CO Real Estate study materials
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CO Real Estate: Leases and Property Management

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Leases and Property Management

Lease fundamentals

A lease transfers possession, not title. Colorado requires a writing for leases longer than one year (statute of frauds). Know the estate for years, periodic tenancy (month-to-month), and tenancy at will. The landlord owes a warranty of habitability - water, heat, plumbing, safety - and may not retaliate against a tenant who complains or asserts rights.

Security deposits

Colorado sets no cap on most deposits. The landlord must return the deposit or deliver a written itemized statement of deductions within one month of termination, unless the lease allows a longer period up to 60 days. Wrongful withholding can expose the landlord to double or treble damages plus attorney fees. Deposits are trust funds for a property manager and never commingled with the owner's operating money.

Management is brokerage

Managing property for others - renting, collecting rents, negotiating leases - is brokerage under Colorado law and requires a broker license and a written property management agreement. Eviction goes through the courts (forcible entry and detainer); self-help lockouts are unlawful.

Traps: assuming a pet deposit can be labeled nonrefundable without lease language; treating an automatic cleaning fee as permitted; handling rent for a friend 'informally' (unlicensed brokerage); overlooking that Colorado protects additional classes beyond federal fair housing, including source of income and sexual orientation.

Rule of thumb: 30 days to account, 60 if the lease says so, with an itemized list for every dollar kept.