Denver, CO asked in Landlord - Tenant for Colorado

Q: Can you establish tenancy in the state of Colorado if you do not pay rent?

I've lived with my grandparents for two years and I'm wondering if I have tenant's rights.

Related Topics:
1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Yes and no. Technically, rent payments are not required to establish a landlord-tenant agreement. However, this determination is based on the general circumstances of the situation meaning an arms-length transaction in which one person gives something of value to the other (this can be labor). This means that most family-tenant agreements do not create a landlord tenant agreement.

It gets complex because if relatives terminate a rent-free arrangement for relatives/significant others the police will not usually forcibly evict a person without a formal eviction notice certified by a court. Of course, the relative/landlord can always participate in self-help (meaning remove all the tenant's property), but the relative must provide prior notice (maybe as long as a month) and generally must protect the "tenant's" property for a period of time. When self-help does occur, most people do not follow the law (but most tenant's do not challenge the issue in court, so nothing happens).

In short, your legal situation is unclear, but you are afforded some minimal protections (assuming that a true landlord-tenant relationship has NOT been established).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.