Colorado is considered a “landlord friendly” state. This means state laws favor landlords over tenants when it comes to rental property issues. As a landlord, you should be aware of your rights, as well as the rights of tenants.
Whether you rent residential or commercial property, it’s advised you have legal counsel. An attorney can help you layout the terms of a lease agreement, guide you through the eviction process and represent you in court if necessary.
Landlord Attorney in Colorado Springs, CO
Colorado is among the top ten states where Americans are moving. While this may be great news for landlords, it also means new tenants with potentially new problems. Law Offices of Clifton Black, PC has proven experience representing landlords in Colorado. We can assist with everything from writing rental agreements to representing you in court.
Call (719) 328-1616 to schedule a time to speak with us. Law Offices of Clifton Black, PC represents landlords in areas such as El Paso County, Crowley County, Lincoln County, Elbert County and Douglas County.
- Do I Have to Notify a Tenant to Enter?
- When Can a Tenant be Evicted?
- Can a Landlord Sue a Tenant?
- Additional Resources
Do I Have to Notify a Tenant to Enter?
As a landlord, you probably want to check up on the property you are renting out, especially if the structure is fully furnished or recently renovated. Colorado does not have any laws requiring a landlord to notify a tenant when entering a property. While there is no law, landlord access to a rental property should be addressed through a privacy clause in a lease agreement.
With this privacy clause, the grounds for when you can enter the property are laid out. It’s advised you give the tenant 48 hours of notice when entering to make necessary repairs, inspections or to show the property. A notice is not required for emergency entry. An example of an emergency entry can include an apartment flooding after a pipe burst.
A tenant has exclusive use of the property and can deny landlord entry if there is no privacy clause in the lease agreement. If a landlord is denied entry, then the tenant assumes all liability for repairs and damages to the unit and consequential damages to other units.
When Can a Tenant be Evicted?
One of the biggest hassles of being a landlord is evicting tenants. The process is never fun, plus it requires a slew of paperwork and possible time in court. Under state law, you cannot evict a tenant for any reason, only legal cause. This is called termination with cause, and there are three situations where it can happen:
- The tenant fails to pay rent
- A rental agreement violation
- Tenant commits a serious act
When a tenant is being evicted because they’ve failed to pay rent or have violated a lease agreement, you are required to provide the tenant with demand for compliance or possession notice. With this notice, the tenant will have three days to resolve the agreement violation or pay any outstanding rent. The eviction process can be initiated if the tenant fails to do so.
A notice to quit is required when a tenant is being evicted on the grounds of committing a serious act. This serious act can range from violence against another tenant to criminal activity at the rental unit or premises. A notice to quit does not ask the tenant to fix the outstanding issue. Instead, it demands the tenant move from the property in three days. Eviction will follow if the tenant fails to move within the given time.
Evicting a tenant is not an easy process. It’s advised you contact a landlord attorney if you plan to evict a tenant from your property.
Can a Landlord Sue a Tenant?
There are times where conflicts between tenants and landlords cannot be worked out, and they need to be resolved in court. A landlord has the right to bring a tenant to court and vice versa. There are many reasons you could bring a tenant to court. Some of the most common causes include:
- Unpaid rent
- Damage to property
- Unpaid utility bills
- Lease agreement violation
- Recover cost to find a new tenant
- Recover lost rent from illegal move
- Unapproved alterations to the unit
One of the advantages of a tenant-landlord suit is they are often settled without going to court. The hope in filing against a tenant is that after receiving a summons, they will compromise on the issue to avoid dealing with the hassle of going to court.
You should also be aware that tenants can file suit against a landlord. The two main reasons a tenant brings a landlord to court is for the return of a security deposit or an unjustified eviction. Under Colorado law, a security deposit must be returned within one month of move out, unless the lease agreement states otherwise. This deadline is shortened to 72 hours if hazardous conditions caused the tenant to vacate.
As a landlord, you are required to follow procedures and rules set forth by state law when evicting a tenant. Most notably, you cannot forcibly evict the tenant; only a law enforcement officer. Failing to abide by eviction laws can result in the tenant bringing you to court for an unjustified eviction. Visit our page on the eviction process to learn more.
Landlord/Tenant Information – View a PDF from the Colorado Government over basic landlord and tenant information. You can view standard lease terms, learn about privacy policies, protection against discrimination and landlord rights.
Unlawful Detention | Colorado Revised Statutes – Eviction is legally known as unlawful detention in Colorado. By following the link, you can learn about scenarios where a tenant can be evicted and read the legal definition of unlawful detention. The statute can be read on Justia, an online legal resource.
Landlord Lawyer in Colorado Springs, CO
Protect your rights as a landlord and retain legal counsel. Law Offices of Clifton Black, PC has nearly a decade of experience representing landlords in Colorado and we want to do the same for you. You can call (719) 328-1616 to schedule a time to speak with us.
Law Offices of Clifton Black, PC assists landlords in areas such as Colorado Springs, Ordway, Hugo, Kiowa and Castle Rock.