Colorado Eviction: Employee Occupancy Law

Filed Under (Eviction) on 24-11-2014

If you rent from your employer or work for your landlord, there are special eviction laws for you. It’s important to be aware of the “Employee Occupancy Law.” Popular situations in which this dual relationship might occur include ski area employees living on property owned by the ski area, maintenance professionals living on the premises, and motel managers living on-site. The Employee Occupancy Law provides that, in certain situations, a “landlord” who is also an employer need not follow normal eviction procedures to dispossess a terminated employee who has been occupying the premises of an employer as a condition of employment. Rather, the employer may avail itself of a summary process, in which the employee receives at least three days’ written notice to vacate; and if the employee refuses, then the county sheriff can remove the tenant without delay. This is a much more condensed version of the standard eviction process.
Certain requirements and procedures are set forth in the Employee Occupancy Law.

1.    The employer/landlord and employee/tenant must have signed a written agreement which provides:

a.    The names of the employer and employee;

b.    A statement that the employer is granting the employee a license to occupy certain premises and that this license is provided to the employee as part of the employee’s compensation and is subject to termination at any time after the employment relationship ceases;

c.    The address of the premises; and

d.    The signature of the employer and employee.

2.    If the employee is terminated and the employer desires to terminate the employee’s occupancy, the employer must provide a “Notice of Termination” to the employee.

3.    If the employee fails to vacate the premises within the allotted time after the receipt of the Notice of Termination, the employer may then contact the county sheriff, who is authorized to remove the employee and any personal property of the employee.

For a list of requirements for the Notice of Termination or more information regarding the Employee Occupancy Law, check out the “Landlord & Tenant Guide to Colorado Leases and Eviction”, by Victor M. Grimm, Esq. and Denise E. Boehler, Certified Paralegal.

What Can You Do if Your Tenant Breaks the Law?

Filed Under (Eviction) on 02-04-2014

If your tenant has broken a law or committed a violent act on or near the leased property, a Demand for Compliance or Possession is not required. Rather, a Notice to Quit, similar to the form used for a repeat violation of lease is required.

Colorado law states that it is an implied term of every lease of real property that a tenant shall not commit a “substantial violation” while in possession of the premises. A substantial violation is an act by the tenant or by “any guest or invitee” of the tenant, which either:

1.    occurs on or near the premises, and endangers the person, or endangers the property of the landlord, co-tenant, or any person living on or near the premises, or Continue reading “What Can You Do if Your Tenant Breaks the Law?” »

Bradford Publishing Launches Colorado-Only Attorney Directory

Filed Under (Bradford Publishing News & Updates, Business, Child Support, Custody and Visitation, Colorado Deeds, Divorce and Legal Separation, Domestic Partnership, Employment Law, Eviction, Leases and Landlord Tenant, Mechanics Liens, Medical Marijuana, Probate, Real Estate, Wills and Estates) on 08-11-2013

We’re excited to announce our new Colorado Attorney Directory! On November 1st we launched an online directory to link Colorado consumers with Colorado attorneys. Bradford has offered information, products and services for Colorado attorneys, businesses and consumers for more than 100 years.  With changing technology, most of our products and services have moved online to our website.  Now, more than 12,000 people visit our website each month in search of legal resources.

Bradford provides lots of self-help solutions for you to complete a legal procedure on your own, but sometimes it’s not enough and contacting a legal expert is necessary. Now we can connect you to attorneys practicing in your local Colorado community. Deciding whether to hire an attorney is a big decision.  The bottom line is knowing if you’re capable and willing to take on a particular legal task yourself. Sometimes you don’t realize immediately that the task is beyond your capabilities.

The new Colorado-only Attorney Directory can help you find the right attorney. Laws vary by state so it’s important to follow Colorado law. We make sure the attorneys listed are lawyers in good standing with the Colorado Supreme Court. They also have completed profiles on the site, so their expertise and experience is clear and allows you to know as much as possible about the lawyer’s practice before picking up the phone. Our goal is to provide easy access to Colorado attorneys who can help you find legal solutions.

Check out our new Colorado Attorney Directory and let us know what you think!

