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Helpful Hints To Renting In The Durango Area
The Fort Lewis College Off Campus Housing Service is located at the Information Center in the College Union Building and is designed to help students deal with the difficulties of finding housing in the Durango area. The service maintains a listing of available rooms, houses, apartments, condominiums, efficiencies, rooms in private residences and mobile homes. The Off Campus Housing Service DOES NOT place students, take deposits for rentals, provide references, make inspections regarding the conditions of the listed properties, or assume any responsibility for the contractual relationship between the student and the landlord.
Keys to Finding Housing
Look Early! It is important to arrive a few weeks before the term begins in order to secure housing but also look early on the WEB. Look Everywhere! Use the FLC Off-Campus Housing listing service updated regularly posted in the College Building and linked to the FLC WEB page, bulletin boards found throughout the campus and community, and the classified section of the local paper, The Durango Herald (www.durangoherald.com), and the college newspaper, The Independent (published during the academic year). Ask Around! Talk to friends, relatives and local residents to find rental opportunities. Also, drive around town and look for "For Rent" signs because sometimes the best deals go unadvertised. Use a rental listing service. Put Up Your Own Posters! (For campus posting get posters approved at the Information Center, College Union Building)
What to Expect
Before you begin your search for housing, decide what type of housing you need/want. The decision on what type of housing you rent will be influenced by the cost, location, transportation, lease, pets and so on.
Typical rents in the Durango area (remember that prices will vary greatly and utilities are often not included). Room (in a house) $300-$350 One-bedroom/Studio Apt. $450-$550 Two-bedroom Apt. $550-$800 Two-bedroom House $650-$950 Three-bedroom House $800-$1200
Inspect It
Closely inspect the entire premises, including: furniture, wiring, ventilation, sound proofing, insulation, plumbing, heating equipment, roof leaks and potential fire hazards. Look outside and pay particular attention to windows, screens, storm windows, foundation, roof and general condition of the structure. Talk to the current tenants, if possible. Ask what problems, if any, they have experienced with the landlord or the unit.
If, after inspection, you decide to rent the premises, make a list of the needed repairs. A sample of such a checklist is attached (see page 13).
Selection of Roomates
Select your roommates carefully. There are legal, financial, and personal implications to consider which will affect your living arrangement. The following are some issues which may cause conflict. RESPONSIBILITIES: for housekeeping, cooking, etc. STUDY AND LEISURE HABITS: noise levels, music, entertainment, alcohol and drug issues, cohabitation, etc. PAYMENT: of rent, utilities, groceries, etc. STANDARD OF LIVING: cleanliness vs. messiness.
Most leases bind roommates to JOINT and SEVERAL LIABILITY. Under this clause, if one roommate moves out, the other roommate(s) is responsible for that person's share of rent and any damages. Roommates may have recourse by holding the security deposit or by filing a suit in small claims court. We strongly urge roommates to sign a Roommate Agreement (see page 11), which clarifies questions of payment and living standards.
Leases
Don't sign a lease or pay a security deposit unless you want to live in that house. Some tenants sign a lease for the first available rental they find, hoping to use that house as insurance in case they can't find anything better. Unfortunately, the lease or security deposit is not insurance; they are binding legal documents.
A lease can be ORAL or WRITTEN, MONTH-TO MONTH or TERM. Each had advantages and disadvantages for both the tenant and the landlord. Oral agreements are binding, but they are very difficult to prove. Even if you are renting on a month-to-month basis, it may be best to put the agreement in writing.
A MONTH-TO-MONTH agreement, whether oral or written, is a contract for one month at a time. The landlord can raise the rent, alter, or terminate the agreement at the end of any rental month, provided the proper notice is given. "Proper notice" in a month-to-month tenancy occurs when written notice is given no less than 10 days before the end of the month. You and your landlord may agree on a longer notice period. A month-to-month lease allows the tenant to easily terminate the contract if "proper notice" is given. Always keep a copy of your written notice.
A TERM LEASE provides more protection for the tenant against rent increases, changes to the contract, or termination of the contract before the term is over. Providing you don't breach your lease, the landlord is obligated to rent the unit to you for the length of time, under the conditions, and for the rent amount, outlined in the lease. A disadvantage to the tenant is that it is not as easy to terminate a term lease. You are obligated to pay the rent and fulfill the condition of the contract for the length of the lease.
