RENTER'S RIGHTS

RENTER'S RIGHTS WITH THE
AURORA HOUSING AUTHORITY
MANAGED PROPERTIES

The Aurora Housing Authority is committed to providing clear and comprehensive information on the rights and responsibilities of both the Resident (sometimes referred to as a “tenant” or “renter”) and the Landlord (and/or Property Manager, Owner, and/or Agent of the Owner or Landlord).                                            View more info below.

RENTER'S RIGHTS INFO

The most important foundation of renter’s rights is to read your Lease carefully and understand that you can be held to it once it is signed. Ask questions if you have any. There is no right to back out of a Lease once signed, and no “three-day right of rescission.”


A Lease defines the rules in effect while you as a Resident use the Landlord’s property. Rules include the amount of rent, length of time the rental is scheduled to last, the amount of the security deposit, property maintenance responsibilities, and many other details. Other rules may be required through law and programs related to affordability or other policies of the property.

  • Domestic Violence

    You may terminate a Lease early where sexual assault, sexual abuse, or domestic violence occurred.  There are no specific gender requirements for survivors or against perpetrators, although it is often referred to as VAWA, the "Violence Against Women Act." 


    There are requirements for terminating the lease, and you can read more at the Colorado Revised Statute: § 38-12-402(2)(b). 


    Additionally, your Landlord cannot terminate your lease against your will or charge you for damages incurred during an event related solely because you are a victim of domestic violence, domestic abuse, unlawful sexual behavior, or stalking, or because you have requested emergency assistance (such as from a peace officer) in response to a situation involving one of these forms of abuse. 


    You never give up your right to call for emergency assistance. 


    The information you provide to your Landlord will be confidential; they will not tell anyone unless you consent or they are required to do so by law. 

  • Prompt Response to Request Repairs

    Upon written request to the rental property owner or manager, you have a right to a prompt response to requests for repairs.  You have the right to have repairs performed in a timely manner, upon request, and to have a quality maintenance program run by management. 


    Maintenance requests will often be filled based on a system that prioritizes emergency items first. Your maintenance request may have come at the same time as other more hazardous situations. You always have the right to request an update or new estimated time of repair.

  • Habitability

    You may terminate the Lease under some circumstances for violations of habitability, after you’ve given proper notice and the Landlord has failed to remedy or repair. If the same condition occurs within six (6) months, you can also give notice to terminate the lease. We recommend reviewing the Colorado Revised Statutes at Section 38-12-503 for the legal details.

  • Notice of Entry

    You have the right to be given reasonable notice, in writing, of any non-emergency inspection, necessary repairs, or other entry into your apartment. “Reasonable notice” generally means at least 24 hours.  A Landlord has the right to enter a rental unit without notice in emergencies. (An example of an emergency might be an apartment flooding after the hot water heater breaks.)  If you refuse to allow entry, you assume all liability for damages and repair to the rental unit, as well as any consequential damage to other units.

  • Demand for Compliance

    You have the right to receive a written Demand For Compliance Or Possession before the Landlord files a suit to evict for nonpayment of rent. You then have the option of paying the past due rent, or moving out within the time listed. If you move out, you may still owe the remainder of the rent in addition to applicable Lease Break Fees, the cost to repair any damages, or other allowable fees applied to your unit.


    The Landlord must attempt to serve this Demand in person on the seventh day after your rent is in default.  If the Landlord cannot serve the Demand to an adult in the unit on the second day, they can serve then this demand by posting a notice in a conspicuous place on the premises.


    Remember, you have to do your best as a resident to upkeep the unit by removing garbage, maintaining cleanliness, using the facilities and appliances as expected, and as a household by promptly informing the landlord if there's an issue, and not disturbing the staff, visitors, or neighbors.

  • Security Deposit

    The maximum amount a Landlord can charge for the security deposit is two months of rent.


    The deadline for returning a security deposit is one month, after the termination of the rental agreement OR the surrender of the key to the property, whichever date is later, and unless the Lease provides for a longer period, not to exceed 60 days.  If the Landlord does not return the security deposit or does not send an itemized list of deductions within the required time period, or if the tenant disagrees with the deductions made by the Landlord, the tenant may initiate an action to recover the disputed funds.   


    When deducting from a security deposit, unpaid rent, damages, unpaid utility bills, repair bills, and cleaning bills can be legally deducted, but not normal wear and tear. 


    Aurora Housing Authority properties provide renters new to the property with a move-in inspection sheet to document all items (cosmetic or otherwise) you will want to make sure your manager knows "was like that when you moved in." We encourage you to take this opportunity seriously, including taking pictures as documentation at that time. After you have signed this inspection and turned it in, you are responsible for the future care of the unit, including making work orders to help maintain it.

  • LIHTC Fees

    For Low Income Housing Tax Credit Tenants, any fees charged to the Resident by Landlord must be reasonable and in line with those charged by similar properties. In most cases, under LIHTC, the Landlord can only charge their cost to repair, replace, or for services as necessary. 

  • Military Service

    If you have been called into military service before the end of a Lease term, you do not have to pay for the remainder of rent due for the entire Lease term, provided you are following the Federal Soldiers and Sailors Civil Relief Act (50 U.S.C. App. §534).  

  • Unit Foreclosures

    If the property is foreclosed upon, and you have a written Lease, you will be allowed to remain in the unit through the term unless the new owner intends to live in that unit. Otherwise you must be given a 90-day written notice to vacate, with some small caveats.

  • Prohibition on Retaliation

    You can organize or become a member of an existing resident organization, or handle a warranty of habitability issue with your landlord. A landlord cannot take actions against you such as increasing rent, decreasing services, terminating or not-renewing a rental agreement, bringing or threatening eviction, charging any fee cost or penalty, or discriminating, threatening, harassing, or intimidating you because you have exercised your rights.  


    (Harassing or threatening you is never proper behavior. This does not mean that incidents of increasing rent or charging fees are always directed at you and are inappropriate.)