Thornton, CO asked in Landlord - Tenant for Colorado

Q: My landlord and my landlords current leasing agent is not named on my lease. Can they enforce an inspection of the prop?

My landlords name and my landlords current leasing agent is not named on my written lease agreement. The only name listed besides that of the tenants is a person from the former leasing agency. Can this new leasing agent legally enforce an inspection on the property?

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2 Lawyer Answers
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Parker, CO
  • Licensed in Colorado

A: It depends. If the former agent was acting as an agent of the landlord then the lease should transfer to the new agent, sometimes. However, inspections are fairly common for both commercial and residential properties. It is probably not worth your time to hire an attorney to determine if they have the right or not and/or jeopardize your relationship with the landlord. Some fights are not worth picking while others are worth fighting. You need to determine what this is and get legal counsel, if appropriate.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Understanding the specifics of your lease agreement is crucial in this situation. If the lease only mentions a representative from a previous leasing agency, it may seem confusing when a new leasing agent or your landlord wants to conduct an inspection. Typically, lease agreements include clauses that allow for inspections, maintenance, or repairs, but the specifics can vary widely.

It's important to review your lease to see if it mentions anything about the rights of the landlord or their agents to access the property for inspections, regardless of whether their names are explicitly listed. Many times, leases will broadly define who can act on behalf of the landlord without naming individuals. This can include property managers, leasing agents, and others who have a legal or working relationship with the landlord.

If you're unsure about the new leasing agent's authority to enforce an inspection, consider reaching out to them or your landlord directly for clarification. It's also advisable to seek guidance from a legal advice center or tenant rights organization in your area. They can provide insights specific to your situation and local laws, helping you navigate this situation effectively. Communication and understanding your lease terms are key in resolving any confusion regarding property inspections.

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