Bradford Publishing Blog | Colorado Law Articles & Topics

The decision to hire an attorney depends upon assessing the situation — and then being honest with yourself about your ability to handle the matter on your own.

First, always consult an attorney for:

•    Criminal charges
•    If you are sued
•    Bankruptcy
•    Employment issues (whether you are a business or an employee)
•    Personal injuries
•    Entering a franchise agreement
•    Selling a business, or bringing new owners into a business.

Individuals may effectively handle family law matters, business transactions, estate planning, and tax issues. However, one has to consider the costs of time and expertise when deciding to act without an attorney.

Advantages of handling a legal issue yourself:
•    There are Court-approved forms and books to help you.
•    You can move quickly, not waiting for an attorney to get to your matter.
•    You save money by not hiring an attorney.

Disadvantages of handling a legal issue yourself: Continue reading “Should I Hire an Attorney for My Legal Issue?” »

Your tenant has done nothing wrong; you simply want to end their occupancy of the premises for one reason or another. It is important to give the tenant proper notice at the appropriate time. Three basic types of termination are most commonly used. The law specifies how much notice and what kind of notice you must give a tenant based on the situation.

1.    End of Term Lease: The tenant’s one year lease has expired and the tenant has failed to move out, and the landlord wants the tenant out immediately.

This is the simplest type of termination. It is well-settled law that no pre-litigation notice (Notice to Vacate) is required to be given to a tenant when the lease ends. If the tenant fails to leave, an eviction proceeding may be started immediately.

2.    Holdover Tenancy: If a tenant remains on the leased premises after the expiration of a lease and the landlord continues to treat the tenant as a tenant (i.e., continue to collect rent), a holdover tenancy has been created. Continue reading “Ending a Tenant’s Rental” »

Is your tenant late on the rent? Has your landlord fixed that broken window yet? All your landlord and tenant questions are answered in the just-released fifth edition of the  “Landlord Tenant Guide to Colorado Leases and Evictions.” This popular book contains all the information you need to understand residential leasing and eviction procedures in Colorado.

 Landlords will learn:

•    How to fill out standard lease forms

•    Steps to take to protect themselves and their property

•    Colorado’s Warranty of Habitability Act

•    How to navigate the eviction process

Tenants will learn:

•    All about security deposits

•    Colorado’s Warranty of Habitability Act

•    Defenses to an eviction

•    How to file an Answer or Counterclaim

This new edition also contains a section on leases, including new provisions in the lease forms that discuss Pest Control and Mold, Smoke Free Premises, and Medical and Recreational Marijuana use, plus instructions for completing a lease.

Both landlords and tenants can avoid costly mistakes and reduce legal fees by reading the “Landlord and Tenant Guide to Colorado Leases and Evictions” by Victor M. Grimm, Esq. and Denise E. Boehler.

In Colorado County Courts, completing an eviction, or Forced Entry and Detainer, is a bit like a dance. Each player makes moves in a certain sequence.  Your goal, as a landlord, is keep the process rolling forward smoothly and quickly.  You can do this by filing paperwork timely and correctly in Colorado County Civil Courts.   

Here’s a possible timeline.

Day 1: The rent is due, usually on the first day of the month. Your lease might say: “Rent is payable by twelve o’clock noon on the first day of each calendar month at the address below…”  Rent not received by 12 Noon on the first day of the month is then officially past due. You can serve the 3-day notice on day two.

Day 2: You serve the 3-day notice, or demand for compliance or possession. Remember that the day you serve the notice doesn’t count towards the three days. Let’s imagine you served on a Tuesday. The date for compliance or possession is that Friday (unless it’s a legal holiday on Friday).

Day 5: It’s Friday and you hear…nothing. Your tenant has neither paid up, nor called you to negotiate, nor moved out.  You either fax the Demand for Compliance or Possession to your lawyer, or spend the weekend working on your complaint and summons. Continue reading “The Colorado Eviction Timeline” »

Once you’ve completed your eviction forms and filed them in court, it’s time to serve – or notify – your tenant.

