1. APPLICATION FEES AND RENTAL/CREDIT HISTORY
Application fees are part of any rental process. Here’s what Colorado landlords need to know about the application fee update:
- Limits the amount that can be charged
- Requires disclosure of those fees
- Requires receipts for application
- If an application is denied, you must explain why
- Refund any unused portion of the fee
- Limits the information that can be considered when processing
This update specifically applies to rental history, credit history, and criminal history of the applicant. You are no longer able to take into account the rental or credit history of an applicant beyond seven years, and criminal history beyond five years - with some exceptions.
2. BED BUGS
If you as a property manager or landlord are notified by your tenant that they suspect there may be bed bugs, you have 96 hours to have an inspection by a qualified inspector. After the inspection, you must report the findings to the tenant.
If it is determined that there are bed bugs in your Denver rental property, it is the landlord or property management firm’s responsibility to treat and eradicate the bed bug issue at the landlords expense. The tenant is not responsible for the payment or expenses, even if you believe the tenant is the one responsible for infecting the property in the first place.
3. CHANGES TO WARRANTY OF HABITABILITY: APPLIANCES ADDED
The state of Colorado already has a Warranty of Habitability law, but this updated law extends and greatly expands the tenants’ rights within under this new law.
Under the current Warranty of Habitability law, landlords are required to provide a habitable property to a tenant (i.e. running water, electricity, heat, etc.). The updated Warranty of Habitability law expands what’s considered essential in a habitable property (including appliances) and extends new rights to tenants and requirements for landlords.
Landlords are now required to give a specific response to the tenant in specific time frames. The tenant may also be able to withhold payment of rent if the landlord is not prompt enough in responding.
When a tenant does give a Warranty of Habitability notice to you as a landlord, you must:
- Respond within 24 hours with intent for remedying the condition
- Provide an estimate of when remediation will begin
- Provide an estimate of when the remediation will be completed
4. 10 DAY CURE
In the past if a tenant did not pay rent, the landlord would prepare and legally serve a notice to the property. This notice was commonly referred to as a “Three Day Notice” because once the notice had been posted, the tenant had three more days to make their rent payment before the landlord can initiate a legal eviction.
The three day notice concept used in the past has now changed to a 10 day notice in most cases. This new 10 day notice period in now required in cases where the landlord serves a notice for:
- Demand of rent
- Demand for compliance for non-monetary violations
- Notice to quit for repeat violations
This new law will impact the minimum time it takes to evict a tenant for non-payment of rent to an average of 45 to 60 days.
5. SECTION 8 HOUSING SUBSIDY – DENVER COUNTY
Landlords are now required to accept ‘Section 8’ Housing Subsidies from tenant prospects applying for housing in DENVER COUNTY. Tenants are still required to qualify to lease a property from us using the same criteria as those without the subsidy. If they meet the criteria, we must accept the housing subsidy and must apply to get the property approved with the Denver Housing Authority under the Section 8 housing requirements.
It is our goal at Citadel Property Management to keep our owners informed when Colorado Landlord. Tenant law changes or is modified as we are required to comply with all State requirements as it pertains to such. Please feel free to call or email us with any questions you might have.