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!

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.

Section 8 versus Non-Section 8: What Colorado Landlords Need to Know

Filed Under (Leases and Landlord Tenant) on 27-09-2012

The Section 8 Housing Assistance Program is a subsidy program for very low-income tenants. The federal government, through the Department of Housing and Urban Development (HUD), pays all or some of a tenant’s rent in the private housing market.

Colorado landlords don’t have to accept Section 8. When a potential tenant calls to ask if you accept Section 8 vouchers, it’s okay to say no. 

Still, Section 8 may appeal to landlords for a variety of reasons. There’s a large market of Section 8-qualified tenants, and, for your part, working with Section 8 means steady, guaranteed payments. But before you post “Section 8 okay” on your ad, you should know that the program has specific rules and hoops to jump through. Read below how working with Section 8 differs from renting to conventional tenants.

Condition of the property Continue reading “Section 8 versus Non-Section 8: What Colorado Landlords Need to Know” »

Section 8 for Colorado Landlords: the Basics

Filed Under (Leases and Landlord Tenant) on 11-09-2012

The Section 8 Rental Assistance program helps very low-income Coloradans (families, the elderly and the disabled) pay for rental housing in the private market. Section 8 is a subsidy program. The government pays most or all of the rent, but – depending on family status, income and other factors – tenants may pay a portion as well.

The funds for Section 8 come from federal tax dollars, but the program is managed through local city and county housing agencies, such as the Denver Housing Authority.  Each housing authority gets a budget to pay for Section 8.  Because more people in Colorado qualify for Section 8 than the program can cover, local housing offices have long waiting lists or conduct annual lotteries.

History of Section 8
Federal housing assistance programs started during the Great Depression of the 1930’s. The programs have evolved over time, and in 1974, were amended to allow low-income participants to choose their own housing in the private market.   Section 8 Housing Choice Vouchers now help about 2 million Americans.

How it works Continue reading “Section 8 for Colorado Landlords: the Basics” »

Colorado Medical Marijuana Law Explained At Last

Filed Under (Bradford Publishing News & Updates, Divorce and Legal Separation, Eviction, Leases and Landlord Tenant, Real Estate) on 06-09-2012

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” »

Colorado Changes Timing on Key Landlord/Tenant Notices

Filed Under (Eviction, Leases and Landlord Tenant) on 16-08-2012

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” »