Klass Law Group

Colorado's Premier Landlord-Only Law Firm

FAQ's

Frequently Asked Questions

Find answers to your questions about evictions, landlord-tenant law, and much more.

If you are a Landlord and you can’t find the answer to your question here…call us! Whether or not you are a client there are no charges to have an attorney answer your question. Call the Klass Law Group at 303-758-0500.

1. I think my tenant has moved out. What do I do?

Answer:
The law requires the court to make a judgment about whether the tenant intended to surrender the rental unit back to you. If your tenant has turned in or left behind his keys to the unit, that is clear evidence that he intended to turn the rental unit back over to you. In that case get the unit ready and rent it to someone else. Issue a timely accounting of the tenant’s security deposit. You may then decide whether to pursue the tenant for unpaid past and future rent. If the tenant has left property behind, has not turned in keys, and is current on the rent, wait to see if the next rent is paid. If the tenant has left property behind, has not turned in keys, and the rent has not been paid, then an eviction lawsuit will protect you from any claim by the tenant for the loss of the property left behind. Please see our article on this subject under the Resources tab of this website for more detail.

2. My tenant has changed the locks without my permission. What do I do?

Answer:
We encourage our clients to place language in their leases which prohibit tenants from changing the locks. Or, if the lock has been changed, requiring the tenant to supply you with a key so that you have access. You have a right to reasonable access to your rental unit for purposes of inspection, repair and emergency. If the lease requires that you have a key for access, then it is a violation of the lease and a notice should be given. (See above.) If the lease does not require that you have a key, give reasonable advanced notice to the tenant of your need for access and inspect the rental unit. If everything is fine at the rental, ask the tenant for a copy of the new key. If there is a problem at the rental unit, assert your rights to evict by giving an appropriate notice.

3. My tenant has filed bankruptcy. What do I do?

Answer:
When a bankruptcy case is filed, the law gives the tenant and her property automatic protection from the actions of creditors including her landlord. This protection is called a “stay.” Bankruptcy law considers the tenant’s lease and right to occupy the rental unit an asset of the tenant. So, the stay prevents an eviction. However, the bankruptcy court will not allow a tenant to remain in possession of the rental unit if rent is not being paid. An eviction can still be done, but “relief” from the “stay” will have to be obtained before the eviction process can go forward. Please see our article on this subject under the Resources tab of this website for more detail.

4. My tenant has not paid the rent. What do I do?

Answer:

The strongest tool that Colorado law gives a landlord is the right to evict the tenant from the property. In order to do that the law requires you to prepare and give to the tenant a written notice. The notice gives your tenant three days (unless your lease by its terms obligates you to give the tenant more time) to either pay the rent or move out. The notice may be handed to the tenant. If the tenant does not answer his/her door, the notice may be posted on the door. If the tenant has not paid the rent or moved out by the end of the third day (the day you gave the notice does not count), then contact our office and we will proceed with the eviction lawsuit on your behalf.

5. My tenant has paid his rent but is violating other terms of the lease. What do I do?

Answer:
The strongest tool that Colorado law gives a landlord is the right to evict the tenant from the property. As in a case in which rent has not been paid, the law requires you to prepare and give to the tenant a written notice. Unless the tenant is engaged in dangerous or criminal activity, the notice gives your tenant three days to either correct his actions which violate the terms of the lease or move out. If the problem has not been corrected, then an eviction case can be filed. Contact our office and we will proceed with the eviction. Please see our article on this subject under the Resources tab of this website for more detail.

6. My tenant is disturbing other tenants and/or neighbors. What do I do?

Answer:
Depending upon the terms of your written lease and the terms of your leases with neighboring tenants, this can be a problem for you as the landlord. You may be required to take some action. If you witnessed the disturbance, a police report should be made by contacting your local law enforcement agency. Often the landlord was not aware of the disturbance. When you receive a complaint from a neighboring tenant, have that tenant contact the police and obtain a copy of the police report. Get a copy of the police report yourself. Have the complaining tenant or tenants contact the police every time there is a problem and also let you know. A notice must be given to the problem tenant to give him or her three days to stop the disturbance. See the answer to the preceding FAQ. Contact our office if the problem continues.


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

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