Landlord-Tenant Dispute Lawyers in Commerce City, CO
Landlord-tenant disputes in Commerce City can cause financial distress for you, whether you’re a landlord or a tenant. While most renters and landlords enter into lease agreements in good faith, disagreements are common. They can happen over unpaid rent, repeat noise complaints, pets, and other issues and they can escalate quickly.
Colorado law protects both landlords and tenants, but you must assert your rights. That’s where Flaxman Law Group may be able to help. Our legal team has over 60 years of combined experience and we’ve helped many tenants get out of dangerous situations and have helped landlords fight back against unfair accusations. If you find yourself disagreeing with your landlord or tenant and don’t know what to do next, call Flaxman Law Group at 970-999-0530 to schedule a consultation.
Why Clients Choose Flaxman Law Group for Landlord-Tenant Issues in Commerce City, CO
When you’re facing a difficult situation with your home or investment property, choosing the right attorney makes all the difference. The trouble is, choosing the right attorney for a landlord-tenant dispute is different than choosing someone for your divorce or will. Here’s why clients choose Flaxman Law Group:
- We offer you direct access to your attorney. With Flaxman Law Group, you speak directly to Charles or Steven Flaxman and when you work with us, you even have your attorney’s cell phone number. Every strategy, notice, or court filing is handled personally, not by a junior staffer. Why does this matter? Direct access with your attorney means your questions are answered promptly, and your case moves efficiently.
- We offer decades of experience, including insider experience in the insurance industry. With over 60 years of combined experience, including insurance and property claims, our attorneys understand how the other side thinks. Your case may involve property insurance or renter’s insurance claims, and we can help you with that. Our attorneys also have years of negotiation experience, which is vital if you need to work out a repayment plan with a tenant or need to break a lease over a mold issue. Our personal injury experience is useful if you have been injured by unsafe living conditions or even need to file a mold-related wrongful death claim.
- We have a history of results. We’ve recovered nearly $1 billion for clients in complex cases. That same rigor applies to Commerce City landlord-tenant disputes. We have been featured in the news for helping tenants get out of mold-affected apartments and helping landlords and tenants stand up for their rights.
- We support you beyond the courtroom. We connect clients with property inspectors, mediators, and repair professionals. This extra support helps resolve disputes efficiently and often avoids the stress of prolonged court battles.
- We’re trusted by the community. Hundreds of 5-star reviews reflect our commitment to clients just like you. Our deep knowledge of Adams County courts and Commerce City neighborhoods and our involvement in the community means we know the issues facing landlords and tenants.
- We treat you like family. Being involved in a dispute in Commerce City is bad enough. You shouldn’t have to worry about your attorney ignoring you on top of that. At Flaxman Law Group, we treat you with respect and kindness because we genuinely care about you and your future. It’s also why we fight hard to get the best possible outcome for you.
You may already be worried about your financial future and your health. Let us take care of the dispute and seek a fair resolution for you.
Where Commerce City Landlord-Tenant Cases Are Filed
If you’re facing a landlord-tenant dispute in Commerce City, most cases are filed at the Adams County Justice Center, but the type of case determines whether it goes to County or District Court.
County Court usually handles smaller disputes, like unpaid rent, security deposits, or minor lease violations under $7,500. District Court is for larger, more complex issues, such as multi-unit property disputes or major lease breaches. Filing in the wrong court can delay your case or even lead to dismissal, so getting it right from the start matters. A Commerce City landlord-tenant lawyer can guide you, ensuring your case is positioned correctly for the best chance of success.
First Steps in a Commerce City Dispute
When a dispute begins, the early steps often shape the outcome. Landlords usually start by sending a notice to quit Colorado or a notice to correct a lease violation, while tenants have a chance to respond or cure the issue.
These notices must follow strict timelines and legal requirements. For example, nonpayment usually requires a 3-day notice to pay or quit, while other violations may allow a 10-day window to cure. Proper service is key, and in Adams County, the Sheriff’s Civil Unit often handles official notice delivery, creating a legal record that can’t be disputed later.
Having a Commerce City CO landlord-tenant attorney review your notices ensures that every step is valid and protects your rights—whether you are a landlord enforcing a lease or a tenant defending your home.
