A lease is a contract between the tenant and landlord stipulating the terms under which both parties will abide. The lease exists to protect both the tenant and the landlord,  the former from arbitrary eviction, the latter to assure a defined tenure. There is no requirement that a lease last for one year, they can in fact be any length, but one year leases are the most common. Some renters pay rent on a month by month basis, in which case the terms of the lease renew every month until one of the parties would like to terminate it.

The terms of a lease usually include address of the property, number of tenants in the apartment, who will pay the utilities, whether pets are allowed, and if allowed, the number and size, whether smoking is allowed in the apartment, who will maintain the grounds (in the case of a house), amount of deposit and the amount of monthly rent to be paid.. The terms of the lease remain constant throughout the life of the lease, unless the parties agree to change them.

Colorado allows for joint leases–technically known as ‘joint and several liability’– which would be the case with roommates or similar circumstances. It is important to remember that everyone who signs the lease is responsible for the rent being paid, which means that if one of the roommates cannot come up with the rent, the others on the lease are responsible for making sure it gets paid. For roommate situations, there are “roommate agreements” which state each tenant’s proportion of the rent. Keep in mind, however, that roommate agreements are between tenants of a given property, and are not binding on the landlord.

When a lease is signed, the tenant takes possession of property, which means that even though the landlord still owns the apartment, he or she may not enter the premises on that basis alone. The law refers to this as “quite enjoyment,” and includes the right for a tenant to live in a property that is properly maintained and suitable for living.  The landlord must make sure that the property has hot water, is properly heated and cooled if such things are not individually controlled, and that the trash is regularly disposed of.

Circumstances under which a lease may be terminated:

• If the tenant breaks the terms of the lease, e.g., takes on pets when no pets are allowed, this is a clear violation.
• If the tenant has shown that they are a danger to the other tenants or to the property
• If the tenant has become involved in drug selling or related matters.
• If the landlord agrees to let the tenant out of the lease. Sometimes the tenant must move because of the job transfer, or if they are buying a house. It’s best to get these sorts of things in writing, though.

There is nothing that beats a properly worded lease that contains all the terms and specifics. Some landlords buy boilerplate leases from the hardware store, but it can cost you up the road. The best thing to do is go to a lawyer and have a standard lease drawn up for your property; that way you will always be sure that your rights will be protected.