Colorado Illegal Evictions Lawyers
As a tenant, being illegally evicted can cause serious challenges. Finding another place to live can be challenging, especially with low vacancy rates and high rental costs in Denver and across Colorado. It is also expensive to move, and having an eviction on your record can make it hard to secure good housing, especially in a hurry.
If you are facing an illegal eviction or if you’re a Colorado landlord who is being accused of breaking the law when evicting a tenant, it can be useful to speak with Colorado illegal evictions lawyers. You can set up a consultation with an experienced attorney today by contacting Flaxman Law Group at 970-999-0530 for a consultation with our team. It’s important to consult with an experienced attorney because the wrong step can mean you end up facing an unnecessary eviction or end up facing a legal claim. We can explain the law clearly to you and can work to protect your rights.
Understanding Eviction Laws in Colorado
Eviction is a legal process that allows a landlord to remove a tenant from a rental property. In Colorado, eviction laws are designed to protect the rights of both tenants and landlords, ensuring that the process is fair for everyone. In Colorado, under HB24-1098, landlords can only evict renters for specific reasons:
- Non-payment of rent
- Criminal activity
- Substantial property damage, beyond normal wear and tear
- Significant lease violations, such as illegal activity on the property
Even if one of these conditions is present, landlords cannot forcibly remove tenants without following legal procedures. They must provide adequate notice of the problem, and give the renters a chance to make it right. If the tenants do not resolve the situation, then the landlord must file the correct paperwork with the county to start the eviction proceeding.
In some cases, tenants and landlords are required to go through mediation before going to a hearing, to try to resolve the problem before it goes to a hearing. If the issue does go to a hearing, a judge will decide on the matter. Should the judge find in favor of the landlord, the landlord can take further action and eventually have a law enforcement officer remove the tenants if the renters still refuse to leave.
Types of Illegal Evictions
While landlords are entitled to take legal action to remove tenants under certain conditions, they cannot evict tenants in any way that violates Colorado law. Any attempt to remove a tenant in violation of the law is considered an illegal eviction.
One common type of eviction that is illegal in Colorado is a self-help eviction. This is where a landlord takes matters into their own hands to remove a tenant. In this type of illegal eviction, a landlord may:
- Changing the locks to the rental unit.
- Remove the tenant’s belongings from the property without their consent.
- Shut off utilities.
- Physically try to remove the tenant from the premises.
- Try to make the property unbearable so the tenant will leave.
All of these actions are illegal and can also lead to the landlord being sued for damages.
Another illegal eviction is a retaliatory eviction. This is where the landlord tries to evict a tenant because the tenant attempted to exercise their legal rights. This can include complaining about unsafe living conditions, requesting repairs, or joining a tenant union. Under Colorado law, tenants are protected from retaliatory evictions. Colorado law prohibits landlords from evicting tenants for engaging in these protected activities, and any eviction based on retaliation can be contested in court.
A common type of illegal eviction is an eviction without due notice. In Colorado, landlords are required to provide tenants with proper written notice before initiating an eviction. Failing to do so can invalidate the eviction process.
Discriminatory evictions are also taken seriously under both federal and Colorado state law. Evictions cannot be based on discrimination. The Fair Housing Act and Colorado’s anti-discrimination laws protect tenants from being evicted on the basis of certain protected characteristics, including:
- Race, color, or national origin
- Religion
- Gender, sexual orientation, or gender identity
- Disability
- Family status (such as whether a tenant has children)
If a landlord attempts to evict a tenant because of their protected status, the eviction is considered illegal. Additionally, a landlord cannot refuse to rent to a tenant for discriminatory reasons, such as their national origin or race. Discriminatory evictions can lead to legal action and potential penalties for the landlord.