Security Deposits and Move-Outs
Security deposits are one of the most common sources of friction between tenants and landlords. Colorado law requires landlords to return deposits within one month of move-out, along with an itemized statement of any deductions. Deductions are limited to unpaid rent, necessary repairs beyond normal wear and tear, or unpaid utilities. In some cases, and only if the lease specifies it, landlords may have up to 60 days to return the deposit or provide an itemized list of deductions.
Tenants should document the condition of the property at move-out with photos and videos. Even small details, like scuff marks or minor carpet stains, can be the cause of a dispute, so having clear evidence can make a difference in recovering your deposit. Improper withholding or delays can expose landlords to bad-faith penalties, including damages up to three times the withheld amount.
It is also important for tenants to communicate a forwarding address to their landlord in writing. This ensures the landlord knows where to send the security deposit.
Landlords, on the other hand, can protect themselves by:
- Scheduling a move-out inspection with the tenant present.
- Taking dated photos or videos of property conditions.
- Documenting any damages and calculating reasonable repair costs.
- Sending itemized deductions and balance via certified mail.
A security deposit lawyer Adams County can help tenants claim what they’re owed and guide landlords in complying with the law, preventing disputes from escalating into court battles.
Habitability and Repairs in Older/Industrial Corridors
If you live or rent in older buildings or industrial corridors of Commerce City, habitability issues can arise. Landlords must maintain safe, livable conditions, including working plumbing, heat, electricity, and pest-free spaces. While landlords may dismiss habitability issues as “minor problems,” a unit may not be considered habitable if:
- There are leaks.
- There is mold.
- There is no heat in the winter or heat is turned off in the winter for extended periods.
- There are broken windows or doors.
- There are obvious dangers, such as uneven floors, exposed wiring, and other structural issues.
- There is no hot water.
- There are electrical or plumbing problems that prevent normal appliance operation or normal cleaning.
- There are issues which make it hard to live reasonably in the apartment.
In these cases, it is the landlord’s responsibility to handle the issues. They cannot ask the tenant to repair the problem. Tenants can issue a 10-day demand to cure for non-emergency repairs, or request immediate attention for emergencies. Documenting problems is critical. Photos, videos, repair requests, and certified mail receipts all help create a solid record. Landlords must be allowed reasonable access for repairs, but they should also provide tenants with reasonable notice of upcoming repairs.
A warranty of habitability Colorado attorney can advise tenants on their rights, including repair and deduct Colorado options, and guide landlords on responding efficiently to avoid legal disputes.
Nonpayment, Holdover, and Lease Violations
Nonpayment of rent can lead to a 3-day notice to pay or quit. Tenants who remain after a lease ends are known as holdovers, but landlords still can’t try a “self-help” eviction to evict these renters. Landlords still require a notice to quit. Lease violations may require a notice to cure, with timelines depending on lease terms.
Sending the wrong notice or missing a deadline can delay eviction or weaken your position in court. Adams County eviction lawyers and Commerce City rental dispute attorneys help ensure notices are correct and deadlines are met.
Evidence That Wins Locally
Winning a landlord-tenant dispute often depends on the evidence you bring. Both landlords and tenants should keep organized records that include:
- Lease agreements and amendments.
- Payment ledgers and bank statements.
- Photos/videos documenting property conditions.
- Texts, emails, and repair requests.
- Certified mail receipts proving notice delivery.
- Witness statements from neighbors, contractors, property managers, and anyone else who may have seen instances of retaliation, discrimination, poor living conditions, or property damage.
Courts in Adams County value clear, organized evidence. It is best to keep as much evidence as you can. A lease dispute attorney Commerce City can help collect, organize, and present this information, ensuring your case is as strong as possible.
Mediation and Settlement Options in the 17th Judicial District: When It Helps and How to Prepare
The 17th Judicial District offers mediation and settlement options that can help resolve conflicts without a full trial. Mediation is particularly effective when both landlords and tenants want to maintain some control over the outcome, rather than leaving it to a judge. There are also other benefits to meditation:
- It can solve your issue faster than going through the court system.
- You don’t have to worry about court delays.
- The outcome is binding.
- It can help you protect the landlord-tenant relationship.
- It can prevent a lengthy and costly eviction.
