Loveland Leases – LEGALITY AUDIT ACROSS ALL LEASES (2016–2025) Loveland, Colorado

(2016–2025) Loveland, Colorado

This audit identifies clauses that were likely illegal, unenforceable, or in conflict with
Colorado statutes that were already in place at the time each lease was written.
(This is structural analysis, not legal advice.)

COLORADO LAWS THAT ALREADY EXISTED:

Warranty of Habitability (C.R.S. 38-12-503) – since 2008
Retaliation protections (C.R.S. 38-12-509)
Entry requirements (C.R.S. 38-12-510)
Prohibition on unconscionable liquidated damages (C.R.S. 4-2-302)
Due process requirements for eviction (C.R.S. 13-40-107)
Prohibition on waiving statutory rights (general contract doctrine)

2016 – Onsite Property Management (1974 E 11th St)
LIKELY ILLEGAL / UNENFORCEABLE CLAUSES:

10% late fee + $5/day + $50 posting fee
→ Likely unconscionable under C.R.S. 4-2-302 (punitive, not compensatory)
“Tenant accepts premises in such condition”
→ Illegal waiver of habitability rights (C.R.S. 38-12-503)
“Tenant waives right to repairs without written permission”
→ Illegal; landlord cannot shift habitability duties to tenant
“Management may enter without notice”
→ Violates entry statute (C.R.S. 38-12-510)
Tenant responsible for plumbing, HVAC, appliances, pests
→ Illegal shifting of landlord duties
Broad default triggers (noise, disputes, etc.)
→ Potentially violates due process eviction protections

2021 – His House (1212 Butte Rd #37)
LIKELY ILLEGAL / UNENFORCEABLE CLAUSES:

“Any and all amounts shall be considered Additional Rent”
→ Converts non-rent fees into eviction triggers; likely unconscionable
Technology fee as mandatory condition of tenancy
→ Not illegal then, but legally dubious (no service provided)
“Tenant accepts premises as satisfactory upon possession”
→ Illegal waiver of habitability rights
Tenant responsible for appliance repair unless landlord chooses otherwise
→ Illegal shifting of habitability duties
Landlord silence after habitability report
→ Retaliation prohibited (C.R.S. 38-12-509)
Failure to remediate mold, water intrusion, structural rot
→ Direct violation of habitability statute
“Landlord not liable for water, smoke, or structural damage”
→ Illegal; cannot waive statutory duties

2022 – Advantage Property Management (1403 Allison)
LIKELY ILLEGAL / UNENFORCEABLE CLAUSES:

$50 per utility not transferred + $100 shutoff fee + 25% surcharge
→ Likely unconscionable; punitive rather than compensatory
Mandatory professional carpet cleaning
→ Illegal unless damage exceeds normal wear (C.R.S. 38-12-103)
Mandatory lock change fee
→ Illegal unless tenant caused damage
$100 per showing for “non-compliance”
→ Likely unenforceable penalty
Tenant responsible for all HOA fines
→ Illegal unless tenant caused the violation
“No odors, no noise”
→ Overbroad; cannot be used as eviction grounds without due process
Tenant responsible for nearly all maintenance
→ Illegal shifting of habitability duties

2023 – Henderson (1820 Georgetown Ct)
LIKELY ILLEGAL / UNENFORCEABLE CLAUSES:

“Rent is independent, absolute, without right to offset”
→ Illegal; tenants retain statutory defenses
18% interest on unpaid amounts
→ Likely unconscionable; exceeds statutory interest limits
Crime-Free Addendum (eviction for “potential” criminal activity)
→ Violates due process; cannot evict without actual cause
Tenant responsible for all occupant behavior regardless of knowledge
→ Unenforceable; violates basic contract principles
Tenant responsible for all HOA violations
→ Illegal unless tenant caused them
“Tenant cannot be released for ANY reason”
→ Illegal; contradicts multiple statutory rights
Entry for showings with minimal notice
→ Violates entry statute (C.R.S. 38-12-510)

2024 – Henderson Renewal
LIKELY ILLEGAL / UNENFORCEABLE CLAUSES:

Same issues as 2023 lease
Increased fees without statutory basis
Increased insurance requirements (may violate C.R.S. 10-4-120)
Continued use of crime-free addendum

2025 – Henderson Lease Extension
LIKELY ILLEGAL / UNENFORCEABLE CLAUSES:

Inherits all illegal clauses from 2023/2024
Month-to-month structure does not cure illegality

Facilities Unlimited “Lease Qualifications”
LIKELY ILLEGAL / UNENFORCEABLE CLAUSES:

2 years in same job
2 years rental history
No evictions in 7 years
No derogatory credit in 7 years

These are not illegal per se, but:
→ They may violate Fair Housing if applied unevenly
→ They create structural exclusion that contradicts the spirit of CO housing law

SUMMARY OF ILLEGALITY PATTERNS

Across all leases, recurring illegal clauses include: