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Colorado Landlord - Tenant Questions & Answers
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have entered in a lease to buy option with my landlord and now he does not want to sell after signing contract.

I have been running my business for 2.5yrs now… I called my landlord to notify him that I would like to purchase the building as stated in our lease contract… but he said he does not want to sell… what will I do if he don’t sell it to me? I have paid Rent, property tax and insurance every... Read more »

James A. Greer
James A. Greer answered on Sep 7, 2021

Dear Lessee With Option To Purchase: The best and most urgent advice I can give you is (1) read the lease and understand the manner in which you must "exercise" the Option, then (2) exercise the Option in that manner (normally, with a written notification, sometimes via certified mail).... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Colorado on
Q: People staying on property no leases.

Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately

Sabra M. Janko
Sabra M. Janko answered on Jun 18, 2021

You can evict them through the formal eviction process if they will not leave upon your request.

1 Answer | Asked in Real Estate Law, Cannabis & Marijuana Law and Landlord - Tenant for Colorado on
Q: How do I protect my house from a squatter?

I have a squatter in my house invited by my daughter-in-law who is growing marijuana in their bedroom. They have changed the locks and installed a deadbolt without consulting me, the owner. It is in a tent with lights and a fan hooked to a extension cord and I'm worried about a fire while... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 29, 2021

Outside of cutting off utilities, you will need a competent attorney to file an Eviction Suit to remove the unwanted occupant. It will not be fun and your house will be damaged. You might open the door with a crowbar and remove contraband. But again hire an attorney. It may be necessary to evict... Read more »

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: Can I pick up my stuff from shared yard with permission from the neighbors at ex boyfriends place where I used to live?

I was in a relationship that turned abusive and controlling in the last couple of years out of seven total. The last two of them with him in a duplex, with neighbors on top and us on bottom. The front/backyard was shared with separate front doors to each unit, shared back door to yard. I moved out... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 23, 2021

I am sorry to hear about your situation. it all depends on what the protection order says.

2 Answers | Asked in Divorce and Landlord - Tenant for Colorado on
Q: My ex-husband and I were separated when we signed a lease. Are we equally responsible for early termination fees?

We signed a lease together in Boulder, CO while separated. We decided to terminate our lease early while separated and before the divorce judgment was filed in California. We each paid half of the early termination fee. His CA Attorney is claiming that since we were separated, the money my ex... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Dec 3, 2020

I do not see this as "spousal support". It may depend on the exact wording of your order for support. You should consult with a lawyer about this.

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2 Answers | Asked in Real Estate Law, Agricultural Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: What should I do to stop them & keep them from continuing to use my land/barn? What do I do about the solar panels?

I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn.

Donald C Eby
Donald C Eby answered on Nov 30, 2020

It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an... Read more »

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2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Landlord - Tenant for Colorado on
Q: If you are renting from a landlord, and they have a "no guns" clause in their lease contract. What are some punishments?

I would love to know if their is a law against having a gun in an apartment complex that is private and has a no gun clause in the lease agreement. Are there any defense for having/using a gun (maybe not even firing it, but just drawing it to protect yourself/property/others in trouble). Would love... Read more »

Sean Maye
Sean Maye answered on Nov 25, 2020

I am not aware of any state laws that prohibit weapons in private residential complexes. That said, I find it highly unlikely given that the 2nd Amendment is a federal constitutional right - subject obvious regulation. There are defenses to having/using a gun but the defenses are very... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have to pay for gas, sewer, etc but my apartment complex is double charging sometimes triple charging.

When I go into the office to try to fix the issue she becomes irate, and comes off like I'm crazy I've tried calling corporate no answer what do I do?

Sean Maye
Sean Maye answered on Nov 11, 2020

What you are required to pay for depends on what your rental agreement says. A lawyer would need to review that agreement and compare it next to the landlord-tenant laws to best assess your rights. Generally speaking, however, you never be double-charged or triple-charged for anything and you... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Colorado on
Q: Can property staff add rules not in the lease? Tenants now have to show ID to enter & exit the open layout apt. complex
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Oct 31, 2020

When you sign a lease it is common to have a provision that you will abide by the Association/Complex/Building Rules. These can be modified at any time without changing the terms of your lease. If the rules now provide that ID must be shown, then under the terms of the lease you must abide by the... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Is an HOA responsible for responsible to repair a sewage line that services only one unit?

My HOA is facing a dispute on who should pay for repairs on a home water drainage blockage. An owner had an issue in the drainage pipe inside their dwelling that led to a blockage in the main drainage pipe that services only their unit. The owner hired a cleaning service for their pipes and the... Read more »

Donald C Eby
Donald C Eby answered on Oct 24, 2020

The specific language of the HOA governing documents and the specific facts of the blockage and cause of the blockage will be determinative here. If the parties cannot come to an agreement involving an attorney may help to get this resolved or properly prepare the case for ligitagion.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: In Colorado, when does a landlord have to return security deposits in the case of an early lease termination?