- It can cost less than a lengthy trial.
Before entering mediation, preparation is key. Collect all relevant documents, including your lease agreement, payment ledgers, emails, text messages, photos of property conditions, and certified mail receipts. Know your goals: are you seeking back rent, the return of a security deposit, or repairs? Understand the other side’s likely concerns and prepare reasonable compromises.
Mediators in the 17th Judicial District encourage open communication while keeping discussions structured. Commerce City landlord-tenant lawyers often attend mediation sessions with clients to provide guidance, clarify legal points, and ensure agreements are enforceable. Choosing this approach can save time, reduce stress, and sometimes result in a resolution that is more satisfactory than a standard court judgment.
However, meditation is not always the best choice. If you have suffered serious harm, seeking a settlement may be a better option. For example, if you have had to lose months of work due to mold-related illness because your landlord refused to address a leak, you may need to seek compensation for the money you have lost. Similarly, if you’re a landlord and a tenant has left significant property damage, you may need compensation to cover the cost of repairs. In these cases, seeking a settlement or filing a claim can make more sense.
Meditation will also only work if both parties approach the process in good faith. If the landlord-tenant relationship has deteriorated to the point that there are accusations of retaliation or discrimination or if both sides can’t come to the table, a legal claim may be the best way forward.
Not sure what option is best for you? An experienced landlord-tenant dispute attorney in Commerce City, CO, can help you review your situation, determine the course of action most likely to produce the result you want, and explain what you can expect from the process.
Contact Flaxman Law Group Today
Get answers to your landlord-tenant questions. Our team is here to help you understand your rights and explore your options.
Commercial vs. Residential Leases Near US-85/I-270/I-76
Commerce City is home to a mix of residential neighborhoods and commercial properties, particularly around US-85, I-270, and I-76. Residential tenants rent condos, houses, apartments, and other homes to have a place to live. Commercial tenants lease properties to run a business. Each is governed by different rules.
Residential leases are generally governed by Colorado’s landlord-tenant statutes, including protections for habitability, security deposits, and notice requirements. Commercial leases, on the other hand, are primarily contract-based. Clauses concerning default, early termination, maintenance obligations, and lease break fees often carry significant financial implications.
In Colorado, if you are renting a home, you are protected by specific laws, regardless of what the lease says. For example, your landlord must provide reasonable accommodation for a disability, may not discriminate against you, and must provide you with habitable premises. A landlord cannot include a clause in the lease that would deprive you of these and other rights conferred by law. You enjoy these rights even if you do not have a written lease (though we strongly recommend a written lease).
If you’re a commercial or retail tenant, however, it is the lease that determines and outlines your rights. If the lease states that you are responsible for maintaining the property or making repairs, then those are your responsibilities. It is important to understand any lease before you sign because landlord-tenant disputes involving commercial property can cause disruption to your business and can really hurt your bottom line.
Whether you are a residential or commercial tenant, a lease dispute attorney Commerce City can interpret the lease, identify enforceable clauses, explain your rights, and advise on strategic next steps.
Fair Housing & Source-of-Income Protections
Colorado’s landlord-tenant laws include robust protections under fair housing statutes, meaning you cannot be discriminated against as a tenant based on your race, color, religion, sex, familial status, disability, and other protected classes. For example, a landlord cannot refuse to rent to you based on these characteristics or charge you more rent because of these characteristics.
Source-of-income protections prevent landlords from denying housing solely based on lawful assistance such as housing vouchers. If you get income support from the government, for example, you can’t be denied a rental and you can’t be charged more.
Tenants with emotional support or service animals also have specific rights under these laws. While landlords may request documentation for assistance animals, pet deposits or fees cannot be charged if the animal is recognized under fair housing protections. A tenant can also not be denied housing because they have a service or emotional support animal.
Retaliation is another critical area. A landlord cannot threaten eviction or reduce services because a tenant complained about habitability issues or requested repairs. Documenting communications, keeping copies of repair requests, and maintaining records of any notices or responses is essential to prove your case.
Landlords worry about being accused of discrimination. Proper tenant screening can help ensure that the renting process is fair. It can protect landlords from legal risk and can ensure that quality tenants move in. Here’s how to screen correctly:
- Have clear, consistent screening policies in place. For example, you may decide to have all tenants do a walk-through of the apartment to verify its condition and to meet potential renters in person. Make sure that if you have any screening policies in place, you apply them equally to all applicants.