In addition, there are special protections for tenants in specific circumstances. For example, in some Colorado jurisdictions, law enforcement officials will not remove a tenant from the premises in extreme cold, even with a valid eviction order. They will wait until the temperatures rise. In cases where a tenant is receiving social assistance, mediation may be required. The eviction may be illegal if the landlord attempts to evict such a tenant without mediation.
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How Do I Know If My Eviction Is Illegal?
Both landlords and tenants should become familiar with Colorado laws to understand what is legal in an eviction. In general, an eviction may be illegal if the proper filings and paperwork is not completed and the tenant is not given adequate notice. In addition, the eviction may be illegal if the landlord cuts off power, changes the lock, or otherwise tries to make the housing unlivable. Another sign may be that the eviction notice comes immediately following a dispute about the habitability or another issue or after the landlord makes discriminatory remarks. In Colorado, an eviction is also illegal if no cause is provided or if the cause for the eviction is not an acceptable cause under HB24-1098.
In some cases, it can be challenging to know whether an eviction is illegal. For example, a landlord may be completing extensive repairs to a premises, causing noise and dust. A tenant may see this as an attempt to force them out, but the landlord may claim the repairs are necessary. In these cases, a landlord-tenant dispute attorney can establish whether the eviction is legal or not.
What Can Be Done in the Case of an Illegal Eviction
If you are renting and believe you are facing an illegal eviction, start by reviewing this page to understand your rights. Remember that as a tenant you are entitled to:
- Proper Notice. Depending on the reason for eviction (e.g., non-payment of rent or lease violations), tenants must receive written notice with a specific time frame to either resolve the issue or vacate the premises. The notice must be clear and comply with legal requirements.
- The Right to Defend. Tenants have the right to defend themselves in court if they believe the eviction is unlawful. This can include challenging the grounds for eviction, disputing claims, or proving that the landlord violated their rights.
- Protection Against Retaliation. If the eviction is a result of retaliatory actions by the landlord, tenants are protected under Colorado law. For example, a landlord cannot evict a tenant because they filed a complaint about habitability issues or exercised other legal rights.
Of course, knowing your rights is just the start. You also need to protect those rights by documenting everything. You will want to:
- Keep copies of all notices, including any eviction notices or letters from the landlord.
- Take photos or videos of any illegal eviction attempts, such as changed locks or excessive noise.
- Avoid signing anything or moving out before speaking with a landlord-tenant dispute
If tenants suspect an illegal eviction is occurring, seeking legal advice is one of the most important steps. Colorado illegal evictions lawyers can explain your rights to you, work to defend you against an illegal action, and can help you pursue a legal claim, if that is the best way to proceed.
In many cases, Colorado illegal evictions lawyers will begin by trying to work out the situation without legal action. However, if the landlord is proceeding with an illegal eviction, your lawyer can represent you in court. If the landlord’s actions are found to be illegal, you may be entitled to compensation for damages caused by the illegal eviction. You may be able to file a lawsuit to recover damages for:
- Actual damages, which are the financial losses resulting from the eviction (such as moving costs or lost property).
- Legal fees.
- Punitive damages, if the landlord acted in bad faith or intentionally violated the law.
Your attorney can explain if you have a lawsuit and can file on your behalf, so you can get the compensation you may be entitled to.
Why It’s Important to Consult with Colorado Illegal Evictions Lawyers
Illegal evictions are one of the most common causes of landlord-tenant disputes, and unfortunately these situations can quickly turn into a case of finger pointing. For example, a landlord may accuse a renter of not taking care of the property, while the tenant may claim the landlord is trying to evict them because of a discriminatory reason. Without an attorney, it is hard to prove discrimination.
In fact, proving illegal evictions is often very challenging without a lawyer. If a landlord shuts off your power and you try to argue that this was an attempt at illegal eviction, the landlord may claim it was a mistake or that there was a problem with the system. Attorneys with experience are familiar with these tactics and know how to protect you.
It is important to consult with an attorney as soon as you feel your landlord is acting in bad faith. Hearings and deadlines come up quickly, and you don’t want to lose your chance to defend your rights.