Make sure that your lease protects your interests, not just the landlord's. Try to delete or modify clauses that are disadvantageous to you. As in any business transaction, everything is negotiable until the contract is signed. All lease clauses are negotiable, but to be binding any changes made on a lease must be initialed and dated by the landlord and tenants.
Most leases require a six month to one year commitment along with a security/damage deposit which is often one month's rent. It is important to read your lease carefully because it is a legally binding agreement for all parties over 18 years of age. Be sure you know what you are committing yourself to when you sign the lease !!! Lease agreements are the sole responsibility of the renter! Do not rent sight unseen over the WEB, by phone, or through the mail.
Remember that PETS require a much larger security deposit and in many cases are not allowed. If the lease doesn't cover the issue, talk to the landlord before you get a pet, and put in writing any agreements you make. For those of you who have pets or are thinking of getting a pet, there are many rules and regulations regarding pets in La Plata County. Please contact The Humane Society at 259-2847 for current regulations. It is advisable to leave your pets at home.
Security Deposit
Most landlords require the tenant to deposit some money to offset any damages, unpaid rent or unpaid utility bills. The deposit is usually one month's rent. Whatever the amount, be sure to get a receipt for the transaction. It should clearly state "for security deposit on (address)".
Generally, the landlord has 30 days to return the deposit in full or the deposit less damages. However, the tenant can sign a lease giving the landlord up to 60 days to return the deposit. If the landlord withholds any money for damages, he/she must send the tenant an itemized listing of the damages. Damages include: actual physical damage to the property, unpaid utility or repair bills, and unpaid rent. Normal wear and tear is usually not be considered a damage.
Begin by carefully filling out an inventory (see sample on page 9) which lists the condition of the property when you move in. If you find any severe damage, take a photograph of that area. While you are living in your rental, notify the landlord of necessary repairs.
When moving, again fill out an inventory and take photographs to provide a clear record of the property's condition. Be sure that you have given proper notice which is determined by your lease and that the landlord and post office have a copy of your forwarding address. Clean the apartment or house to the same or better condition in which you found it.
Discrimination
The Colorado Fair Housing Act prohibits discrimination on the basis of race, creed, color, sex, national origin, ancestry, marital status, religion or handicap. This prohibition concerns the transfer, sale, rental or leasing of all premises except the following: "Non-profit, fraternal, educational or social organizations and clubs. Rooms offered for rent or lease in a single family dwelling maintained and occupied in part by the owner or lessor as his/her household."
However, landlords may choose not to rent to students or people with children and /or pets, and this is not a violation of the Fair Housing Act or the municipal law. If you believe you have been the victim of discrimination, as prohibited by these acts and ordinances, contact the Colorado Civil Rights Commission.
Renter's Insurance
It is highly recommended that you consider a renter's insurance policy to insure your belongings against damage, as well as to insure your house against liability due to personal injury (e.g. your dog bites somebody, or a visitor falls down the stairs). You should consider the following points before purchasing insurance. Some students are automatically covered under their parents' homeowner's policy. Find out. (If you are a financially independent student, parents' homeowners does not apply.) All the tenants on the premises must carry the policy. The rationale is that more people increase the risk of theft. Some independent agents may carry individual policies. Policies cost more if you live outside the city limits because fire service is farther away. Construction of your home partially determines price of insurance. Most policies cover theft, NOT NEGLIGENCE. Lost property is not covered. Check the premium and the amount of the deductible. Insurance is a service you pay for, so shop around.
Moving In
Arrange with the landlord to mutually inspect the premises prior to when you move in. during this inspection, fill out the inventory and repair sheets. (see pages 9 & 13) Date the forms and have the landlords and all tenants sign the forms. Keep a copy for yourself and give the landlord a copy.
The City of Durango has an ordinance which follows the National Uniform Building Code. Any tenant is guaranteed minimum standards of quality. It is very important to accurately fill out the inventory and repair sheets. If your home has extensive damage, photograph the damage. A minor investment in film may save you much money when you move out. If you feel the home does not meet minimum standards, contact the City Building Inspector's office. They will interpret the code for you and make an inspection if necessary.
