statement or agreement between the landlord and their tenants. It grants access and use of a particular rented area for a specific number of time. Leases must be oral or written, with written ones to occur most frequently. It is highly suggested that tenants request written leases (as well as copies) to keep from getting into a legal bind concerning the lease and the landlord. The lease terms can be negotiated, but once the lease is signed, there is no backing out of the lease without penalty.
•    In Colorado, written leases are required for any rental agreement longer than a month. They must be signed a month before the move-in or the beginning of the rental period.
•    Tenants should be alert to different clauses in the lease which may remove some of their rights. Therefore, they are encouraged to read the lease thoroughly before signing the dotted line.
•    Landlords can raise monthly or weekly rentals as they see fit.
•    If they raise the rent, the tenant must be given a week's notice.
•    Most leases state whether or not the landlord will be required to pay utilities or not. This must be followed concerning the signed lease. If whoever is required to pay the utilities fails to do so, further action and penalty may occur.
•    If multiple people sign on as tenants for a particular residence, each tenant is individually responsible for adhering to the tenant policies.
•    If one person fails to pay the rent, the other is completely liable for it. Regardless of how the rent and damages are divided, both tenants will still be responsible for the penalties.
•    The Federal Fair Housing Act states that it is illegal for any landlord to discriminate against families with children on renting a unit.
•    In the same way, they aren't allowed to refuse rental to any tenants or change their rental terms due to discrimination.
•    This can include any reasons from nationality, religion, gender, race, disability (mental and physical), and marital status.
•    If a tenant thinks they are being discriminated against, they can file a complaint at the Colorado Civil Rights Division.


Security Deposit Information


A security deposit is a pre-move-in fee established and regulated by Colorado law. Section 38-12-101 is also called a damage deposit. This deposit is made to help ensure that everything remains running properly for the tenant in the rental unit. The landlord can choose to withhold the return of the deposit for any of the following reasons:
•    Failure of the tenant to pay any rent or utilities that may be owed
•    The need to repair damages that go beyond the normal use of the house.
•    Failure of the tenant to clean appropriately at the end of their residency.
•    Any other reasoning that brings financial difficulty to the landlord outside of the normal upkeep of the unit.
•    Normal "living wear" is determined by Colorado statutes as the basic deterioration that happens from simply living in regular conditions in the unit, without carelessness or abuse to the unit. This can include worn-out carpet or door hinges but does not include things such as shower mold or nail holes in the walls.


Return of the Security Deposit


Although Colorado Landlord-Tenant Laws do not require that interest be paid on the security deposit to the tenant, if the deposit is kept in a bank account, the tenant may acquire the interest that has been accumulated.
•    Landlords must return the security deposit at least a month after the end of the lease unless otherwise noted. However, the period still cannot exceed more than 60 days.
•    Landlords have the right to take away any amount of money that the tenant may owe from the deposit, including repairs, rent, or utilities.
•    Colorado Landlord-Tenant Laws require that the deposit be returned, or a statement listing all of the itemized reasons and costs that the deposit is not being returned must be sent within the month.
•    If a tenant vacates the premises before the lease is up, the landlord can apply the security deposit to the unpaid months.
•    Likewise, if a tenant signs a lease but never moves in, the deposit may also be withheld.


Tenant Lease Termination


Termination is defined as a mutual agreement to end the lease. There are specific rules to govern termination depending on if a tenant has a year-long lease or a month-by-month rental.
•    Landlords are in no way obligated to renew a person's year-long lease.
•    If a tenant has a year-by-year lease, they may not be required to give a notice, but they must be moved out by the beginning of the new term. Most long-term tenancies require at least a month's notice for the landlord to rent out the property.
•    For any reason, if a tenant needs to stay a few months longer than the end of the lease, certain clauses allow this to take place with them being charged a prorated rent per month
•    State law requires that month-to-month renters give at least a ten-day notice, before the final day of the rented month, to their landlord.
•    If a tenant feels they are in danger for any reason related to domestic violence, they can terminate their lease without penalty.
Information Regarding Eviction
Eviction, also known as forcible entry and detainer, is a process whereby a landlord takes back possession of property from the tenant with the procedure of the court of law. This can happen by force or by peaceful means.
•    According to the Landlord-Tenant Handbook of Colorado, a landlord can never evict their tenants without a court order.
•    Despite popular opinion, landlords do not have to have a reason to evict their tenants.
•    If a landlord chooses to evict the tenant based on not paying rent or any other actual reason, they must give the tenant a written 3-day notice and allow them that time to pay the rent.
•    If they do not have a reason to evict their tenant, a written notice must still be given by the tenant in the amount of time stated on the lease.
•    Not responding to a court order of eviction can lead to more judgment on trial and potentially a hefty fine and the surrender of the property.
•    The tenant can file a counterclaim against their landlord if they feel they were wrongly evicted. If they win, they may not only get their court fees covered but also potentially monetary compensation.
•    Sheriffs are the only people who can physically evict a tenant.


Colorado Tenant Screening Background Checks


Landlord-Tenant Laws may not require a tenant screening background check in Colorado. However, The Koleman Group LLC and other national and local organizations highly recommend properly screening your tenant. To learn more about the Colorado tenant background check, visit the link.


Colorado Landlord Forms


All states require various forms to rent an apartment to a tenant, and Colorado is no exception. Check out The Koleman Group LLC Colorado Landlord Forms now.
 


Updated on 2022-06-07 21:33:49 by larry coleman

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