Illegal evictions can have serious consequences that can affect you for years, so it is important to fight back. It can seem easier to just move somewhere else, but if your landlord succeeds in illegally evicting you, you may:
- Have an unjust eviction record which could impact your ability to find a new home.
- Have to deal with the costs of moving.
- Have to pay for a new apartment, which can be expensive.
- Face challenges in getting your security deposit box.
- Be dealing with the stress of the situation, which can impact your peace of mind and even your mental health.
In addition, keep in mind that when a landlord evicts a tenant illegally, they will likely do the same thing to others. When tenants fight back, they can help prevent others from being treated poorly in the future.
It is not just tenants who are affected by illegal evictions. Landlords who are accused of illegal eviction attempts when they have done nothing wrong can also face serious consequences. A landlord who gets a reputation for illegal evictions will have a hard time getting quality tenants and may face high vacancy rates, leading to financial loss. Being accused of illegal evictions can also mean high legal fees and the stress of having to fight back.
While illegal evictions have the greatest impact on tenants, if you’re a landlord being accused of acting in bad faith, you’ll want to consult with an attorney to protect your reputation and investment.
As soon as you notice that a landlord-tenant dispute is starting to develop, contact Flaxman Law Group. Flaxman Law Group, with offices in Denver and South Florida, has long been synonymous with legal excellence, thanks to its founder, Charles Flaxman, and now through his son, Steven Flaxman. Together, they have established a reputation for providing unmatched legal services to individuals facing personal injury claims and landlord-tenant disputes. The firm’s commitment to serving clients with care and dedication has resulted in nearly $1 billion recovered for its clients, solidifying Flaxman Law Group as a trusted name in the legal community.
You can contact the Denever offices of Flaxman Law Group today at 970-999-0530 to schedule your consultation.
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Landlord-Tenant Dispute Clients Often Ask Us
These Important Questions
A landlord can typically keep all or part of your security deposit to cover unpaid rent, damage beyond normal wear and tear, or other lease violations. However, they must provide an itemized list of deductions and return any remaining amount within a specific timeframe, as required by local laws.
With a proven track record and a client-focused approach, we strive to make the legal process as stress-free as possible. Trust our offices in Colorado and Florida to provide honest representation throughout your landlord-tenant dispute. Contact Flaxman Law Group today so we can assist you with your landlord-tenant issue.
Landlords must always provide notice and cannot evict without going through proper court process, unless the lease or local laws specify otherwise. For example, in cases of criminal activity or immediate danger to the property, the landlord may proceed with an expedited eviction. Always check your lease and local tenant laws for specific requirements.
If your landlord fails to address necessary repairs after you've notified them in writing, you may have options such as:
Withholding rent (where allowed by law).
Making the repair yourself and deducting the cost from your rent. Reporting the issue to local housing authorities.
Seeking legal remedies in court. Document all communication and the condition of the property to strengthen your case.
The length of the eviction process varies depending on local laws and the circumstances of the case. It can take anywhere from a few weeks to several months. Generally, the process involves:
- A formal notice period.
- Filing of an eviction lawsuit.
- A court hearing.
- Enforcement of the eviction by local authorities, if necessary.
- Tenants may appeal or request delays, which can extend the timeline.
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Broad Experience in Landlord-Tenant Disputes
Skillfully navigated complex landlord-tenant conflicts, advocating for fair resolutions and protecting clients’ rights in rental and lease agreements.
Protecting Tenant Rights:
Helped hundreds of tenants recover withheld security deposits, terminate leases, transfer units, or obtain alternative housing in cases involving habitability issues.
Preventing Wrongful Evictions:
Represented tenants to successfully block unlawful eviction attempts, ensuring their housing rights were upheld.
Advocating for Landlords:
Assisted landlords in evicting problematic tenants and recovering compensation for property damages, lost income, and other related losses.