This communication is made available by Colorado Legal Services, Inc., (CLS), as a public service and is issued to inform not to advise. No person should attempt to interpret or apply any law without the assistance of an attorney. The opinions expressed in this communication are those of the authors and not those of CLS or its funding sources.

 

 

Understanding 'Legal Talk' 

Housing

Lease: a legally binding contract that determines the relationship between landlord and tenant.

Lessee: the renter.

Lessor: the landlord/ management company who rents the apartment/house to you.

Lien: a lien is a right given to a person to take or hold another person's property until some duty is paid or satisfied.

Normal Wear and Tear: a tenant is allowed to "normal wear and tear" without being charged. "Normal wear and tear" is defined as: " that deterioration which occurs based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of the household, or invited guest" (Copirg)

Notice to Cure: this notice should tell you what the landlord's complaint is and gives you the option of correcting the problem within 3 days or exiting the rental unit. You will usually receive this notice if you have not paid the rent or have violated a condition of the lease only once. If you correct the problem within three days you will not be evicted

Notice to Quit:
you do not have the option to correct the problem and you must leave the rental unit with in 3 days. You may receive this notice if you have broken the same condition of the lease several times. Link here for additional information on subsequent violations. You may also receive this type of notice if you have committed an act of violence or a drug related felony.

Security Deposit: an advance payment to insure that the tenant will fulfill the obligations of the lease. ( Link to section on security deposit).

Small Claims Court: An informal court that people can use to sue for small amounts of money, up to $7,500 without a lawyer. This is a division of county court where a judge or magistrate presides.

Subletting: where you find someone else to take over your lease. You will remain responsible for the actions of the subletting tenants until your lease expires. You should negotiate with the landlord to allow the tenants that are subletting to sign a lease so you would not be responsible for the actions of the subletting tenants.

Warranty of Habitability: in every rental agreement, the Landlord is deemed to warrant that the residential premises is fit for human habitation.

Writ of Restitution: a legal order signed by the Court authorizing the Sheriff to evict the Defendant. It is signed to be effective 48 hours after the judge grants a judgment of possession unless other terms are ordered.

 

This communication is made available by Colorado Legal Services, Inc., (CLS), as a public service and is issued to inform not to advise. No person should attempt to interpret or apply any law without the assistance of an attorney. The opinions expressed in this communication are those of the authors and not those of CLS or its funding sources.

Updated 10/08
D_39