Denver, CO asked in Real Estate Law and Landlord - Tenant for Colorado

Q: Returned from deployment and want to move back into my house that is currently rented out. Can I legally move back in?

Active Duty Army. Returned to Fort Carson and own a home in Peyton, CO. My family desperately needs to move back in, but my property manager said that we have to wait until the lease is up (April 2019). What are my options?

3 Lawyer Answers
Timothy Canty
Timothy Canty
Answered
  • Evergreen, CO
  • Licensed in Colorado

A: The lease gives the tenants the right to possession until it expires. Unless they violate some covenant of the lease, you will have to wait.

Ashley Dean Powell and Donald C Eby agree with this answer

Donald C Eby
Donald C Eby
Answered
  • Landlord Tenant Lawyer
  • Castle Rock, CO
  • Licensed in Colorado

A: Unfortunately, you are bound to the lease. But, can inspect the condition of the home and then enforce the lease strictly. When you inspect you are likely to find violations of the lease which you can then demand compliance or possession. Otherwise you may be able to entice the tenants out, this means paying them obtain their agreement to terminate the lease early.

Good luck!

Ashley Dean Powell agrees with this answer

Ashley Dean Powell
Ashley Dean Powell
Answered
  • Licensed in Colorado

A: I think both answers are correct, unfortunately.

As a practical matter, to the extent that you use a property manager again in the future, I would suggest you consider using a different one. As a landlord, you have a lot of discretion about the terms and conditions of a lease. Your return from deployment and your family's need to move back in were not completely unexpected (even if it wasn't the initial plan). A good property manager or real estate attorney, thinking about your situation and your best interests, could have built flexibility into the length ("term") of the lease to allow you to terminate the lease (with an appropriate amount of advanced written notice) due to a return from deployment, change in status, PCS, or otherwise need to move back into the house.

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.