Bradford Publishing Blog | Colorado Law Articles & Topics

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” »

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.

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” »

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” »

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” »

If you are one of Colorado’s 161,000 certified users of marijuana – and you’re a tenant – you may wonder if it affects your housing situation.

Even though in Colorado the use of marijuana is legal in some situations, under federal statutes marijuana is a “controlled substance,” and owning it, selling it and using it are illegal under a number of federal laws.

That said, should you tell your landlord about your medical marijuana need and use?  What about the neighbors? Does being a “certified user” give you protections and privileges of someone with a medical disability? Can your landlord evict you for smoking pot?

Here’s what we know so far based on case law and common sense: Continue reading “What Renters Need to Know About Medical Marijuana and Colorado Housing Law” »

In Colorado, three situations can give rise to an eviction:

Default

Default takes place when the tenant doesn’t pay the rent or violates one of the lease terms.

Landlords must first officially give tenants warning and a chance to fix the problem before moving them out. The warning comes in the form of a three-day notice, also called a Demand for Compliance or Possession.  Basically, the notice gives tenants three days to pay the rent, i.e. fix the problem, or move out.  If the tenants don’t respond to the three-day notice, the eviction process can begin.

Termination of Tenancy

In this case, the tenant has done nothing “wrong;” but the lease calls for the tenancy to end by a certain date, and the landlord also wants the tenant to move out.  The eviction process can begin when the tenant stays in the property after he or she is supposed to move out. Continue reading “Three Situations that Can Trigger Eviction in Colorado” »