If you are considering relocating to a mountain community, renting is a great way to experience that lifestyle before taking the plunge and buying a home. One-night stays are typically discouraged or prohibited with most rental properties so whether your needs are to experience the lifestyle or to enjoy a vacation, expect the minimum stay to be at least two to seven days depending on the season. High season is July and August and December through March, shoulder season is June, September, November, April and May and off-season is January, February and October.
Applicants and Rental Agreements
You’ve found a place you can call your temporary home and now you want to take the steps to secure it. Landlords or property owner will ask you to fill out an application. Today rental application fees are limited to actual costs. Tenants are entitled to a disclosure of estimated costs and a receipt for the payment. Any amount of the fee not actually spent by landlord must be returned to the renter within 20 days.
Never lease on a handshake. Secure a written rental agreement. Colorado law requires that the landlord provide renters with a copy of the agreement within seven days of signature. For any payment made in person by cash or money order, the landlord must furnish renters with a receipt at the same time. For any payment made by cash or money order that is not delivered in person, the landlord is required to provide a receipt within seven days of your request. If you need a lease to extend longer than one year, Colorado law requires a writing under C.R.S. § 38-10-108. The City of Boulder requires any lease of more than 30 days to be in writing. The property owner may also. include additional charges for things such as housekeeping service, shuttle service, parking, spa access, cable TV, internet and/or other available amenities.
As a renter, you can expect to pay a security deposit for damage and a prepayment of at least the equivalent of one night and as much as a week or month depending upon your length of stay. Before supplying a credit card number or otherwise making a payment, always inquire about the refund policy for cancellation and when your damage deposit will be returned. Try to obtain this information in writing. In Colorado, if you are renting a home or a condominium the law requires that your security deposit be returned within one month, unless the rental agreement specifies a longer period of time, which cannot exceed 60 days. For a short-term rental, ask that this time period be shortened to a few days at most. Since short-term rentals turn over frequently, any reasons to hold back your security deposit should be known the day you check out. Your security deposit cannot be withheld due to ordinary wear and tear. If any of your security is to be withheld, you are entitled within the time provided to a written statement listing the exact reasons and a check for the balance. The landlord forfeits his right to withhold any portion of the security deposit if he fails to provide such a statement. If there is a problem, you may want to consult with an attorney.
Your Rental Obligations
Most leases require you to pay rent even if there is a problem with the premises (e.g., a leaking roof). Non-payment on the grounds of such conditions could expose you to an eviction. However, there is some legislation in Colorado that affords tenants with certain rights upon the occurrence of such a condition. Under Colorado law, and except as noted below, managers, owners or other persons leasing residential premises must make certain warranties about the rental home or other unit. The warranty of habitability is one of the main warranties implied in every rental agreement. This warranty requires that a rental home or unit will maintain certain standards, including but not limited to, proper weather protection for the roof and exterior walls of the home, functional plumbing and gas facilities, running water (including hot water), functioning heating facilities, and that the home is in general good condition and complies with applicable building, housing and health codes.
Once you move in, If you find that a rental unit does not conform to these standards, the law provides you with the opportunity to terminate the rental agreement upon proper notice to the owner, manager or other person leasing the premises if the problem is not remedied within a certain amount of time. However, the landlord has not breached the warranty of habitability if the uninhabitable condition of the property is caused by your misconduct, or the misconduct or someone under your direction or control. Landlords of a mobile home park or four or fewer units or a single-family home can, by the language of your lease agreement, opt out of these warranties and shift the obligations to the tenant.
If a tenant gives a landlord notice that there is a present condition that materially interferes with life, health or safety, the landlord has 24 hours to commence remediation and the tenant may request that landlord pay for a hotel room until the condition is remedied. However, the tenant remains liable to pay rent. Tenants also have the right to require landlords to take certain actions regarding mold or bed bugs. Finally,
In a roommate situation where two or more people each pay a share of the rent and one roommate does not pay his or her share, this will not postpone your liability for full payment of rent on time, so ensure that anyone you are partnering with a rental on will be able to fund the renal, as well.
Termination is the end of a rental period and occurs at the end of the lease term or after mutual agreement prior to the end of the lease term. If you move into a property and pay rent without signing a lease and without agreeing to any specific term, a month-to-month lease is implied. Month-to-month leases are automatically renewed each month unless otherwise terminated by you or the landlord. In order to terminate a month-to-month lease, you must give the landlord written notice of at least ten days before the last day of the rental month. If a written lease has a date of termination or a definite term, the lease will expire at that time, no notice of termination is necessary and you are obligated to relocate on that date. If you remain on a property with the landlord’s consent after the term of a written lease expires and the lease is silent about what happens then, a month-to-month lease is created. Some written leases automatically renew unless a notice of non-renewal is given.
Additional Helpful Facts
Short-term rentals, including homes for less than 30 days, are subject to lodging and sales taxes (or in the case of Beaver Creek, an assessment) which range from 6.9% to 12.8%. This can amount to a considerable sum of money. As of the writing of this article, lodging taxes are as follows: Avon 8%, Beaver Creek 10.71%, Vail 9.8%, Aspen 11.3%, Snowmass Village 12.8%, and outside Aspen or Snowmass Village limits in Pitkin County 6.9%. If your rental is more than 30 consecutive days, there is no sales tax as the rental is considered a lease rather than a short-term accommodation.
If you are renting a home constructed before 1978 and you have a written agreement, the landlord is expected to provide a lead-based paint disclosure. And, although possession of small amounts of recreational marijuana for persons over 21 is legal under Colorado law, it is still a federal crime and landlords can, in a lease agreement, prohibit any possession or use of marijuana.
If you are interested in a mountain rental, below are some websites you can visit for availability. We do not endorse or warrant anything you may find on these websites, and they are provided for informational purposes only.
https://book.stayaspensnowmass.com/ecomm/Shop/Lodging/3783318
http://www.beavercreekresortproperties.com/vbcrp/info/avon_village_colorado.aspx
http://www.skitown.com/resortguide/lodging.cfm/s0/co39/Vail
http://www.vail.com/lodging-and-dining/lodging/lodging.aspx
http://www.vailmanagement.com/
http://www.vrbo.com/vacation-rentals/usa/colorado/northwest/aspen
Disclaimer: Garfield & Hecht’s Real Estate Insights Blog is designed to offer useful information about renting, buying, or selling a mountain property. Reading or sharing any one or more of these articles does not make you a client of this firm or constitute legal advice. Our blogs are general in nature; may not answer or even address questions specific to your particular transaction and in no way are a substitute for advice you may obtain from an attorney. Blog posts are not updated on a regular basis, and since posting on our website there may be changes in laws or new information not included herein.