Each defendant in the case, or person on the lease (other than minors occupying the premises), must get his or her own copy of the Summons, Complaint, and blank answer form. This is known as “service of process” or simply, “service.” These documents must be served no fewer than seven days before the court date. 

Service is a legal act because the courts must ensure that the defendant received the Summons. If the defendant/tenant is not served, he or she will not be subject to the court’s orders.

Do service correctly. Improper service can hold your case up or cause it to be dismissed.

Step One: Mail Continue reading “Colorado Eviction: How to Serve the Summons and Complaint” »

Eviction is a legal process in Colorado. A landlord can only evict a tenant through a formal legal proceeding, and this must go through the courts. It is never legal to lock a tenant out of the property. 

If you have issued a three-day notice, and your tenant has not fixed the problem, it may be necessary to file a Forcible Entry and Detainer Summons and Complaint in court. The paperwork is filed in the Civil County Court where the property is located.  Note that courthouses are closed on weekends and all legal holidays.

For a step by step guide to Colorado Evictions see, The Landlord and Tenant Guide to Colorado Leases and Evictions by Victor M. Grimm, Esq.  and Denise E. Grimm

Evictions in Colorado, as in every state, can be complicated. Landlords must follow strict court rules and use specific forms. Here is a sampling of forms used for eviction in the Denver Metro Area and throughout Colorado.

Pre-Eviction Notices
Prior to beginning an eviction, you must give tenants fair warning.  These forms are all called “3-day notices”.

The 3-Day Notice, aka Demand for Compliance or Possession

This notice gives tenants three days to fix the problem (i.e. pay the rent, stop smoking in the house), or move out. The demand is a formal document with two parts, a top and bottom.

The top spells out the tenant’s name, the property and the problem. You date and sign it. The bottom part describes how you delivered, or “served,” the notice to your tenant. Make sure to make a copy of it; you’ll need it for the forcible entry and detainer complaint, below.

3-Day Notice to Quit (Repeat Violation) Continue reading “A Beginners Guide to Colorado Eviction Forms” »

What is medical marijuana? How do I get a medical marijuana card in Colorado? What are the rules about Colorado dispensaries, and how do they operate under the Colorado Medical Marijuana Code?

Our newest book, “Colorado Medical Marijuana Law,” answers these questions and much more in first-ever legal handbook about medical marijuana in Colorado.

Since its passage into law, Colorado’s medical marijuana statute has been contested and controversial. Media stories have caused confusion among patients and the many professionals who must understand the law to succeed in their businesses.

“Colorado Medical Marijuana Law” starts by focusing on Colorado’s historic legislation. Then it continues to a thorough analysis of how the law and the medical marijuana industry affect other areas of law, such as land use, the medical profession, business structures, contracts, taxation and government. Continue reading “Colorado Medical Marijuana Law Explained At Last” »

Small tweaks in Colorado state law just made life easier for Colorado landlords and tenants. The changes concern the timing of notices required to get tenants to leave your property, either through notice to quit or eviction on the landlord’s end and notices terminating periodic tenancies on the tenant’s end. 

Here’s what Senate Bill 12-175 changed:

For month-to-month rental agreements:

Landlords using month-to-month leases must give their renters notice when they want their renter to move out. If not, the tenant will keep living in the unit. It used to be that landlords had to serve this notice, the notice to quit, 10 days before the end of the month. Now, landlords can serve it seven days, or one week, before the month ends. Likewise, if a tenant wants to terminate a month-to-month lease, the same seven days will apply. Continue reading “Colorado Changes Timing on Key Landlord/Tenant Notices” »

Noisy parties. Unpaid rent. Drugs or violence. All of these likely constitute lease violations, and, as a landlord, you may choose to respond to them with a Demand for Compliance or Possession or a Notice to Quit.

Simply put, the Demand for Compliance or Possession gives your tenants a chance to fix the problem and remain your tenants; the Notice to Quit doesn’t.  It simply tells them to move out.

Because these are legal tools, special rules govern how and when you can use them. 

Which Notice Do I Use? Continue reading “Demand for Compliance or Possession vs. Notice to Quit: What’s the Difference?” »