Klass Law Group

Colorado's Premier Landlord-Only Law Firm

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Colorado Landlords - You Once Again Have A Choice

Klass Law Group - Colorado’s Premier Landlord-Only Law Firm

Representing you with integrity, honesty and more than 100 years of collective experience in Colorado landlord law, the Klass Law Group helps landlords deal with troublesome tenants in a timely and cost effective manner, consistent with ensuring that your landlord rights are vigorously defended.

Our honest, affordable and successful expertise in Colorado landlord law has been sought by nationally and locally based landlords and management companies operating throughout Colorado. If you are a landlord or property manager who owns or manages commercial or residential property in the State of Colorado, we can help you correct the behavior of, and if necessary, evict troublesome tenants.

2109 S. Wadsworth Blvd | Suite 202 | Lakewood, CO 80227
Phone: (303) 758-0500 | Fax: (303) 969-0501

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November Legal Tidbit

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Question: After I have served a Demand on my tenant for non-payment, what are my choices?

Answer: If the tenant pays the amount demanded (or the amount legally due) in full within the three days following the date on which the Demand was delivered, the landlord has no choice but to accept the payment and allow the tenant to stay. The landlord may refuse or reject a partial payment. If a partial payment is accepted, then a new demand for the balance still due should be served. Once the three days have passed, the landlord is not required by law to accept it and may instead require the tenant to vacate by
commencing an eviction lawsuit.

October 2017 Legal Tidbit

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Question: Is my tenant liable to pay for the attorney’s fees I incur to evict him?

Answer: The Colorado eviction law does not provide for the award of statutory attorney’ fees. However, your written lease may have language saying that the prevailing party in any court action will be entitled to recover his attorney’s fees. Note, that if you start the eviction and accept rent from the tenant without collecting those fees with the understanding that you will dismiss the eviction case, then you have not prevailed and are not entitled to the attorney’s fees. Since you are not legally required to accept rent after expiration of the three day, after the three day period, you can require that the tenant pay the past due rent and any attorney’s fees regardless of the terms of the lease as a condition to your acceptance of rent, dismissal of the eviction case, and agreement to allow the tenant to stay.

September 2017 Legal Tidbit

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Question: What can I do with a tenant who addresses me and my management staff in a rude, foul-mouthed, threatening, abusive and/or insulting manner?

Answer: Your written lease should have language in it that prohibits the tenant from interfering with the operation of the management staff, or the property. (If not, add it to your lease.) The behavior is a lease violation. Notify the tenant in writing that the behavior is unacceptable and will not be tolerated. If it persists, notify the tenant in writing that all communications with staff must be in writing, that he not to enter the management office, and that if he enters the management office he will be trespassing and the police will be called and asked to arrest him. You may also serve a Demand for Compliance or Possession giving the tenant 3 days to terminate his unacceptable behavior. If the behavior is repeated after the expiration of 3 days from the Demand, serve a Notice to Quit for Repeat Violation and, if necessary, evict.

August 2017 Legal Tidbit

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Question: When is the written accounting of the retention of the tenant’s security deposit due?

Answer: The Colorado security deposit law requires that the landlord’s written accounting explaining the use of the tenant’s security deposit be sent “within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last… unless the lease agreement specifies a longer period of time, but not to exceed sixty days.” So, if a tenant signs a one year lease on March 1, 2017, ending February 28, 2018, but abandons the rental or is evicted on June 1, 2017, since the lease does not expire until the following February 28, the accounting is not due until a month (or up to sixty days) after February 28, 2018! However, don’t wait. If possible, send the accounting within several weeks of the date that you receive the rental premises back into your possession.

July 2017 Legal Tidbit

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The 71st Colorado Legislature was busy this term on behalf of tenants. They passed Senate Bill 245 changing the minimum time period for a landlord to give notice to a month-to-month tenant that his tenancy is to end, or that the rent is going up, from seven (7) days to twenty-one (21) days. Governor Hickenlooper is expected to sign the bill into law. The new rule is set to go into effect on August 9, 2017. Assuming that a month-to-month tenant pays his rent on the first of the month, if a landlord wishes to terminate the tenancy and require the tenant to move out, the landlord’s Notice to Quit must be served upon the tenant or posted on his door at least 21 days before the last day of the month. Note that, as before, while Colorado law does not require the landlord to have or give a reason for such termination, the landlord still must have a non-discriminatory reason for the termination of the tenancy under federal and Colorado housing discrimination laws.