By MELINDA MAWDSLEY The Daily Sentinel
Friday, October 12, 2007
David Posta has been on both sides of the tenant and landlord relationship.
His heart has been broken by an unreturned security deposit, and he’s been given the runaround by irresponsible tenants.
“Owning a house is so much better,� said Posta, who rented at least five places since moving to Grand Junction in 1997. He bought his first house two years ago.
But making house payments isn’t possible for everyone, and some people, for various reasons, don’t want to own. Not all renters know what it means to be a good tenant. Other renters don’t know what their rights are or are afraid to exert them in the Grand Valley’s tight rental market.
Much has been made of the lack of availability of rental housing in Grand Junction and rents that started increasing about two years ago when the market began to tighten, said Beverly Lampley, director of transition housing with Catholic Outreach in Grand Junction.
“Ten months ago, it started to get even crazier, and three to four months ago, it just got to be awful,� Lampley said. “Now, it’s worse than awful.�
The definition of “worse than awful,� Lampley said, was best seen in a three-bedroom/two bathroom rental unit on 29 Road and Orchard Avenue. Several years ago, the unit was available for $750 a month. Today, the same unit — albeit an older unit — runs at $950 a month.
The vacancy rate in Grand Junction was 2.1 percent as of last summer, based on the most recent survey conducted by the Colorado Department of Local Affairs’ Division of Housing. But that was before the Mesa State College students returned to seek off-campus housing.
The survey results also indicated the average monthly rental rate in Grand Junction was $591.11, and the median monthly rental rate was $609.55,
“There is nothing there, and that’s been the story for the past several quarters,� said Ryan McMaken, spokesperson with DOLA’s Division of Housing based in Denver. “There isn’t anything we can see anywhere to alleviate the low-vacancy rate right now.�
READ THE LEASE
In addition to the struggle to find available, affordable units in Grand Junction, prospective tenants must learn what it means to rent property from someone.
Posta said that as a teenager, he didn’t read the first two leases he signed. He read through the third and fourth leases, but he didn’t get a security deposit back until he vacated the fifth place he rented.
Within the lease, Chuck McIntyre said, should be a description of what a tenant will have to do and the condition the unit will have to be in to ensure a return of the security deposit. The lease should also list the rent total, when it’s due and what the late penalty is for failing to pay rent on time. Most property managers give a tenant three or four late days before charging an extra fee.
McIntyre manages hundreds of local properties for Century 21 Homestead and has lived in Grand Junction since 1981.
McIntyre likes to sit down with prospective tenants and go through a lease before they sign because many people don’t realize the ramifications of signing a lease.
“They don’t understand that they are signing a contract,� McIntyre said. “Live up to the contract, and you won’t have problems.�
Each property manager is different, McIntyre said, so each manager has different requirements and expectations for its tenants. Many tenants in Grand Junction have dealt with a variety of property managers simply by moving around and taking what units are available, but McIntyre said prospective tenants should expect several steps to be taken before they can move in to a unit, particularly by larger property management companies.
For one, expect to fill out an application, which will include credit and criminal background checks. Not every property manager may do them, but McIntyre does, and Posta, who was caught off guard when his credit was checked for a rental unit in 2004, understands a landlord’s right to do so.
“I would do a credit check and criminal background search if I was on the other side,� said Posta, who has been a landlord. “I’ve rented to somebody who wasn’t perfect.�
The credit and criminal check likely will include calls to previous landlords and a check on references, McIntyre said.
“I can be tough, but I have to be tough,� McIntyre said. “But I believe (I’m) fair.�
McIntyre said tenants in Grand Junction often are responsible. Others, for example, have been convicted of crimes, leaving the landlord to figure out what to do with the lease, he said.
“Tenants are just all over the place,� McIntyre said. “We have people who are spotless and people who just walk away. Just recently, we had a condo near Safeway on Patterson, and the tenants just left the place immaculate. They will get 100 percent of their security deposit back. I just had other tenants move out. These people had two or three dogs. We literally took the carpet out, and it was dripping with urine. There were feces on the walls.�
Those tenants will not get their security deposit back.
McIntyre said he couldn’t speculate on the basic things tenants should do to make sure they get their security deposit back, but he reiterated that specifics should be in the lease.
He did, however, offer one suggestion to help tenants get their security deposits returned.
“Make sure you do a move-in checklist,� McIntyre said, “so you can determine the current condition of the property.�
Posta did a move-in checklist at his fifth rental unit, taking pictures of everything so the landlord could visibly see the condition of the unit when he moved in and the condition of the unit when he moved out.
“I got my security deposit back,� Posta said.
KNOW YOUR RIGHTS
Tenants who do not follow the terms of the lease are subject to eviction, which must be done through a legal process. Tenants who are evicted will have the eviction on their rental record, which will show up when prospective landlords are doing background checks.
A previous eviction is a red flag.
“There is a lot of landlord and tenant disputes,� said Kathy Boelte, managing attorney with Colorado Legal Services, which provides counsel to low-income clients. “Many tenants won’t raise issues because they don’t dare get evicted because they know they won’t find other housing in this market.�
Boelte said she has a “soapbox� she talks from when discussing tenant and landlord relationships because she has seen her clients thrown out of their rentals.
“(Landlords) know if a tenant messes up, they can evict them and get another tenant,� Boelte said. “We have clients who have been evicted and are being housed at the Grand Junction homeless shelter. Some members of the public have poor opinions of poor people, but our clients are the working poor or people with severe mental illness. There are many who are severely impaired and just can’t participate in a competitive job market.�
It is these people, Boelte said, who suffer from an expensive, tight rental market. She also has clients who have complained that landlords won’t fix leaky faucets or landlords who turn off the electricity and water in a house with young children because payments were late.
Boelte said such behavior is like “bullying� because most tenants don’t know their rights or don’t want to spend the time and money fighting conflicts in court.
If Boelte could change any Colorado law she would make it legal for a tenant to make a necessary repair a landlord won’t, and then have the landlord deduct the repair cost from rent. But “a responsible landlord would make the repair,� she said.
The State of Colorado has been interested in the tenant and landlord relationship from a legal standpoint since 2005 when a bill concerning the matter was brought to the House floor by Rep. Michael Merrifield, D-Manitou Springs. The bill was vetoed May 5, 2005, by then-Gov. Bill Owens.
The bill, among other things, established a grace period before a landlord could charge a tenant a late fee for overdue rent, established a maximum late fee and reduced the maximum time a landlord could retain a security deposit.
Merrifield may present similar legislation next year with Gov. Bill Ritter, a Democrat, in office, McMaken said.
“It was never made public who lobbied for the veto, but it was considered a big deal that it made it that far and was then vetoed,� McMaken said. “The issues are the same (in 2008), but it’s reasonable to expect the advocates will be pushing for legislation more favorable for stronger tenant rights with the Democrats.�
“We have more good landlords than we do bad ones,� Lampley said. “Housing is such a basic need. We know people paying 50 to 60 percent of their monthly income on housing, so everything else becomes an issue. People have been talking about needing more affordable housing in Grand Junction for years. People are spooked by a bust.�
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Tenant tips
1. Read the lease. Understand a lease is a legal contract, so make sure to understand the contract.
2. Pets make renting more difficult (excludes service animals).
3. Background checks will likely be done. Employers and previous landlords will be called, so one good experience with a landlord goes a long way.
4. Complete a move-in checklist with documentation and photos of condition of unit.
5. Try to avoid the eviction process because it will follow you.
6. Understand what the security deposit is, why it’s there and when it will be refunded. The information should be in the lease. Turning in the actual keys may speed up the process.