My question involves landlord-tenant law in the State of: Colorado
Parts of the lease, word for word (emphasis added)
"Maintenance, Alterations, and Repairs
You are responsible for, and will take good care of, the Premises and the furniture in the Premises and Common Areas. You are required to repay Landlord, within ten (10) days after Landlord sends you an invoice, for the cost of all repairs made necessary by you or your guests or the negligent or careless use of the Premises or any part of the Apartment Community, including, without limitation, damages from waste water stoppages cause by foreign or improper objects in lines serving your bathroom; damage to furniture; appliances, doors, windows, or screens; damage from windows or doors left open and repairs or replacements to security devices necessitated by misuse or damage from you or your guests (this includes damages that may have been made to the Apartment Community by other residents of the Apartment Community if Landlord cannot determine who was responsible for damages)."
and
"DEFAULT
You are in default of this lease if:
Any illegal drugs or illegal drug paraphernelia are found in the Premises (whether or not Landlord can establish possession, Landlord may refer any violation to the police);" (the Premises under definitions includes Common Areas that all residents have access to)
Is that enforceable?
Not paying the unfair fee wouldn't really be an option. They can charge fees for repairs and that payment is due in 10 days; they would take part of the next rent payment as the fee and consider the rent partially unpaid. If the tenant defaults the rent for the entire lease period goes from the "discounted rate" to the "market rate" ($130/mo more) immediately and they withhold meal plan until that is paid. Taking the landlord to court would need to occur after the fees are paid to protect the resident in case he loses.
The way this is written if they find drugs in the laundry room they could default the whole building.
Just wondering, any thoughts on this? thank you

