Bradford Publishing Blog | Colorado Law Articles & Topics

If you’re thinking about writing a will, no Colorado law says you must use a lawyer. Many people with simple estates may be able to easily write their own will.  Some outline their wishes, or make a draft, and hire a lawyer to write the final version. Others with larger estates and/or large families may need more extensive estate planning, which requires legal help from start to finish. In general, you should definitely see an estate planning attorney if:

•    You have many questions about your will or how to make a will;
•    You and your spouse have children from different, prior unions;
•    You are divorced and want to keep your ex-spouse from your children’s inheritance;
•    You have a long-term beneficiary—such as a disabled child—for whom you need to provide;
•    You have a child with recurring financial problems, or who uses drugs or alcohol;
•    You own part or all of a business; Continue reading “Will You or Won’t You?” »

With Denver metro area residential vacancy rates at a ten-year low, many Colorado landlords are dreaming of raising the rent.  But many might wonder, when and how?

When you can raise the rent depends upon the type of tenancy you have. If there is a lease, the lease typically will not let you change the rent until after the term expires.  In fact, some leases contain specific language as to when and how much you can increase the rent. So, assuming there are no specific provisions regarding this matter, you may want to talk about the rent 30 days before the lease ends. 

It’s best to have an in-person conversation with your tenant followed by written notice.  At the same time, your tenant can let you know if he or she wants to renew for another year. If you agree on the new rent, make sure to put the amount into a new lease or an attachment to your existing lease.

What if you don’t have a written lease and are on a month-to-month basis? 

Technically speaking, you only need to give your tenant 10 days notice before the end of the rental period to terminate the tenancy (usually 10 days before the end of the month). So, the same time period would apply to increasing the rent. But it makes sense to start talking about rental matters well before this time, so that both you and your tenant can plan appropriately.

Perform a rent survey
Take some time to know exactly what’s happening in your zip code before having that talk. A little research will inform you how your property compares to market rates, making a powerful business case for a rent increase.

A rent survey is a simple tracking tool that allows you to keep up with trends in your neighborhood.  It’s best to start creating yours three to four months before the tenancy ends.

Start by defining your property. Is it a single family home or condo? How many bedrooms and baths? Does it have a finished basement and/or two-car garage?  Note amenities such as a yard, fireplace, extra family room or living room.  Is it in good, fair or poor condition?  Do you take Section 8?

When you know what you’ve got, research comparable properties.  To find comparable houses, drive around the neighborhood, look at signs and scan Craigslist. To find comparable condos, look at www.forrent.com.

Notice when new properties are put up for rent and how quickly the signs or notices go away.  If the signs don’t last very long, it means the properties are renting quickly at that price. Notice also when a property sticks around for a long time, it might not mean the price is totally wrong, but perhaps the property has a defect, like a weed-strewn front yard; on a busy street; or unfinished basement.

Over time, you’ll build a database of comparable properties and prices. Data in hand, you can more comfortably broach a rent increase.

For more information, see the Landlord & Tenant Guide to Colorado Leases and Evictions, 4th Edition, by Victor M. Grimm, Esq. and Denise E. Grimm.

A power of attorney is a legal document that allows a person to designate someone else to act on his or her behalf. These types of documents can be important if you’re out town or otherwise unavailable to take care of your affairs.

There are lots of circumstances that could call for a power of attorney. For instance, you might need someone to pay your bills while you are out of the country, so you designate your nephew as the person in charge through a power of attorney. Or, if you’re going on vacation and leaving the kids with grandma, you may want to appoint her their guardian through a power of attorney.

In legal terms, power of attorney allows you to give away rights of control. Further, you can give away very specific rights, while retaining other rights. Continue reading “Flying South for the Winter?” »

If you want to add your new spouse or family member as part owner of your home or transfer your interest in real property, you’ll likely use a Colorado quitclaim (or “quit claim”) deed. A quitclaim deed is a legal form that changes ownership on a property’s title. The person transferring the interest is the grantor. The person or organization receiving the interest is the grantee.

How to file a quitclaim deed

You can obtain a quitclaim deed from Bradford Publishing. You’ll need to sign it in front of a notary and get a notary’s signature. You will write the grantee’s name on the quitclaim deed, although in Colorado, the grantee does not sign the deed.  Finally, you need file the deed in the office of the County Clerk and Recorder in the county where the property is located.

Avoiding common errors

Unfortunately, when quitclaim deeds reach the County Assessor’s Office, they can be rejected. The most common problems, according to a representative from the Larimer County Assessor’s Transfer Department, are:

1)    The Colorado quitclaim deed lacks a legal description. The property’s legal description is not the address; it is the lot, block and subdivision name. You can find the legal description on your annual property tax bill or online at the county Assessor’s office. Make sure to use the legal description on the current property deed – if it includes special information, include that too.

Although many property descriptions are only a few lines long, some may run a page or more in length.  In this case, you can either attach a piece of paper containing the property description to the deed – and put a “see attached legal description” note on the deed itself – or you can use a quitclaim deed with an extra long space for the property description.