Moving Out
If you choose to leave your home at the end of the lease term, you need only follow the procedure for giving notice and then leave. Generally on a month-to-month agreement, the landlord must receive written notice that you intend to move out at least ten days before the rent is due. On a term lease, if you choose not to re-rent, simply move out by the last day on the lease. (Always fill out an inventory and clean the property before moving. See security deposits.)
If you choose to leave during the term of a lease, you can usually do one of the following: Receive written permission from the landlord to break the lease without penalty. Receive written permission from the landlord to sublease. Simply move. However, you risk being sued for rent and, at the very least, you will lose part of your security deposit. You should be aware that many landlords in Durango require an eight month lease so consider this long term commitment before moving in. Check your lease for specific details.
Evictions
A landlord may choose to evict you for the following reasons: non-payment of rent or breach of lease. A landlord may also refuse to re-rent to you after the lease expires. Lastly, a landlord may choose to give a tenant on a month-to-month tenancy a notice to quit which has to be done in a written notice at least ten days before the rent is due. No reason must be given for this notice.
Actual evictions require less notice. If you fail to pay rent, the landlord may give you a written notice which says, "Pay the rent in three days or move out." If you pay the rent, no problem. If you do not pay the rent, you should move out by the third day. If the lease specifies no pets, and you get a dog, your landlord may evict you for breach of lease. In this case, the tenant receives a written notice telling him/her to move out within a certain time period (usually 3 days).
If the tenant believes an eviction is unjustified, he/she has legal recourse. First, consult an attorney and find out about your rights and procedures; follow his/her specific counsel.
Tenant's Life
Please remember to be a good neighbor! It is a good idea to get to know your neighbors and those living in your area. That way, if there are any problems, you and your neighbors can work them out before any other measures are taken. Take some time out and introduce yourself to them and you'll probably find out that your neighbors are more willing to work with you than against you, making a more enjoyable community for all.
Responsibilities First and foremost you are bound to the obligations of your lease. If you agree to maintain the yard, that means watering, cutting and weeding the grass. (Remember, the time to negotiate on lease clauses is before you sign.). Secondly, you must honor all the laws and ordinances that govern all other citizens - including pets, noise, snow shoveling, etc. Thirdly, you are responsible to keep the home you rent clean and in orderly condition. Without a repair clause you are also bound to make repairs, minor and major.
Repairs A common problem that all tenants face is the question of repairs, especially the responsibility for repairs. We suggest the strategy: Tell your landlord immediately when repairs are necessary. If he/she agrees to make the repairs, wait a reasonable time period. If nothing is done, then… Contact your landlord again and ask why the repair has not been made. (There may be a perfectly sound reason..) Again, give your landlord a reasonable amount of time to complete the repair. If nothing happens… Write a letter which re-states the history of the problem, needed repair, times of contact, and the promises. If your lease stipulates the landlord is responsible for the repair, quote it. Ask that the repair be completed in a certain amount of time. Photocopy the letter and send the original via certified mail. Still no action, then… Contact an attorney. The attorney will offer specific counsel.
Do not withhold rent without the advice of counsel. You run the risk of being evicted for non-payment of rent. Although getting a repair done is often a dilemma, be persistent or the repair will never be done.
Important Numbers and Information:
FLC Off-Campus Housing Services………… .247-7511
All Emergencies in the Durango and Vicinity………… ..911
Police, Fire, Sheriff service numbers check your phone directory
Greeley Gas Company………… ..247-3811
La Plata Electric Association………… 247-5786
TCI Cablevision………… 247-2681
US West Communications (phone service)………… ..1(800)244-1111
Through your student fees, the Associated Students of Fort Lewis College (ASFLC) has made provisions for a reputable local attorney to provide limited legal services to the students of Fort Lewis College. If you have any questions or problems regarding leases, contact the Information Center in the College Union Building for dates and times the attorney will be on campus (247-7511).
The Durango LIFT, through your student fees, provides transportation from the college to almost every area within the city limits of Durango. The bus is free to students during the Fall and Winter trimesters provided a sticker is affixed to the back of your student ID. The sticker, along with schedules and routes, can be obtained at the Information Desk in the College Union Building.
Educate yourself about the law pertaining to renting. Knowing your rights and obligations is the first step towards insuring against abridgments of your rights. Second, deal with your landlord as a business person because you are contracting to pay for the use of someone else's property. Last, when trouble arises, seek advice from qualified sources whenever you need help.
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