Repeat Violation of Colorado Lease Agreement

Filed Under (Eviction) on 10-10-2013

Yep, they did it again. The rule is no dogs allowed on the property, which is clearly stated in the lease agreement. You were being “Mr. Nice Guy” by verbally warning them a couple times, and then you posted a three Day Demand for Compliance or Possession. You thought you got through to your tenants because things have been quiet for awhile. Now 6 months later you see Spot digging a hole in the front yard. Will you have to start over and give them another 3 day notice to cure?

No. A provision of the Forcible Entry & Detainer (FED) law modifies the rights of tenants and the duties of landlords relative to repeated violations of the lease agreements. The law provides: (a) if the landlord had previously issued a Demand for Compliance or Possession to a tenant relative to a certain violation of a covenant: and (b) the tenant had cured the violation; and (c) the tenant subsequently commits a second violation of the same covenant, then the landlord does not have to provide another 3 day notice, but may provide a “Three Day Notice to Quit” which does not allow the tenant to correct the problem, and then the landlord may pursue an eviction action.

This Notice to Quit (Repeat Violation) is served in the same manner as the Demand for Compliance or Possession (see “The 3-Day Notice: How to Start a Colorado Eviction” post). The same construction of the three-day rule discussed in “The 3-day Notice” post is suggested.

Here is a checklist for Notice to Quit (Repeat Violation) (Form No. 219R)

•    Must be in writing.

•    Must be addressed to the tenant or lessee. Continue reading “Repeat Violation of Colorado Lease Agreement” »

Colorado Eviction: Self-Help

Filed Under (Eviction, Leases and Landlord Tenant) on 18-07-2013

One sure way for a landlord to turn the bad situation of a defaulting tenant into a worse situation is to undertake a self-help remedy without carefully and thoroughly considering the lease, the law, and the facts involved in the particular case. In landlord/tenant disputes self-help is the practice of “taking the law into your own hands” and attempting to enforce a lease without court assistance. The case reports are filled with horror stories of landlords who wrongfully entered the leased premises and were held liable for such wrongful acts as trespass, conversion, and outrageous conduct. Several of these cases resulted in large punitive damages being assessed against the landlord. Continue reading “Colorado Eviction: Self-Help” »

Tenants Facing Eviction Proceedings

Filed Under (Eviction, Leases and Landlord Tenant) on 30-05-2013

If you’re a tenant facing eviction proceedings, the single most important thing you can do is to pay attention to the situation. Do not ignore phone calls, posted notices, or process. Communication is so important because failure to communicate could have drastic consequences.

Early Letters and Phone Calls

In the majority of cases, before even considering legal action, the landlord will attempt to contact the tenant by phone, E-email, or mail regarding a problem. A large portion of these problems are resolved with early communication between the parties.

You should respond promptly to communications from your landlord. There is nothing that will force the onset of litigation more rapidly than a stonewalling tenant. If a problem exists regarding such things as the timely payment of rent or a barking dog, you should be aware of the interests and concerns of the landlord. A good example of this is, if you’re 5 days late paying rent it may seem minimal to you,  but for a landlord who relies on this sum to pay the monthly mortgage, a delay in payment can be significant—it can literally put the landlord in default of the mortgage and place the building in jeopardy of foreclosure.

Instead, explain your situation to the landlord and suggest a resolution. Written correspondence is recommended.  Send letters or e-mail confirming the contents of any telephone conversations. If a resolution or compromise is reached, the agreement should be memorialized in writing. This agreement does not need to be fancy or formal, but should contain the information in the checklist below. Continue reading “Tenants Facing Eviction Proceedings” »

Should I Hire an Attorney for My Legal Issue?

Filed Under (Business, Colorado Deeds, Divorce and Legal Separation, Eviction, Leases and Landlord Tenant, Mechanics Liens, Power of Attorney, Probate, Real Estate, Small Claims, Starting a Business, Wills and Estates) on 23-05-2013

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?” »

Ending a Tenant’s Rental

Filed Under (Eviction, Leases and Landlord Tenant) on 28-03-2013

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” »

Colorado Landlords: Protect Your Investment! Colorado Tenants: Know Your Rights!

Filed Under (Bradford Publishing News & Updates, Eviction, Leases and Landlord Tenant) on 06-02-2013

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.

The Colorado Eviction Timeline

Filed Under (Eviction) on 04-12-2012

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” »