- Practice proper use of background and credit checks. Landlords can use credit checks and background checks to verify that a tenant applicant has the means to pay for a rental. However, you cannot ask questions that can be discriminatory, such as asking about marital status. It may be best to leave these checks to a professional service provider, who can keep you compliant.
- When deciding to deny an applicant, provide a written adverse-action letter. This notice explains the reason for denial and is a crucial safeguard against claims of discrimination.
A Commerce City CO landlord-tenant attorney can review screening practices, help create compliant policies, and draft required notices to protect landlords from fair-housing complaints.
Tenants can protect themselves from discriminatory and retaliatory action by keeping careful records of all landlord interactions. Try to keep communication in writing. If you suspect that your landlord is acting illegally or in bad faith, contact a landlord-tenant attorney in Commerce City for representation.
One challenge with fair housing statutes is that it can be hard to prove your case. If a landlord claims a “unit is taken” after you show up with a service dog, for example, it can be challenging to show that this is discrimination. Similarly, if a tenant accuses a landlord of retaliation for planned rent increases, it can be challenging for the landlord to show they acted in good faith. A Commerce City, CO landlord-tenant attorney can help in both cases, ensuring your rights are protected.
Enforcement and Post-Judgment
Once a court issues a judgment in favor of a landlord or tenant, enforcement begins. In Colorado, a writ of restitution is the official document authorizing a landlord to regain possession of a property. The Adams County Sheriff’s office coordinates the actual lockout and ensures it’s conducted legally.
Tenants may ask about storage of personal property after eviction. Colorado law requires landlords to store property safely and provide notice before disposal. Conversely, landlords must understand their rights and deadlines to reclaim possession efficiently, especially in cases of rent nonpayment eviction in Commerce City or holdover tenants (tenants that stay past when the lease ends).
Post-judgment matters can be confusing, and missteps can create liability. Experienced Adams County eviction lawyers and Commerce City rental dispute attorneys help navigate these procedures.
FAQs
What role does the sheriff’s office play post-judgment?
Navigating a landlord-tenant dispute in Commerce City after a judgement often involves working with the Adams County Sheriff Civil Unit. This office is responsible for serving notices, delivering writs of restitution, and managing the logistics of lockouts once a judgment is issued. Understanding how this unit operates can save time, avoid delays, and prevent costly mistakes.
Service fees vary depending on the type of action. For example, a simple notice delivery may carry a modest fee, while executing a writ of restitution can involve additional costs tied to sheriff scheduling and coordination.
Importantly, landlords cannot perform lockouts themselves. Only the sheriff may enforce possession. Scheduling a writ also requires careful planning: the sheriff’s calendar can fill quickly, so early coordination is essential.
A Commerce City CO landlord-tenant attorney can handle filings, coordinate with the sheriff’s office, and ensure all documentation complies with Colorado law.
How do I serve notice?
One of the most common pitfalls in Adams County eviction cases is miscalculating notice periods. Whether it’s a notice to quit Colorado for nonpayment or a lease violation, Colorado law often excludes certain days when computing deadlines.
Proof of delivery is equally important. Certified mail receipts, signed acknowledgments, and sheriff service confirmations serve as tangible evidence that the notice was provided in accordance with the law. You can also use process servers to ensure notice is served correctly. For tenants, keeping copies and timestamps of all notices can support defenses in court. For landlords, proper documentation can protect against claims of improper notice.
Can I have my eviction record sealed?
Evictions can have lasting consequences for tenants and landlords alike. While Colorado law allows for writs of restitution and enforcement through the sheriff, tenants may be concerned about the impact of having an eviction on their record. Landlords may not want to rent to someone who has been evicted before, so having previous evictions can impact a person’s ability to get quality housing later.
One option is to avoid eviction entirely. Negotiated stipulations are agreements reached outside of trial. These can sometimes allow a tenant to vacate without a formal eviction on their record. At Flaxman Law Group, we have also negotiated to allow tenants to break their lease without penalty. This can also help prevent an eviction.
