Commuter / Off Campus Student

There are several considerations in the selection of desirable rental property.

• Reputation and practices of prospective landlord. It is best to question the present tenants.  Visit the rental unit to find out how satisfied residents are with the landlord, especially regarding repairs, rent increases and general promises made by the landlord or manager.

• Livability of rental housing.  Factors to be considered in the selection of rental housing will differ from person to person and family to family.  The following list will give some ideas to consider.

• Environment. Traffic, parking space for tenants and visitors, temporary parking for service and delivery vehicles, noise, smoke, dust, odors, adjacent dwellings, general neighborhood, access to public transportation, access to shopping areas.

• Health and Safety. Crime rates (check with local police), pets (restrictions on pets in building and neighborhood), fire exits and routes present and clearly marked, lighting on streets and walks, police protection, building security, railing on stairways, locks on doors, locks on windows.

• Services. Maintenance and repair, garbage and trash collection, care of public areas and building exterior.

• Recreation. Play areas for children, space for social gathering and hobbies.

• Design characteristics. Outside appearance, view from windows. interior space, privacy, storage, laundry facilities, wall and floor coverings, room arrangement, size of rooms, sound insulation, lighting, efficiency and convenience of kitchen and dining areas, appliances, work areas, adequate storage.

• Utilities. Heating and cooling systems, telephone and television installation available, convenient light switches, ventilation to exterior in bath and kitchen, low plumbing noise level.

• Inspection of rental unit. A person should inspect the inside and outside of the premises thoroughly before renting.  If repairs are needed, arrangements should be made in writing with the landlord for these to be done by a stated date.  A damage inventory should be made before moving in.

Students' Guide to Fair Housing:

There are both state and federal laws that prohibit discrimination in housing.  Those laws prohibit discrimination in housing based on RACE, CREED, RELIGION, NATIONAL ORIGIN, ANCESTRY, SEX, MARITAL STATUS, HANDICAP, AND FAMILY STATUS (which is families with children under the age of 18).

Discrimination on the basis of age is not against the law (except for minors under 18 living with parents).

Discrimination against students is not against the law.

A landlord cannot legally rent to American students and refuse foreign students, nor can they charge different amounts for deposit or rent based on ethnic background or country of origin.

Ads such as "No Singles" or "Married Couple preferred" are illegal.  Landlords may not charge security deposits or rents on a "per person" basis, so that the total for unmarried couples is larger than for married couples.

If you feel you have been discriminated against, call the Colorado Civil Rights Office at 800-262-4845 (Toll Free English/Spanish), or call the Colorado Springs Office at 633-7518.

Landlord/Tenant Rights: (from the Colorado Division of Housing)

            Leases: A lease (a written rental agreement) sets up the rules between the tenant and the landlord regarding the rental unit.  A lease should protect both the landlord and the tenant.  Leases can be set for any length of time, but most are for six months or one year.  Examples of other provisions a lease sets forth are: identification of the leased property, security deposit, rent amount, rent due date, late penalty fee, utility responsibilities, yard care, trash removal, repair responsibility, subleasing and whether pets are allowed.  During the term of a lease, changes cannot be made to the lease unless mutually agreed to by both the landlord and the tenant.  The lease must be signed by the landlord and the tenant.  If there is something in the lease that you do not understand or agree with, DO NOT SIGN IT until the issue is resolved.  Once the lease is signed, both parties are bound to it.  A standard lease form can be obtained from a book or office supply store.  Provisions can be added to these forms to meet any special needs.  If there is not a written lease and the rent is paid monthly, the tenancy is considered month-to-month.

            Moving-In: At the time of move-in, a tenant should create a file in which to keep important documents related to their rental housing.  The file should contain receipts for all deposits, the lease, existing list of damages to the unit, monthly rent receipts and any other documents that pertain to their rental housing.  When moving into a rental unit it is very important for the landlord and the tenant to examine the conditions of the rental unit.  All existing damages in the rental unit should be listed in writing and signed by both the landlord and tenant.  This will avoid untold arguments pertaining to the refund of the security deposit and additional damage claims.  If the landlord will not sign the list of existing damages noted, then a neutral witness should be present when the family inspects the rental unit.  This witness can sign the existing damage list.

            Moving-Out: Before moving out, both the tenant and landlord should inspect the rental unit.  A written statement of the condition of the unit should be signed by both parties.  If the landlord refuses to inspect the unit at move-out, then the tenant should obtain a neutral witness to check the conditions of the unit with them.  Again, a statement of the condition should be signed by both.

            Security Deposit and/or Damage Deposit: A security deposit, (a.k.a. damage deposit) is a payment of money by a tenant to a landlord to cover damage or cleaning of a rental unit.  A landlord cannot keep the security deposit to cover normal wear and tear.  A landlord can keep all or part of the security deposit to cover damage caused by the tenant's negligence, intentional abuse or cleaning beyond normal wear and tear.  Normal wear and tear is painting the walls or shampooing the carpets to prepare the unit for the next renter.  A landlord can utilize small claims court to collect money owed for damages that exceed the security deposit collected.

