Landlord-Tenant Dispute Lawyers in Aurora CO

Landlord Obligations Under Colorado Property Laws

Landlords in Aurora also have well-defined responsibilities. These include:

• Maintenance and repairs. Landlords must ensure properties remain habitable. This means timely repairs for plumbing leaks, heating failures, pest infestations, or structural hazards.
• Proper notice for entry. Landlords can’t enter a rental unit on a whim. They must provide advance notice, state the reason, and respect the tenant’s schedule. This helps tenants maintain privacy.
• Fair treatment. Landlords must comply with federal, state, and local anti-discrimination laws.
• Security deposit transparency. Landlords must provide itemized statements for any deductions and return deposits within 30-60 days (depending on what is specified in the lease).

When landlords fulfill these obligations, it helps maintain a healthy landlord-tenant relationship. When they fail, tenants can protect themselves by documenting issues and seeking legal advice.

Evictions And Unlawful Detainer Actions in Aurora

Eviction is the legal process by which a landlord can remove a tenant from the property. In Aurora, landlords must follow strict legal procedures, and tenants have the right to defend themselves if an unlawful action occurs.

In Colorado, there are two reasons for evictions: cause and just cause. Eviction for cause happens because a renter has violated the lease agreement (by not paying rent, for example). In specific cases, landlords can evict a tenant for just cause. In this case, the tenant has generally done nothing wrong but the landlord:

• Wants to convert the property into another use.
• Is moving into the unit or has family moving into the unit.
• Wants major renovations in the unit.
• Wants to sign a new lease with the tenant, but the tenant refuses reasonable terms.

If a tenant has a history of non-payment of rent, meaning they have been late with rent for at least ten days at least twice, the landlord can also start a “for just cause” eviction.” If there is no cause for evicting the tenant and there is no “just cause” the landlord must continue to rent to the tenant. The landlord cannot evict a renter just to raise rents, for example.

The landlord must also provide adequate notice to the tenant and follow all specific procedures. The specific rules and notice requirements vary depending on whether the lease was fixed-term or month-to-month and what kind of eviction is happening. However, the requirements generally involve giving notice, giving the tenant time to respond, and filing an eviction (also known as an Unlawful Detainer) lawsuit.

If you are a tenant who has received an eviction notice, act quickly. Failing to respond to eviction notices or court filings can result in default judgments. Keeping detailed records of communications, payments, and repairs can be invaluable evidence if you contest the eviction.

Lease Violations And Security Deposit Disputes

Lease agreements are legally binding contracts outlining the responsibilities of both tenants and landlords. Violations can occur on either side. Tenants might face accusations of unauthorized pets, smoking in non-smoking units, subletting without approval, or causing property damage. Landlords may violate leases by failing to honor agreed-upon terms, altering rules mid-lease, or neglecting promised repairs.

For instance, a tenant in the Stapleton-like South Aurora area might put up a small balcony garden. If the lease prohibits modifications without landlord approval, this minor change could trigger a dispute. Similarly, landlords near the East Alameda Parkway corridor might impose sudden rent increases or deny agreed-upon amenities, creating tension with tenants.

In any of these cases, if there is a disagreement about the lease, consider consulting landlord-tenant dispute lawyers in Aurora, CO. An attorney can explain the lease to both parties and can negotiate to protect your rights. For example, an attorney can fight back if a landlord tries to raise rents mid-lease or can create an agreement for a tenant to reduce the size of their balcony garden to a container garden.

Security deposits are another common disagreement because they involve money and interpretations of “damage” versus “normal wear and tear.” Colorado law requires landlords to return security deposits within 30 days to 60 days (if the lease sets allows for 60 days). Common issues include:

• Cleaning fees that tenants believe are excessive.
• Claims of property damage that existed prior to move-in.
• Differences in interpretation of “normal wear and tear.”

Documenting the property’s condition when moving in and moving out is essential. Landlords and tenants can walk-through the unit upon move-in and move-out, taking photos and videos to document the condition of the property. If you didn’t do that and now there is a disagreement about the extent and cause of damage, consult with landlord-tenant dispute attorneys, who can seek a fair resolution.

Habitability And Repair Issues in Rental Properties

Unfortunately, tenants in Aurora often encounter properties that fail to meet habitability standards, even though Colorado law is clear that tenants are entitled to housing that is:

• Safe and structurally sound.
• Free from major plumbing, heating, or electrical problems.
• Free from health hazards, including mold and infestations.
• Equipped with functioning appliances included in the lease.

