Duty to Preserve the Premises in Colorado

Both landlords and tenants in Greeley, Montrose, and other Colorado communities have a vested interest in maintaining a rental property. For renters, it’s their home and of course they want a comfortable and safe place to live. For landlords, the property represents an investment and, naturally, they want to protect their asset. The duty to preserve the premises in Colorado is an obligation for both tenants and landlords.

Unfortunately, it’s also a common cause of disagreements. The renter and landlord may not see eye to eye about who is responsible for what when it comes to maintenance and repairs. There may also be quarrels about what reasonable care of the property should look like. Don’t let these clashes interfere with your rights. If you can’t agree, contact the Denver offices of Flaxman Law Group at 970-999-0530 for a consultation. Talking to a Colorado landlord-tenant premises attorney can help you protect your rights as a renter or landlord and can help you find a reasonable solution.

In Colorado, while there may not be specific laws directly referred to as "Duty to Preserve the Premises," there are regulations in place that safeguard landlords from tenant-inflicted damage. Renters have three main obligations when it comes to protecting their rental:

• Not causing harm on purpose. While wear and tear and accidents can happen, renters are expected not to cause unreasonable damage.
• Not neglecting the property. Tenants should take reasonable steps to keep the property in good repair. This can mean keeping the rental clean, for example, or letting the landlord know about any maintenance or repairs that are needed.
• Not making significant changes to the property without a landlord’s permission. If you’re a tenant and decide to re-tile the bathroom or repaint the walls, it can impact the value or attractiveness of the property for future renters. It could also be against the lease agreement.

When you as a tenant take good care of the property, you can expect most or all of your security deposit back. You can also help avoid an eviction for causing damage to the property and you reduce the risk that your landlord will sue you to seek compensation for property damage.

If you’re a landlord in Greeley, Montrose, or any other Colorado community, you also have a role to play in preserving your investment property. Here are a few things you can do:

• Regularly inspect and maintain the property.
• Keep communication open with renters so you’re aware if anything requires repairs.
• Complete repairs promptly when tenants report a problem, so you can prevent further damage to the property.
• Collect security deposits, in accordance with Colorado law, to protect yourself in the event of tenant damage.

Landlords and tenants do not always agree over what both parties need to do to. A common dispute that arises when it comes to the tenant’s duty to preserve the premises has to do with security deposits. Landlords will often hold back part of the security deposit to cover damage. Since in Colorado landlords are not permitted to apply security deposits to cover the normal wear and tear that naturally occurs in a property, it’s not uncommon for tenants to claim that damage was normal wear and tear. The question then becomes: "What exactly distinguishes wear and tear from damages?"

According to Section 38-12-102, C.R.S., normal wear and tear is the deterioration that naturally occurs based in the course of the property's intended use. It can include:

• Faded paint
• Worn carpet or floors in high-traffic areas
• Hard water deposits
• Loose door locks

Damage, on the other hand, includes any harm or deterioration to the property that happens because of negligence, illegal activity, carelessness, accidents, or intentional actions. Damage can be caused by the tenant, their pets, or visitors to the property. This can include:

• Excessive dirt
• Large holes in the wall
• Water damage from unreported leaks
• Scratches on the walls and stains on the carpet from pets
• Unreturned or broken keys

Even with these guidelines, it’s not uncommon for landlords and tenants to turn to a Colorado landlord-tenant premises attorney because they can’t agree about wear and tear and the duty to preserve the premises.

If you find yourself in this situation, contact Flaxman Law Group’s Denver offices to speak to a Colorado landlord-tenant premises lawyer. We can evaluate the situation and help you determine how the law applies to your situation. With Flaxman Law Group, you’re in good hands. Our founder is not just an attorney but also the chairman of the board for the local neighborhood police patrol, a testament to his dedication to the community. He tirelessly works on behalf of homeowners and his community.

When you work with a Colorado landlord-tenant premises attorney at Flaxman Law Group, you also work with a team with more than 60 years of combined experience. Our family-based law firm and Colorado landlord-tenant premises attorneys provide services in both English and Spanish to cater to a wide range of clients. Plus, our attorneys offer personal cell phone numbers to every client, ensuring 24/7 access when you need it most. Contact us today at 970-999-0530 to claim your consultation with a Colorado landlord-tenant premises attorney.