Colorado Landlord - Tenant Questions & Answers

Q: My lease expired and I am currently paying month-to-month as a holdover. I am a co-tenant on the old lease that expired.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Sep 14, 2017

A holdover tenant can leave after 30 days notice. The landlord does not need to "accept" the termination (or the roommate for that matter). The landlord cannot force holdover tenant(s) to stay beyond 30 days (note: if a signed lease exists all parties have to wait until the term expires or early termination is triggered).

If you decide send notice. Send it via a registered letter or an email for documentation (this may help if other legal issues arise).

After the 30 days...
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Q: I own a house. My girlfriend moved in 5 months ago and we broke up recently. She hasn't paid rent in 3 months.

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Colorado on
Answered on Sep 13, 2017

The best practice is to provide 30 days written notice of termination. Some lawyers argue that notice is not required because she is not paying rent and not on the lease, but this approach presents risks and may not be legal in Colorado (esp. with a domestic relationship).
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Q: There is no explicit language to the type of pets our renter can have. Our renter got two kittens

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on Sep 13, 2017

Both the tenant AND landlord are bound by the terms of the existing lease. The landlord, like the tenant, can propose amendments or a new lease but neither side is obligated to accept any modifications. Applying pressure to amend via threated litigation, increased inspections/visits, and/or termination of the lease create a separate legal action in which the tenant can pursue punitive damages against the landlord.
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Q: We separated for 3 months and during that time I signed a lease on an apt in another state.

1 Answer | Asked in Divorce and Landlord - Tenant for Colorado on
Answered on Sep 9, 2017

There are various ways to get your ex to leave your apartment. These range from giving 30 days notice to leave to seeking a court order to force him to leave (the latter will require a lawyer). As for the dog, it is chattel (living property) and likely is part of the marital estate and thus can be subject to division (note, this does not mean sharing ownership time like child custody). He can try to take the dog with him (which is legal in the pre-court order stage), but you can also demand...
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Q: Can I rent a single house to 5 students, each student in individual bedroom room?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on Sep 7, 2017

Most counties follow the related by law/blood plus one rule. That is, there can be only one additional unrelated person residing at a home. Note, many counties allow unmarried couples that are in a permanent relationship (usually with children) to county as "family". Some counties also cap the number of adults that can reside at a residence.

Enforcement is usually tied to reports by neighbors (which can occur when a lot of cars start appearing on a street).
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Q: Once a lease has been completed with no incident, does the landlord have the right to force the tenant to sign another

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Aug 22, 2017

If the lease has expired, the normal landlord-tenant negotiations start anew. The landlord is not required to mandate another lease be signed, but similarly the landlord is not prevented from attaching the condition of a signed lease. While you are not required to sign a lease and can become a "hold-over" tenant with a month-to-month lease, the landlord can reject attempts to create a holdover status and move for eviction.
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Q: at what point can a walkthrough for damage deposit be considered finished? Landlord is witholding based on new finding

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Aug 18, 2017

The landlord can try and based on the circumstances there could theoretically be a legitimate claim (e.g. the departing tenant could have hidden damage). However, the landlord has a very big problem related to causality. Specifically, with a prior walk thru (with a confirmation) and notice after 2 weeks of a new tenant means that it may difficult to connect the departing tenant with the damage.

Based on your facts, the departing tenant (you) has a much stronger case than the landlord....
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Q: How do I remove a "squatter" who is mentally ill and drug addicted and destroying my home if she refuses to leave?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Aug 5, 2017

While it is technically possible for a tenant to begin eviction proceedings against a subletting tenant (assuming you have a contractual connect with the woman), serious problems exist if the landlord is uncooperative. Unless the woman is a sub-tenant of you an eviction proceeding would require that you first sue the landlord for the improper dual leasing arrangement (assuming that your current lease agreement covers the entirety of the residence). If you do not have full legal possession of...
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Q: How do I remove my childrens' father from our house? He says he won't leave until I give him $ back?

1 Answer | Asked in Family Law, Landlord - Tenant and Real Estate Law for Colorado on
Answered on Aug 1, 2017

If he is a renter you can move for eviction/termination (assuming there is an open lease term and/or it is a month-to-month lease). Be aware you must give notice of a termination of the lease (usually 30 days).

If this is part of a divorce, you can include your ex's leaving as part of the separation agreement. If his departure is conditioned in the separation agreement and he still will not leave you can seek direct court enforcement (note: the rental agreement may impact the court...
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Q: Is there any compensation for living in a rental property where they knowingly had 4+ code violations and did nothing?