Landlords are legally required to maintain their properties, make timely repairs, and comply with health and safety codes. In Aurora, this might involve ensuring safe stairways in older apartment complexes, maintaining stormwater drainage to prevent basement flooding, or repairing furnaces before freezing winter temperatures. Failure to meet these obligations can expose landlords to legal liability and tenants to undue hardship.

If you do find yourself facing a disagreement about habitability issues, we recommend the following:

• Document everything. Take photos, videos, and maintain written records of maintenance requests.
• Make your requests in writing. Always provide written notice for repairs, noting dates and times. Even emails are better than verbal reports. If you are a landlord, keep careful records and receipts of any contractor work, repair quotes, and completed work.
• Consult with an attorney. If the landlord fails to act, tenants may withhold rent (under specific legal conditions) or pursue remedies through local housing authorities or legal counsel. If there is a disagreement about habitability, it is best to consult with an attorney.

Habitability issues are serious because they can be dangerous for tenants. Black mold, for example, can cause respiratory problems while exposure to asbestos fibers can increase a tenant’s risk of cancer. Poor lighting and maintenance can increase the risk of break-ins, falls, and injuries. These are simply issues that renters do not want to ignore.

In some cases, habitability issues can even lead to fatalities and wrongful death claims. For example, an unfixed garage door or broken pool gate can easily lead to a fatal accident.

For landlords, too, habitability issues can become a problem. A landlord may inherit or purchase a building, only to find serious problems later. Or, a tenant may cause property damage beyond what is reasonable and then demand repairs. Sometimes, finding reputable contractors can be a challenge. In all these cases, working with landlord-tenant dispute lawyers in Aurora, CO can help landlords and tenants sort out difficult situations.

Representing Tenants and Landlords in Court

When disputes escalate and cannot be resolved through negotiation, court action may be necessary. Representation can make a significant difference in outcomes, because attorneys know what to do to secure a positive result for clients. While tenants and landlords can represent themselves, any small mistake can cause them to lose a claim.

Not all cases need to go to trial. Mediation and settlement negotiations often resolve conflicts faster and with less stress. For example, a tenant near the Aurora Reservoir with repeated flooding may reach an agreement for rent reduction and repairs, avoiding lengthy litigation. Flaxman Law Group can guide both parties through these alternative methods, balancing speed, fairness, and legal protection.

Serving Aurora and Surrounding Communities

Aurora’s housing market is diverse. High-rise apartments near the Aurora City Center, single-family homes along Havana Street, and condos near the Anschutz Medical Campus each have unique regulations, rental agreements, and potential disputes. From unexpected eviction notices on Colfax Avenue to security deposit disagreements in the Prairie Center neighborhood, our team understands the local nuances that can make or break a case.

Aurora courts have their own procedural expectations and timelines, especially regarding landlord-tenant disputes. We know how municipal courts handle eviction filings, how judges evaluate security deposit claims, and how local ordinances affect rent withholding and property repairs. Our familiarity with the local landscape allows us to anticipate obstacles, craft effective strategies, and resolve disputes faster than a general practice attorney might.

We also provide actionable guidance to make your day-to-day life easier. Tenants can benefit from our advice on documenting repair needs, communicating with landlords legally, and knowing when a situation warrants formal legal action. Landlords gain insight into creating enforceable lease agreements, handling late rent or damages legally, and avoiding costly missteps in eviction proceedings.

Schedule A Consultation With a Landlord-Tenant Attorney Today

When facing a landlord-tenant dispute in Aurora, timing is critical. Early legal advice can prevent a small disagreement from turning into a costly, drawn-out legal battle. Whether you’re dealing with lease violations, withheld security deposits, repair disputes, or an eviction notice, Flaxman Law Group is ready to help.

Scheduling a consultation is simple and risk-free. We provide clear guidance on potential costs and operate on a transparent, client-centered basis.

When you reach out to Flaxman Law Group, you are choosing a firm with deep local knowledge, extensive legal experience, and a reputation for treating clients like family. Our team is dedicated to helping Aurora tenants and landlords protect their rights, resolve conflicts efficiently, and regain peace of mind.

We have already helped many tenants and landlords across Colorado. For example, we worked with one renter who discovered toxic mold in her apartment. Efforts to have the landlord address the problem were not successful, so she called our law offices. We were able to secure a lease termination for her, along with a settlement to help her pay for relocation. In another case, we were able to secure compensation for a client who was effectively trapped in their home because the building’s elevator was broken, and our client has a disability that made using stairs possible.

Right now, you may not know how you will overcome your disagreement with your landlord or tenant, but there is a path forward. Contact Flaxman Law Group at 970-999-0530 to schedule a consultation. We can review what options you may have.