Fillable Printable Month to Month Rental Agreement Form - Colorado
Fillable Printable Month to Month Rental Agreement Form - Colorado
Month to Month Rental Agreement Form - Colorado
COLORADO MONTH TO MONTH
1.
Parties
This lease for the rental of residential property is between
("owner/agent")
and ("resident")
The owner is: (optional)
Name
Address Phone
The agent authorized to manage the leased premises for the owner and to enter into this lease is:
Name
Address Phone
The resident manager is:
Name
Address Phone
2. Leased
Premises
Owner/agent hereby leases to resident the premises described below:
(Street Address) (Unit No.) (City)
Colorado. The premises shall also include:
[specify furniture (inventory should be attached),** parking space, storage space, if any].
3. Term (CROSS OUT EITHER PARAGRAPH A OR PARAGRAPH B)
A.
Month-to-month.
The term of this lease shall begin at .m. o'clock on , 20 , and
end at , .m. o'clock on the last day of the same calendar month. Following such initial period, the
term of this lease shall run from month to month beginning , 20 , and shall be automatically
renewed for additional periods of one month thereafter until terminated by either party giving days
written notice prior to the end of the rental month (specify number of days -- must be at least 10). The rental
month shall begin with the due date of the monthly rent.
B. Fixed Term. The term of this lease shall be from .m. o'clock , 20 , to
.m. o'clock , 20 . No notice to terminate at the end of such fixed term is necessary
unless otherwise agreed in writing.
If resident retains possession of the premises after expiration of the fixed lease term with the permission of
owner/agent, resident and owner/agent shall continue to be bound by the terms and conditions of this lease on a
month-to-month basis. The lease may then be terminated by either party giving
to the end of the rental month (specify number of days -- must be at least 10).
days written notice prior
C. If the lease term does not begin on the first day of the month, rent shall be prorated to the last day of that
month.
4. Rent (CROSS OUT EITHER PARAGRAPH A OR PARAGRAPH B)
A.
Month-to-month.
If the lease term does not begin on the first day of the month, the first month's prorated
rent is $ , due on , 20 . The full monthly rental price for the term of this lease is $
monthly, due on the day of each month, beginning , 20 . The rental price may not be
changed without days written notice prior to the end of the rental month (specify number of days -- must
be at least 10).
B. Fixed Term. The total rental price for the term of this lease is $ . Of this amount, the first
rental payment in the amount of $ is due on , 20 . The remainder is payable in monthly
installments of $ each, due on the day of each month, beginning , 20 .
C. Rent payments shall be made to (name) at
(address). Resident shall incur and be charged $ per day as a late fee for payment of rent received
after .m. o'clock on the day of the month. Such fee, which will be considered additional
rent, may be collected immediately by owner/agent or, at owner/agent's option, such fee may be withheld from
resident's security deposit if written notice of such intended withholding is provided to resident within 45 days
of the date that the late fee is incurred. The giving of such notice of intent shall not relieve owner/agent
of any obligation pertaining to the security deposit set forth in section 6 of this lease. Late fees may be waived
if owner/agent agrees in writing. Resident should request such waiver by
notifying
owner/agent on or before
the rental due date and mutually arranging analternative payment
date.**
A charge of up to $ may be imposed for any resident's check returned to owner/agent because of
insufficient funds, whether the check is for rent, security deposit, or other payment.
Any late fee and returned check charge shall be a reasonable estimate of the administrative costs incurred by
owner/agent.
5.
Notice
Unless otherwise specified in this lease, all notices provided by this lease shall be in writing and shall be
delivered to the other party personally, or sent by first class mail, postage pre-paid, or securely and
conspicuously posted, as follows:
To resident: at the premises, or at resident's last known address
To owner/agent: at
Notice to one resident shall be deemed to be notice to all residents.
6. Security Deposit (CROSS OUT EITHER PARAGRAPH A OR PARAGRAPH B)
A. Resident has paid owner/agent the sum of $ as a security deposit to secure the performance of
this rental agreement.