2)    The grantor’s name doesn’t match the name attached to the property in the records. This situation arises when the grantor marries (or divorces) and changes her name, and uses her new name on the quitclaim deed. 

This problem can be solved by using “also known as.”  For instance, you can write, “Mrs. Jones A.K.A Mrs. Smith” in the grantor section of your quitclaim deed.

For more information about quitclaim deeds, check out Bradford Publishing’s guide, “Understanding Colorado Quitclaim and Warranty Deeds.”

We’re excited to let you in on what we learned at the annual book publishing conference put on by our trade organization, PubWest!

This year’s conference featured a keynote address by none other than Len Riggio, the chairman of Barnes and Noble. He told us the story of B&N’s modest beginning and how he achieved his goal of having a store in every upscale neighborhood in America. At the same time he enthusiastically described the new color Nook, he reinforced his commitment to brick and mortar bookstores.  He struck me as someone who embraces the technological future but also wholeheartedly believes in the future of printed books. Many presentations showcased the potential of ebook technology.

We’re pleased to say Bradford is well positioned to compete with our peers in offering quality ebook access to our customers. In fact, we are just about to launch our ebook website, where we will offer some books as ebooks.

Many of us feel a particular devotion to books—especially the ones we can hold, or curl up with.  But just last week one of our attorney customers responded very positively to our development of ebooks. He couldn’t keep lugging his legal books between three offices and court. In fact, he is eager to access books in the “cloud.”

At the end of the conference, I was encouraged to conclude that Bradford is keeping up with publishing industry changes.  We understand and appreciate the needs of our authors and customers and will always try to be the best resource for both.

Stay tuned,
Candace

At the beginning of a tenancy or rental period, most Colorado landlords and their tenants are amiable and hopeful about the relationship.  Both believe that any issues not discussed or contained in the lease will be reasonably addressed in the future.

Unfortunately, it doesn’t always work out this way. In fact, some of those “unspoken assumptions” become disagreements that later give rise to bitter court disputes.

Better safe than sorry

Given these realities, it’s wise to document the condition of your rental property before your tenant moves in. You can use any and all of these methods:

•    A walk-through inspection paired with a written inspection report .  Your tenant should accompany you on the walk-through and sign the report.  You can use the same report when you return the security deposit  or need to keep a portion of the deposit for repairs.  The advantage of this method is that your tenant signs it, and the court likes documents.
•    Videotaping or photographing the premises. (Most good phones have video capability).  The advantage of this method in court is the adage, “pictures never lie.”

                 Documenting damage and repair

Any damage to your rental property should also be documented before your tenant moves in and, if necessary, fixed. Plumbing leaks, mold, carpet damage (a major source of contention in security deposit damage disputes), and marred hardwood flooring should all be documented and fixed before your tenant moves in. That way, it’s clear that you have taken steps to fix any problems before the rental period starts.

When your tenant moves out, bring the original inspection report  into the rental, and do another walk-through. Discuss any damage that occurred beyond normal wear and tear. Remind your tenant that you will be deducting the cost of repairs from the security deposit .

For more information, see the Landlord & Tenant Guide to Colorado Leases and Evictions, 4th Edition , by Victor M. Grimm, Esq. and Denise E. Grimm.

Colorado landlords are sometimes confused about security deposits. They wonder when to return them and what they can withhold.

Here are some basics you need to know

• Unless the lease says otherwise, you have 30 days to return the security deposit and/or provide a written detail of the amounts withheld. (The longest a Colorado lease can extend that period is 60 days). The clock begins ticking when the lease ends or when the tenant surrenders (and landlord accepts) the property, whichever comes last.

• You can only keep money from the security deposit for: Continue reading “Colorado Landlords: When and How to Return Security Deposits” »

Dying without a will is called dying “intestate” (i.e., without a “testament” or will). If you die intestate, the courts will use the Colorado intestate succession laws below to determine who inherits your estate.

Colorado’s Intestate Succession Laws

              IF YOU HAVE A SPOUSE AND DIE INTESTATE

IF no descendants or parents
    THEN your spouse gets it all.
IF all your descendants are also your spouse’s descendants
    THEN your spouse gets it all.
IF no descendants BUT parents
    THEN your spouse gets the first $300,000 of your estate plus 3/4 of what’s left
      AND your parents get the rest, divided into equal shares among your living
        parents.
IF all your descendants are also your spouse’s descendants
    AND your spouse has one or more descendants who are not related to you
      THEN your spouse gets the first $225,000 of your estate plus 1/2 of what’s
        left
          AND your descendants get the rest, divided into equal shares.
IF one or more of your descendants are not related to your spouse
    THEN your spouse gets the first $150,000 of your estate plus 1/2 of what’s left
      AND your descendants will get the rest, divided into equal shares.

              IF YOU HAVE NO SPOUSE AND DIE INTESTATE

Continue reading “This Could Happen to You” »