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  1. #1
    Join Date
    Apr 2013
    Posts
    23

    Question Can a Landlord Hold a Tenant Responsible for the Acts of Third Parties

    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

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Tenants Liable for Damages/Violations by Whole World

    I think they define the premises as your apartment.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Can a Landlord Hold a Tenant Responsible for the Acts of Third Parties

    The lease speaks in the first part of "the Premises and Common Areas" and in the latter part of "in the Premises", indicating that the landlord is only going to ascribe to you responsibility for drugs and drug paraphernalia found in your unit. What the landlord is basically saying is that, "My friend left this here and I didn't even know about it" is not going to shield you from eviction if drugs or paraphernalia are found in your unit. Yes, that's lawful. If you're worried about friends leaving drugs or paraphernalia in your unit, don't invite them over.

    As for whether the landlord can assess against you a share of the cost of repairs to the premises or to furniture in the common areas without any information about who caused the damage, that's going to depend in part upon the full facts of the rental. If you're renting an apartment and we're talking about hallways, it's dubious. If you're renting a room in the house and equal access to and use of various common areas of the house (the kitchen, bathrooms, etc.), it is more likely to be defensible - but depending on the full terms of the lease and full facts may remain problematic.

    When you start talking about "meal plan" you make it sound like this is a college dormitory or some other form of student housing.

  4. #4
    Join Date
    Apr 2013
    Posts
    23

    Default Re: Can a Landlord Hold a Tenant Responsible for the Acts of Third Parties

    Yes, it is student housing. Thank you for your response. That is interesting that LL mentions both Premises and Common Areas in the Repairs paragraph, but I doubt it will override the definitions and make them separate. "The Premises is defined as including each of the following: i. Your sole (if bedroom is private) or shared (if bedroom is shared) use of a Bedroom in the Apartment Community. ii. Together with the other residents of the Apartment Community, your shared use of the Common Area in the Apartment Community (for purposes of this Lease, Common Area are those Areas within the Apartment to which you have access without going into another Bedroom within the Apartment Community and those Areas to which all residents have general access); iii. Your sole (if bedroom is private) or shared (if bedroom is shared) use of furniture within your Bedroom; and your shared use of all appliances and furniture within the Common Areas of the Apartment Community and iv. Your shared use of the mailbox assigned to you by Landlord." With that definition being so specific, the lease doesn't have to say "and Common Areas" to include them. Premises includes them. My kid's getting a single to avoid the problem of liability for stranger roommates so that won't be an issue for the unit but it still will be for the common areas.

    Common Areas includes more than hallways and elevators. There are large recreation and seating areas including a bowling alley, swimming pool, and amphitheatre not to mention the cafeteria.

    At least two complaints logged on online review sites have described: a resident being charged $200 for repair to an exit sign she was nowhere near; and a resident being charged $200 for being in another person's dorm room where others, but not that person, were smoking. Several other reviews say things like, they will charge you for anything, they are trying to get money out of you.

    "A fee of $250 will be assessed to any Resident or Resident's guest who is either caught smoking or if there is evidence that smoking has taken place within the Premises or Apartment Community."

    Thank you for your assessment as dubious, I think it's dubious too, I just wanted to bounce that off someone else. My family seemed to think that type of provision was completely normal and protects him from other residents who may be breaking the rules, but it obviously puts him at risk too. Especially since with a default they could raise the rent for the entire lease period, and a violation of any rule, for example the smoking-evidence-of rule above, is a default. It seems ridiculous.

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