The Covenant of Quiet Enjoyment in Colorado

When tenants move into their home, they expect to be able to enjoy their space. The law in Colorado further ensures that renters can do so. Under the covenant of quiet enjoyment, landlords promise that the renter’s ability to live pleasantly in their home will not be unduly disrupted by others.

Both tenants and landlords can misunderstand this rule and the father-son attorney team at Flaxman Law Group often work on cases where a disagreement arose over the covenant of quiet enjoyment. If you’re a landlord accused of breaking this promise or a renter who can’t enjoy their home because of a landlord’s unreasonable actions, contact the Denver offices of Flaxman Law Group by calling 970-999-0530. We can schedule a consultation with a Colorado landlord-tenant dispute lawyer so you can talk about ways you may be able to resolve the issue. There’s no obligation and your consultation is completely confidential.

The Covenant of Quiet Enjoyment: A Basic Right for Colorado Tenants

The covenant of quiet enjoyment is a legal guarantee that every tenant in Colorado is entitled to enjoy their rental property peacefully—without unnecessary interference from landlord or others. This covenant is implied in every lease agreement, whether it’s explicitly mentioned or not. It’s a fundamental right for renters, and any violation can lead to legal action.

For tenants, the covenant of quiet enjoyment means that you:

• Have the right to live in your rental property without unreasonable disturbances. This includes noise-related disruptions and also any actions by the landlord that create unreasonable disturbance.
• Have the right to privacy and security in your rental property. Your landlord can’t enter your unit without proper notice, except in emergencies or situations where you agree your landlord can enter.
• Need to report any issues that require repairs promptly. This allows the landlord to address any problems with the rental.

For landlords in Colorado, the covenant of quiet enjoyment means that you will want to:

• Respect your tenants' privacy rights by providing proper, written notice before entering the rental property, except in emergencies or in situations outlined in the lease.
• Address tenant complaints or concerns regarding disturbances promptly.
• Keep the rental property in good condition to minimize disruptions due to maintenance or repair issues.
• Create a proactive maintenance schedule to ensure that the property remains in compliance with the covenant of quiet enjoyment.

How to Prevent Covenant of Quiet Enjoyment From Leading to Landlord-Tenant Disputes

Landlords and tenants can have different ideas about the covenant of quiet enjoyment. For example, tenants may complain that another renter is playing their music too loud and is disturbing their peace. In this situation, landlords may not know how to enforce rules for quiet.

To prevent disputes, good communication is key. If you’re a renter, discuss any disturbances, privacy right violations, necessary repairs, or noise with your landlord. If you’re a Colorado landlord, respect your tenant’s privacy by always communicating about any need to enter the rental. Always properly maintain the premises and let your renter know about any planned inspections or repairs.

Both parties should keep records of incidents and any communications about the incidents. Where possible, communicate in writing so you have a paper trail.

When to Contact Flaxman Law Group

If communication doesn’t resolve the issue, consulting with a Colorado landlord-tenant dispute attorney, like the team at Flaxman Law Group, may be necessary. Flaxman Law Group has more than 60 years of combined experience and we’re a family-based law firm known for our compassionate, personal approach. In fact, our father-son attorney team share their personal cell phone numbers with clients, so clients can reach us whenever they need to.

The Denver offices of Flaxman Law Group are here for you if you find yourself in a disagreement, either as a landlord or tenant. Whether you’re in Denver, Colorado Springs, Canon City, or any other Colorado community we invite you to contact us at 970-999-0530. In a consultation with a Colorado landlord-tenant dispute attorney, you can ask questions about your situation and start developing a plan about what to do next.

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