B. By optional and mutual agreement between owner/agent and resident, resident agrees to pay the security
deposit in the total amount of $ , according to the following payment schedule:
C. Any advance or deposit of money, whether termed last month's rent, damage deposit, or security deposit,
constitutes a security deposit under this section.
D. Resident may not use the security deposit in place of rent without the written permission of owner/agent.
E. Simple interest per annum shall be paid within one month of termination of the lease or surrender and
acceptance of the premises, whichever occurs last, on the full amount of the deposit in the owner/agent’s
possession. The interest rate will calculated in accordance with Boulder City Council Ordinance 7320 which
establishes interest rates each year.
F. It is the duty of resident to return the premises, including any outside areas, yards or driveways required to
be maintained by resident under this lease, to their condition at the commencement of this lease, except for
normal wear and tear. Colorado statelaw defines normal wearand tearas:"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 his household, or their invitees or guests."**
G. Owner/agent shall return the security deposit to resident within one month after termination of this lease or
surrender and acceptance of the premises, whichever occurs last, unless a longer period of time for return of the
deposit is specified here: days (specify number of day -- must not be more than 60). If actual cause
exists for retaining any portion of the security deposit, owner/agent shall provide resident with a written
statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is
delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount
retained. Owner/agent is deemed to have complied with this paragraph G by mailing said statement and any
payment required to the last known address of resident. The failure of owner/agent to provide a written
statement within the period of time stated above shall work a forfeiture of all owner/agent's rights to withhold
any portion of the security deposit.
H. Owner/agent, at owner/agent's option, may use resident's security deposit during the term of this lease to
fulfill resident's obligations under this lease. Nothing in this paragraph H shall relieve owner/agent of any
obligation created by the state security deposit law set forth in Colorado Revised Statutes 1973, section
38-12-101 et seq.
7.
Eviction/holdingover
A. Owner/agent may evict resident from the premises or undertake other legal action to regain possession for
non-payment of rent or substantial breach of the lease.
B. Resident shall continue to be liable for rent and be bound by the other provisions of this lease during the
time resident remains in possession of the leased premises even though owner/agent has chosen to seek eviction
because of resident's breach of this lease.
C. If the premises are abandoned or if resident is evicted, resident will remain liable for any loss of rent for
the remainder of the lease term. Owner/agent will attempt to re-rent the premises to minimize any loss.
D. Eviction procedures, including notice requirements, as set forth in Colorado Revised Statutes 1973,
section 13-40-101 et seq. (court-ordered evictions) shall be the sole remedy available to owner/agent to evict a
resident.
8.
Occupancy
No more than persons may reside in the leased premises
For information on occupancy limits under City of Boulder zoning laws,callthe City Zoning
Department,
441-3280.**
Resident shall not allow guests to stay upon the premises more than days per month without written
consent of owner/agent.
9. Use
Resident shall use the premises for residential purposes only unless otherwise agreed in writing.
Resident shall not engage in any illegal activities on the premises.
10.
Utilities
Resident shall be responsible for paying for the following utilities or services connected with the premises
(check those applicable):
A. water
B. sewer
C. electricity
D. gas
E. phone (if desired)
F. trash pick-up
G. other
H. other
Within 3 business days after the beginning of the lease term, resident shall arrange for such utilities or services
and for billing directly to resident, unless otherwise agreed here:
Provision of and the payment for utilities and services listed above but not checked shall be the responsibility of
owner/agent.
The party responsible for any particular utility or service shall not be liable for failure to furnish the utility or
service when the cause of such failure is beyond that party's control.
11.
Privacy
Resident shall permit owner/agent to enter the premises at reasonable times and upon reasonable notice for the
purpose of making necessary or convenient repairs or reasonable inspections, or to show the premises to
prospective residents, purchasers, or lenders. Entry may be made without prior notice only if owner/agent
reasonably believes that an emergency exists, such as a fire or broken water pipe, or that the premises have been
abandoned.
12.
Assignment/subleasing/release
Resident shall not assign this lease, or sublet any portion of the leased premises, for any part or all of the term of
this lease without prior written consent of owner/agent.
