Colorado Monthly Lease Agreement Form Page 3

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C. Any advance or deposit of money, whether termed last month's rent, damage deposit, or security deposit,
constitutes a security deposit under this section.
D. Resident may not use the security deposit in place of rent without the written permission of owner/agent.
E. 3.69% (01/01/08 – 12/31/08) simple interest per annum shall be paid within one month of termination of
the lease or surrender and acceptance of the premises, whichever occurs last, on the full amount of the deposit
in the owner/agent's possession.
F. It is the duty of resident to return the premises, including any outside areas, yards or driveways required to
be maintained by resident under this lease, to their condition at the commencement of this lease, except for
normal wear and tear. Colorado state law defines normal wear and tear as: "that deterioration which occurs,
based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of
the premises or equipment or chattels by the tenant or members of his household, or their invitees or guests."**
G. Owner/agent shall return the security deposit to resident within one month after termination of this lease or
surrender and acceptance of the premises, whichever occurs last, unless a longer period of time for return of the
deposit is specified here:
days (specify number of day -- must not be more than 60). If actual cause
exists for retaining any portion of the security deposit, owner/agent shall provide resident with a written
statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is
delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount
retained. Owner/agent is deemed to have complied with this paragraph G by mailing said statement and any
payment required to the last known address of resident. The failure of owner/agent to provide a written
statement within the period of time stated above shall work a forfeiture of all owner/agent's rights to withhold
any portion of the security deposit.
H. Owner/agent, at owner/agent's option, may use resident's security deposit during the term of this lease to
fulfill resident's obligations under this lease. Nothing in this paragraph H shall relieve owner/agent of any
obligation created by the state security deposit law set forth in Colorado Revised Statutes 1973, section
38-12-101 et seq.
7.
Eviction/holding over
A. Owner/agent may evict resident from the premises or undertake other legal action to regain possession for
non-payment of rent or substantial breach of the lease.
B. Resident shall continue to be liable for rent and be bound by the other provisions of this lease during the
time resident remains in possession of the leased premises even though owner/agent has chosen to seek eviction
because of resident's breach of this lease.
C. If the premises are abandoned or if resident is evicted, resident will remain liable for any loss of rent for
the remainder of the lease term. Owner/agent will attempt to re-rent the premises to minimize any loss.
D. Eviction procedures, including notice requirements, as set forth in Colorado Revised Statutes 1973,
section 13-40-101 et seq. (court-ordered evictions) shall be the sole remedy available to owner/agent to evict a
resident.

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