A Commerce City, CO landlord-tenant attorney can advise on these issues, guiding clients through negotiation and settlement while protecting long-term interests. The right attorney can explain the impact of an eviction and can help advise you on the best way to proceed in your situation.
Can I arrange a payment plan or stipulated agreement to avoid immediate lockout?
In many rent nonpayment eviction cases in Commerce City, a payment plan can be a win-win solution. Courts may accept stipulated agreements allowing tenants to catch up on overdue rent without immediate lockout. In this situation, a tenant gets to keep their home and a landlord can secure the money owed without a costly legal case.
However, these agreements must be carefully drafted to clearly define the repayment schedule, consequences of default, and any associated fees. A Commerce City rental dispute attorney can ensure the plan is legally enforceable, reducing risk of misunderstandings and future litigation.
What are attorney fee-shifting clauses and how do they affect settlement leverage?
Some commercial and residential leases in Commerce City include attorney fee-shifting clauses, which allow the prevailing party to recover legal costs. For landlords, enforcing attorney fees can increase leverage during negotiations. For tenants, recognizing potential liability for legal costs may influence decisions about settlement or mediation. A Commerce City landlord-tenant lawyer ensures both parties understand their rights, obligations, and strategic options.
What happens if there is illegal activity in a rental?
While crime has been declining, the FBI reported that in 2024 a violent crime occurred, on average every 25.9 seconds. This does not take into account property crime, fraud, or drug crime. While Commerce City is considered a safe place to live, crime can occur anywhere, including in rental homes.
Illegal activity is a concern for both landlords and tenants. For tenants, being accused of a crime can threaten their freedom and housing. For landlords, having illegal activity in a building exposes them to liability and makes it harder to attract quality tenants. Others in the community, including other tenants, may fear for their safety when illegal activity occurs.
Colorado law allows landlords to take swift action if they have reasonable cause to believe a tenant, guest, or other occupant is engaging in criminal conduct on the property. Depending on the situation, this may include serving a written notice to quit, filing for eviction in court, or involving law enforcement if the activity threatens health or safety. Landlords must still follow Colorado’s formal eviction procedures, but the presence of illegal activity can shorten the notice period and give the court strong grounds to approve removal.
Tenants also have protections when illegal activity affects their living environment. If a neighbor or another occupant in the complex is creating unsafe conditions through criminal behavior, tenants can notify the landlord in writing and request action. Colorado’s warranty of habitability requires landlords to maintain reasonably safe housing, and failing to address dangerous criminal activity may violate that obligation. Tenants may also call law enforcement if they feel unsafe or threatened, and in certain cases, they may be able to end the lease early if the landlord refuses to act. They may also have a legal claim and be able to seek compensation if they are injured.
Tenants who are wrongfully accused of a crime have the right to defend themselves from eviction and other penalties. They can seek to remain in their home if they have not done anything wrong.
Both parties benefit from documenting what is happening and consulting with an attorney. Landlords should keep records of complaints, police reports, security footage, and communications with tenants before pursuing eviction. Tenants should save photos, messages, or any written reports made to the landlord.
Take the Next Step: Contact a Commerce City Landlord-Tenant Lawyer
Whether you’re a tenant fighting for repairs, a landlord addressing lease violations, or anyone navigating notices and deadlines under Colorado law, Flaxman Law Group provides representation and real solutions.
From small claims landlord-tenant Adams County matters to complex unlawful detainer lawyer Adams County cases, we handle all stages of landlord-tenant disputes, including pre-litigation notices, negotiation, mediation, court filings, post-judgment enforcement, and more.
A Commerce City landlord-tenant lawyer can evaluate your situation, explain your options, and develop a plan that protects your interests. If you need to speak to a landlord-tenant dispute attorney, contact Flaxman Law Group at 970-999-0530 today to schedule a no-obligation consultation.
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50+ Years of Combined Experience,
Personal Attention to Every Case
Landlord-Tenant Dispute Results
Successfully recovered significant compensation for a disabled client after building management failed to repair a broken elevator, leaving the client trapped in their home.
Secured a lease termination and $10,000 for a tenant to cover legal fees and moving expenses after their home was found to have a severe mold infestation.
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Commerce City Practice Areas
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.
Landlord-Tenant Practice Areas
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.