            Return of the Deposit: When a tenant leaves a rental unit, the landlord has 30 days (unless stipulated differently in the lease) to return the security deposit or send a written list of damages and the amount of money owed for repairs to the tenant.  The above must be sent to the tenant's last known address.  If a security deposit is wrongly withheld, the tenant could receive a judgment of three times the amount wrongfully withheld, plus court costs and attorney's fees.  A tenant may utilize small claims court for this purpose.

            Rent Increases: If a lease exists, the rent is locked in for the term of the lease.  If there is not a lease, a landlord can increase a tenant's rent by giving the following written notice: 10 days written notice before rent is due if rent is paid once a month; 3 days written notice before rent is due if rent is paid weekly or semi-monthly.  Mobile Home Parks: 60 days written notice required for rent increases on space when not protected by a lease for a longer period of time.

            Trespass by Landlord: The tenant has the right to peaceful enjoyment of the property, but this right can be modified by the lease.  Unless the lease provides otherwise, the landlord does not have a right to enter the property without permission of the tenant except to demand payment of rent or to make emergency repairs.  A tenant can sue a landlord for violating the tenant's rights.

            Lockout by Landlord: Under most circumstances, a landlord should not "lockout" a tenant for any reason without a court order.  The landlord may be held responsible for interfering with the tenant's right to "peaceful possession" until a legal court eviction.  A landlord who illegally locks out a tenant risks being sued for damages.

            Eviction- The only way a landlord can legally evict a tenant is by going through the legal eviction process.  A landlord may evict a tenant for the following 3 reasons:

• 1. Failure to pay rent on time. The landlord must first give the tenant a written notice* demanding that the tenant either pay the rent or move out within 3 days.  If the tenant fails to pay or move, the landlord may on the 4th day commence an eviction proceeding in county court.  The tenant may contest the eviction if the tenant think there are legal grounds by filing an answer on or before the time set by the court.  If the tenant fails to answer or appear on the date indicated in the eviction papers, the tenant will then have 48 hours to vacate or be forcibly removed by the sheriff's department.

• 2. Breaking any terms of the lease.  If the tenant breaks any of the written or oral terms of the lease, the tenant may be evicted in much the same manner as nonpayment of rent.  In such cases, the landlord must give the tenant written notice of the lease violation and 3 days to remedy the situation or move.  If the tenant fails to comply or move, the landlord on the 4th day may commence eviction proceedings in county court.

• 3. No reason.  If the landlord wants to evict a tenant at the end of the lease period, the landlord can do so without giving a reason, but the landlord must give the tenant proper notice to leave.  Notice to vacate must be served upon the tenant in a specified number of days before the end of the rental period.  The length of the lease period is determined by the frequency of rental payments.  For example, if the rent is due each month, it is a month-to-month tenancy or lease.  Notice to vacate requirements for rental lease periods are as follows:

                              1 year or longer - 3 months

                              6 months to one year - 1 month

                              1 month to 6 months - 10 days

                              1 week to 1 month - 3 days, and

                              Less than 1 week - 1 day. 

       If the tenant fails to leave, the landlord, again, must follow the    procedures.

• * Written Notice should contain the following:

                1. The date

                2. The address of the rental unit

                 3. The dollar amount of the rent owed or the lease violation.

                4. The tenant?s options of paying the rent or complying with the lease within three days or vacating the unit.

                5. The notice must be signed by the landlord or the agent for the landlord.

                6. If the tenant pays the full rent owed and/or complies with other terms of the lease within 3 days,this cancels the eviction

                7. The Computation of Time law states that the 3 day period begins the day after the notice is given, and the last day of the 3 days cannot end on a Saturday, Sunday, or legal holiday.

Other Things to Consider:

                If your parents claim you as a dependant, first check to see if you might be covered under their policy.  Usually, students are covered up to ten percent of their parents' insurance.  Even if you are paying in-state tuition and your parents live out of state, you may still qualify on your parents' policy.

• Inventory Valuables - Keep an updated inventory of your valuables by writing down serial numbers with descriptions of each item.  Photographs should be taken of everything, but especially items that cannot be marked.  If you have access to an engraver, mark your social security or drivers license numbers in two places, one visible and the other hidden.  

                    Keep a list of your valuables in a safe deposit box or another secure place.  You can also give one to your insurance agent.

• Security Precautions - When inspecting a house unit, be sure to check the exterior for adequate lighting in parking areas, pathways, front door, and surrounding areas that you may be using. 

                    When you check the interior, look for dead bolt locks.  Check for a peep-hole in the door with a 180-degree view.  Make sure sliding doors are secure.

It's The Law