We had to terminate our lease early due to a move, and the landlord is now stating that they don't have to return our deposits to us until the property is re-rented, which is in contradiction to what was stated in our lease which states "landlord shall provide tenant with a written... Read more »

Donald C Eby
Donald C Eby answered on Sep 30, 2020

The issue in Sec Dep cases is always when does the 60 day clock start to run. If you have an affirmative agreement to terminate the lease on July 20 and/or you paid the Lease Break Fee and it was accepted as such, you may have a good case to demand your Sec Dep be returned in full and to possibly... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If my old landlord doesnt return my deposit or give me a itemized list of deductions by the allotted deadline,

Am I due back the entirety of my deposit, including any "non-refundable" portions?

To clarify, my landlord has 36 hours left to return my deposit with an itemized list of deductions. I am aware of the 7 day demand letter but I wanted to clarify what I am demanding. The law states... Read more »

Donald C Eby
Donald C Eby answered on Jul 29, 2020

The Non-Refundable portion is not likely to be subject to the Sec Dep Accounting requirements.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Colorado on
Q: My ex-girlfriend never paid rent and never signed the lease she got letters here and stayed nights is she a tenant?
Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2020

If she physically stayed there overnight, stored belongings there, on a regular basis, then she is a tenant. That is she is an occupant in possession. She does not need a formal lease contract, especially where you do.

1 Answer | Asked in Family Law and Landlord - Tenant for Colorado on
Q: If a apartment manger is dating a tentant that is renting a apartment in that building can he or she be reported to hou

House authorities . Concern this intersrest of complex

Sabra M. Janko
Sabra M. Janko answered on Jul 12, 2020

Generally there is no prohibition against an apartment manager dating a tenant, unless the apartment manger's employer prohibits it.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Our Aurora, Colorado condo tenant moved sometime before the end of his lease (June 30th, 2020) without our knowledge or

approval and rented the unit to someone, which is not allowed in our lease. We have posted a notice to quit by August 3rd. If we need to do an eviction, what other forms will we need?

Donald C Eby
Donald C Eby answered on Jul 6, 2020

If your tenant does not comply by returning possession your next step will be to initiate the judicial eviction process by serving the tenant with a Summons and Complaint.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How do I have a tenant removed from my house with a verbal agreement? It has been 5 years.

Trying to help a friend but she has in the last two weeks destroyed my basement. By having her contractor boyfriend tear out walls, etc...

Donald C Eby
Donald C Eby answered on Jul 3, 2020

It is unlikely that your tenant has the right to destroy our property. You may need to take action like injunctive relief which is quicker than an eviction. Nevertheless, the tenant's actions likely are a breach of her rental agreement, as such you need to provide Legally Sufficient Notice,... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My lease allows me(landlord) to enter my property within reasonable time but my tenant will not allow enter can I call

The police?

Donald C Eby
Donald C Eby answered on Jun 18, 2020

You can call the police but it is doubtful that they will help you. Your remedy for this lease violation is to initiate the eviction process, after proper notice and opportunity to cure of course.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: I notified landlord in writing to terminate lease due to domestic violence and threats And was told I had to pay a year.

I emailed notification in writing to landlord and leasing firm within 3 days of signing lease that I was threatened by a man to sign the lease in my name so he could live there. I sent record of this mans criminal felony background. Leasing agent and landlord responded with I had to pay a full year... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 7, 2020

I am sorry to hear about your situation. Typically a landlord would want to see a protection order against the other occupant on the lease to establish the grounds for release from the lease based on domestic violence. A report of unrelated felonies would not provide sufficient grounds from release... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: In Colorado, how difficult is it to evict someone living in your house? There is no rental agreement and no rent.
Donald C Eby
Donald C Eby answered on May 5, 2020

The eviction process must be followed exactly. Not having a written lease is will not prevent you from evicting your roommate. But, you will have to provide proof of the terms of the verbal agreement, i.e. monthly rent paid historically.

If you are unfamiliar with the process I recommend...
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: got eviction letter on april6, that I have to be out on april 20. Have been in home quarantine since march12, no w

no work since stay at home order , whats the steps if sheriff shows up?

John Hyland Barrett III
John Hyland Barrett III answered on Apr 16, 2020

If this is not a court order yet, no eviction will occur for quite some time. The courts are not holding eviction hearings and the Sheriff is not doing them either. Also, there are other restrictions if the property has a federally backed mortgag. So you are probably ok for now.

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