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Colorado on
Answered on Jul 28, 2017

Based on the information provided, this likely will not be resolved until litigation occurs. If you are owed money, you will need to sue in small claims; if the landlord is owed money the landlord will need to sue you in small claims court. You can also try negotiating out of court.

You may want to consider hiring a lawyer to assist.
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Q: Hi am currently in a situation where I might get kicked out not quite sure what to do here can you please help

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on Jul 17, 2017

Refer to your lease agreement. Most lease agreements allow the landlord to show the home under certain conditions. The scope and conditions attached to a showing are tied to the lease.

The landlord can legally sell the home with you as tenants and/or terminate the lease agreement (with proper notice) and put the home on the market. You cannot be forced to leave the home before the term listed in the lease expires (unless you both agree to an early termination). This protection applies...
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Q: How do you evict someone from an assisted living house?

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Colorado on
Answered on Jul 17, 2017

Barring special issues for an health related concerns, you should be able to use the standard eviction process. If you have a lease agreement, refer to this. If you don't or the lease does not cover all aspects of the eviction, the default rules listed the Colorado Statutes apply.

If you need specific advice or oversight with the eviction process you will need to contact (and likely hire) an attorney.
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Q: After signing walk-thru documents, our landlord charged us for more repairs than originally documented.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jul 9, 2017

Generally speaking, new items cannot be added to a dually-signed walk-thru agreement. There are some exceptions--mostly related to what the documents actually says about new items, etc.

The upgrade is a bit of a grey area. On one hand, the upgrade is not a replacement. On the other hand, the cost difference for the upgrade may not be material enough to appear unreasonable (esp. of the type of blinds is not replaceable). A lot turns on what the document says about the replacement....
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Q: my lease expired 6 months ago. I pay rent on time. I was given 30 day to move out so they can remodel. Is this legal?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jul 1, 2017

You are a "hold-over tenant". This means that when your lease expired, you became a month-to-month tenant. Since you are current with the rent, the month-to-month lasts until one or both side chooses to terminate the lease (which the landlord has done). The landlord is following the law, by providing you with 1 month prior notice of termination. Similarly, you have not violated in laws and you are not being evicted--the landlord is just terminating the lease. If you remain beyond 7/31/17 an...
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Q: What can i do? I want to press charges and my things back

1 Answer | Asked in Criminal Law and Landlord - Tenant for Colorado on
Answered on Jun 23, 2017

If the police will not get involved, you will have to sue them in civil court to get your items back.

Alternatively, you can go to your local DA'd office and file a "private criminal complaint" and outline the theft of your items and the DA will review the complaint and determine whether or not to press charges.
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Q: Do I have to sign an amendment that alters lease term date; I have moved out but landlord is taking advantage of us.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on Jun 16, 2017

You are not required to agree to an amendment. If the current lease term has expired (or will soon), the lease will terminate on the expiration date listed on the lease. You clearly have given notice and presumably complied with the lease terms until termination. In other words, based on your facts you should be able to walk away from the lease (and receive some or all of your security deposit). I cannot imagine why it is in your benefit to sign an amendment unless the amendment offers you...
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Q: Tenant is in default for changing flooring/lighting without permission. Tenant filed bankruptcy. Can I evict?

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Colorado on
Answered on Jun 11, 2017

The automatic stay which begun when the bankruptcy petition was filed will prevent you from giving the tenant a termination notice. You can proceed with the eviction by asking the federal bankruptcy court to lift the stay. The judge could lift the stay because a lease agreement has no effect on the value of the tenant's estate.
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Q: My landlord came into my apartment and took my 5 month old kitten while I was away for a little over 24hrs what can I do

1 Answer | Asked in Criminal Law, Real Estate Law, Animal / Dog Law and Landlord - Tenant for Colorado on
Answered on Jun 7, 2017

You can sue your landlord in civil court to get your kitten back.

You will also need to notify your landlord in writing that you do not have heat or water and give him/her 30 days to rectify the situation. If he/she does not, you can put your rent in escrow until the problem is fixed.
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Q: My landlord doesn't allow pets, but I need an ESA, can they deny me a companion animal?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on
Answered on Jun 7, 2017

No, your landlord cannot deny you an ESA. You will need to get a "prescription" from a certified doctor that states that you can have a support animal. Then you will need to contact a local organization that adopts/sells certified support animals. Take this documentation with you to your landlord and advise him that he is required to permit you to have a service animal (without rent) under the Federal Fair Housing Act.

Q: My 20 year old son lives in a bottom floor apt. Sump pump backed up and he has to move. His renters insurance says no

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on May 20, 2017

The complex is required to repair the problem within a reasonable period of time. If the water damage is too great, this may be grounds for constructive eviction.
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