Owner/agent agrees to release resident from this lease if resident finds a replacement resident, acceptable to
owner/agent, who will sign a new lease for the remaining term. Owner/agent shall exercise good faith and
reasonableness in accepting a replacement resident.
13. Noise and
Nuisance
Resident agrees not to make any excessive noise or to create any nuisance such as will disturb the peace and
quiet of neighbors.
14. Rules and
Regulations
Resident agrees to abide by all rules and regulations in effect at the time of signing this lease (a copy of which
is attached to and hereby made part of this lease) and to such amended rules or regulations which resident
agrees toinwriting.
15.
Check-in/check-out
sh
eet
A check-in/check-out sheet may be attached to this lease. Complete and sign this form within seven days of
occupancy in order to help protect both
parties.
**
16.
Furnishings
If the premises are furnished, a separate inventory of the furnishings, including their condition, may be attached
to this lease. Both parties should complete and sign this form within seven days of occupancy in order to help
protect both
parties.
**
17. Repairs and
Maintenance
Rental property in the Cityof Boulder is required to have a rental license. In order to have a rental license, the
property must be in compliance with the City of Boulder Housing code, which establishes
minimum
health,
safetyand maintenance standards for housing in the City.**
If repairs are required in order for the premises to be in compliance with the Boulder Housing code,
owner/agent shall be responsible for making such repairs. (specify
"owner/agent" or "resident") shall be responsible for payment of any costs of such repairs unless the repairs
were necessitated by the negligence or willful acts of the other party to this lease. If resident believes repairs
are necessary, resident should contact owner/agent and request such repairs. If owner/agent does not correct the
problem within a reasonable time,resident should contact the Boulder Housing Inspection Division (441-3152)
to request
assistance.**
Resident shall not make repairs without written consent of owner/agent.
Resident shall pay reasonable charges (other than for normal wear and tear) for the repair of damage to the
premises or common areas caused by the negligence or willful acts of resident, members of resident's
household, or guests. Excessive damage to the premises by resident, members of resident's household, or guests
shall be grounds for owner/agent to evict resident.
18.
Constructive Eviction
When conditions beyond the control of resident cause the premises to become legally
uninhabitable,
and when
owner/agent is responsible for remedying those conditions but does not do so within a reasonable time after
notification by resident, resident may vacate the premises, terminate this lease, and owe no future rent. It is
recommended that resident consult legal counsel prior to exercising the remedy of constructive eviction.**
19. Outside
Ma
intenance
A. Resident shall be responsible for the routine care and maintenance of the yard and outside areas as follows:
(check those applicable):
1. mowing lawn
2. watering lawn, shrubs and trees
3. removing weeds
4. raking leaves
5. removing snow and ice from:
sidewalks and walkways
driveways
parking areas
6. other
7. other
The routine care and maintenance of items listed above but not checked shall be the responsibility of
owner/agent.
B. Resident's obligation to perform any task set forth in paragraph 19.A. is subject to owner/agent supplying
resident with equipment appropriate to the task as follows (check those applicable):
1. lawn mower
2. hoses and sprinklers
3. rake
4. snow shovel
5. other
6. other
20.
Alterations
to
Premises
Resident agrees that before making alterations to the premises including, for example, painting, adding or
changing door locks, or altering landscaping, advance written consent of owner/agent will be obtained.
21.
Pets
No pet shall be allowed without prior written consent of owner/agent
(Insert consent, if any).
22.
Parking
23.
Insurance
Owner/agent's insurance does not cover resident's personal possessions in the event
of
loss or damage due to
fire, windstorm, flood, theft, vandalism, or other similarcause. If resident desires to insure
personal
possessions or to insure against resident's personal liability, renter's insurance should be
obtained.**
24.
Attorney's
fees
In the event of any legal action concerning this lease which results in a judgement, the losing party shall pay to
the prevailing party reasonable attorney's fees and court costs to be fixed by the court.
25.
Liability
Resident will only be liable for the injury to any person or damage to any property caused by the negligence or
willful acts of resident. Owner/agent will only be liable for the injury to any person or damage to any property
caused by the negligence or willful acts of owner/agent.
