Know Before You Lease

Leasing or renting can be confusing. There are many legal implications of signing a lease agreement or contract and there can be many fines, penalties or regulations of which you may not be aware.

If you have questions about your rent, signing a lease, or other tenant-related concerns, you may consult with the OCH&NR attorney, Bruce Sarbaugh. To schedule an appointment, contact our office at 303-492-7053, och@colorado.edu or via Livechat on our website (available 9 a.m.–5 p.m. MT, Monday–Friday). Please note you must be a current, fee-paying student to utilize this benefit.

  • How much is the security deposit? (usually this is between one to two months rent)
  • Will the rent go up after a while?
  • What will I do if I need to break the lease or my plans change?
  • A co-signer, or guarantor, signs the lease with the tenant under the assumption they have agreed to fulfill all financial responsibilities and obligations in the event that the tenant fails to pay rent or violates the lease agreement. For most students, a guarantor or co-signer is a family member, relative or very close family friend.
  • Landlords or property managers will ask for qualifying information from a guarantor such as tax records, pay stubs or bank statements to confirm their eligibility to serve as your guarantor. This individual will continue to be responsible for serving as your guarantor until your lease term concludes.
  • If you are unable to find a guarantor, you may need to look for housing elsewhere. Although rare, you may be able to find a landlord or property management company that does not require a guarantor/co-signer.

In addition to the City of Boulder’s ordinances, apartment complexes each have their own rules or regulations they expect all members of their community to adhere to for the duration of their lease. For example:

  • You will be required to pay your monthly rent on time by the agreed upon rent due day – usually within the first week of the month. If you are late on your rent or bounce a check, you may be required to pay any applicable fees.
  • You are responsible for returning the property in good condition upon the conclusion of your lease. This includes cleaning, maintaining and making every effort not to damage or neglect the property.
  • You are not allowed to take on additional occupants into your unit without explicit permission of your landlord or property owner.
  • You must not create safety hazards or disturbances for other community members or the community at large.
  • You must dispose of recycling and trash in an appropriate and timely manner as outlined by your landlord or property manager.

Each landlord will have their own requirements, so be sure to read your lease thoroughly and ask any questions about policies that seem unclear.

Once you sign a lease or housing agreement you are a tenant and have rights that are outlined by local, state and federal guidelines and, in many cases, laws.

General Rights

  • You cannot be evicted without proper notice.
  • You have the right not to be discriminated against during the tenancy or rental periods.
  • You have the right to have your unit be properly serviced and repaired, if needed, in an appropriate amount of time.
  • Your landlord has the right to enter your unit for reasonable situations such as emergency maintenance or life-threatening events. However, you have the right to inquire how your landlord or property manager would expect to communicate with you about reasonable entry into your unit.
  • You have the right to have your security deposit, minus any outstanding rent or damage beyond what is deemed reasonable wear and tear, returned at the end of your lease.
  • You do often have the right to select your utility services such as cable, electricity and water if they are not included. Some properties may strongly recommend usage of may strongly recommend usage of a particular company or service. This is a good thing to speak to potential roommates about to determine how responsibilities will be distributed for these services. 

Some properties are now leasing with individual liability vs. joint liability. This means that you are responsible for only your rent and any damages to your living space (which may or may not include common areas such as a patio, living room/kitchen/bathroom) but that your roommate or roommates will be responsible as well for their respective areas.

We recommend you complete a roommate agreement.

Questions to Ask a Landlord

  • Is this a 12-month lease? Is there an option for a 9-month lease? 
  • What is the security deposit? When will it be returned? 
  • When is rent due (first of the month, end of the month)? 
  • How do I/we pay rent (check, online, etc)? 
  • How much notice do I/we have to give before leaving?
  • What happens if we need to break the lease? 
  • Are any utilities included in the rent?
  • Are subleases allowed?
  • Is your rental license on file with the city of Boulder?
  • How many people can live there? 
  • Are pets allowed? 
  • Who do I/we contact if something breaks? 
  • How are maintenance requests handled? 
  • Have there ever been any problems with mice or insects?
  • What repairs will be made to the unit before I/we move in? 
  • Is renter’s insurance required? 
  • Is there parking available? 
  • If you are renting a unit in a condo building, are there HOA rules you need to follow? 
  • Is there a set process for moving in/out (notifying management, getting access to an elevator, etc.)?
  • Who is responsible for snow removal? 
  • Who is responsible for trash? 
  • Who is responsible for yard upkeep?

Learn more about Boulder ordinances

  • What safety and security measures are in place at this property?
  • Does the apartment have a working smoke alarm and sprinkler system? When was the last time these were checked? 
  • Is there a fire escape ladder for upper floor apartments? 
  • Is there a usable fire extinguisher in the kitchen? 
  • Do you have the furnace inspected every year?
  • Does the apartment/house have a CO detector?