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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February 2018 Legal Tidbit

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Question: My tenant’s lease is expiring and I want him to move. What should I do?

Answer: When a landlord accepts rent for any time period after lease expiration, the lease becomes a month-to-month tenancy. To avoid that, immediately after expiration you may evict. Since the tenant should know that his lease is expiring and his right to occupy the rental premises is ending, no legal notice is required prior to starting eviction proceedings. Do not accept any rent for any time after the expiration date. It is recommended (but not legally required) that you send the tenant a written notice 30 to 60 days prior to lease expiration telling him that you have elected not to renew his lease and that he will be expected to surrender the rental premises and his keys to you on or by the lease expiration date.

January 2018 Legal Tidbit

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Question: What does “normal wear and tear” mean?

Answer: Colorado law defines "normal wear and tear" as “that deterioration which occurs… without negligence, carelessness, accident, or abuse of the premises…” The longer that a tenant has been living in the rental unit, the more likely that a court will find that incidental damage is "normal." While there will be no question that a red wine stain in carpet or a large hole in drywall is beyond "normal wear and tear," traffic patterns in carpet, scuff marks on walls, and dings in walls may very likely be viewed as “normal,” particularly if the tenant has been living there a long time or has children and/or pets. Keep in mind that if the expected useful life of paint and carpet in the rental unit has passed, then courts will be unwilling to tax the tenant for any of the costs of new paint or carpet. Since “normal wear and tear” is a subjective judgment by the courts and the statutory consequence of an adverse ruling can be treble damages against the landlord, be conservative in charging your tenant to restore your rental unit.

December 2017 Legal Tidbit

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Question: I want my tenant to move out. What are my choices?

Answer: If the tenant signed a lease which has not yet expired and they are living up to the obligations in the lease agreement, then they cannot be evicted. You can ask them to leave and can offer them compensation. If they agree, sign a termination agreement and do not pay them until they are completely out and have surrendered keys. You may elect not to renew the lease. Notify them in writing so that they have time to find a new place. If the lease has expired, the tenant may be evicted. If the tenant has violated the terms of the lease, serve a three day Demand. If the tenant is month-to-month you may terminate the tenancy by serving a Notice to Quit and evict if they fail to move out.

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.