26.
Subordination
This lease shall be subordinate to all existing and future mortgages and deeds of trust upon the property.
27.
Waiver
Any waiver by either party of any breach of any provision of this lease shall not be considered to be a
continuing waiver or a waiver of a subsequent breach of the same or a different provision of this lease.
28.
Severability
The unenforceability of any provision or provisions of this lease shall not affect the enforceability of any other
provision or provisions.
29. Joint and Several
Liab
ility
If this lease is signed on behalf of resident by more than one person, then the liability of the persons so signing
shall be joint and several. The language "joint and several" means that ifmore than one person has signed this
lease,then each of these persons individually and allof these persons
collectively
are
fully
responsible for
fulfilling
allof the obligations of this lease, except where expressly otherwise agreed betweenowner/agent
and
resident. For example, one person signing the lease maybe liable for any or alldamages to the premises, even
ifcaused by another person signing the lease, and one person signing the lease is liable for the total amount of
rent due, even though other persons have also signed the
lease.**
30.
Signatures/amendment
of
lease
This lease contains the entire agreement of the parties and may not be altered or amended except by mutual
written agreement signed by both parties.
Signed this day of , 20 .
Owner/agent
Resident
NOTE: This model leasehas been recommended by the Boulder City Council for use by lessors and lessees of
residential property in the City of Boulder. The provisions of the model leasewillbe reviewed
periodically.
Comments
and suggestions pertaining to the model leasefrom both lessors and lessees of residential
property
are welcome. Written
comments
and suggestions may be mailed to City of Boulder, City Council
Office,
P.O.
Box
791, Boulder, CO 80306.**
SAMPLE
F
ORM
This is a sample form of a check-in/check-out sheet. It may be used as is, it may be modified to suit your
needs, or you may replace the sample form and attach your own check-in/check-out sheet to the lease. If you do
not wish to use
the sample form, it is suggested that this page be marked with an "X".
CHECK
ONLYIF
DEFECTIVE:
COMMENTS
CHECK
ONLYIF
DEFECTIVE
COMMENTS
Move-in
Move-in
LIVING
ROOM
Carpets
Drapes
Walls & Woodwork
Windows & Tracks
Screens
Heat Registers
Light Fixtures
Air Conditioner
BEDROOMS
Carpet
Drapes
Walls & Woodwork
Windows & Screens
Heat Registers
Light Fixtures
Closet & Doors
BATHROOMS
Ceramic Tiles
Bathtub & Sink
Toilet Bowl & Base
Mirror & Medicine Cabinet
Vanity - Inside and Out
Light Fixtures
Floor Covering Walls
& Woodwork
Windows & Screens
Towel Bars
Shower Rod
KITCHEN
R
ange:
Move-out
Move-out
Surface Areas
Burners Drip
Pans Oven &
Racks
Broiler Pan & Rack
Range Drawer
Exhaust Fan
R
efrigerator:
Surface Areas
Freezer Ice
Trays Interior
Areas
General: Cabinets/Drawers
Sink & Disposal
Walls & Woodwork
Light Fixtures
Windows &
Screens
Floor Covering
GENERAL
Hallways - Walls
Hallways - Carpet
Storage Closets
Entry Door
Coat Closet
Light Fixtures
Miscellaneous:
Owner/agent will make the following repairs by the following dates:
Repair
Completion D
a
t
e
Checked at move-in
by on , 20 .
(signature of owner/agent) (date)
and on , 20 .
(signature of resident) (date)
Checked at move-out by
by on , 20 .
(signature of owner/agent) (date)
and on , 20 .
(signature of resident) (date)
** THE PORTIONS OFTHIS LEASEWHICH APPEARIN ITALICS ARE FOR
EDUCATIONAL
OR
INFORMATIONAL
PURPOSES ONLY. THEYARE NOTPART OFTHE
LEASE
AGREEEMENT
ITSELF AND DO NOTCREATE ANY
OBLIGATIONS
UNDERTHE
LEASE.
