Breach of Lease or Covenant of Quiet Enjoyment in Colorado

A covenant in a rental agreement is a promise or commitment made by either the landlord or tenant, outlining their responsibilities and obligations. In Colorado, when one party fails to fulfill their covenant, it constitutes a breach of the rental agreement, which can lead to disputes, evictions, and legal action.

If you’ve found yourself in a situation where there is a breach of covenant, whether you’re a landlord or tenant, you may want to speak to a Colorado landlord-tenant dispute attorney to find out what your legal rights and options are. If that’s the case, Flaxman Law Group can offer you a consultation. Just call us at 970-999-0530. We’re proud to serve the entire state with our family-based legal team and our more than 60 years of combined experience.

In Colorado, a breach of covenant occurs when the landlord or tenant fails to fulfill their contractual obligations as outlined in the lease agreement. These covenants can cover a wide range of responsibilities, including payment of rent, maintenance of the property, more. When a party fails to meet their obligations, it can result in evictions and legal consequences. When one party breaches the terms of a lease agreement, disputes are also common.

Residential rentals in Denver, Boulder, and other cities across the state typically include these covenants:

• Payment of Rent:Tenants are typically obligated to pay rent on time, and landlords are responsible for providing habitable premises in exchange for that rent.
• Maintenance and Repairs: Landlords must maintain the rental property in a habitable condition, while tenants may have responsibilities for minor maintenance tasks specified in the lease.
• Use of the Property: Lease agreements often outline the acceptable uses of the property, including restrictions on subleasing or engaging in illegal activities.
• Compliance with Lease Terms: Both parties must adhere to the terms and conditions outlined in the lease agreement, including rules related to pets, smoking, and property alterations.

If you’re a tenant or landlord and are facing a situation where the other party may have breached a covenant in your lease agreement, here’s what to do:

• Document the issue. Keep photos of any evidence, a record of communication with the other party, and written notes about the situation. The more evidence you have, the better you can prove what is happening so you can protect your rights.
• Communicate in writing. Whether you’re a landlord or tenant, communicate in writing with the other party. You may be able to find a remedy yourselves. If not, a record of your communication can help you seek resolution through mediation or the court system.
• Speak with a Colorado landlord-tenant dispute attorney. As either a landlord or tenant, getting help from an experienced lawyer can help. A landlord-tenant dispute attorney will work to protect your rights and to find a resolution that is favorable for you.

A strong lease agreement and open communication as well as good faith actions can help prevent many disputes related to breach of covenants. But disagreements can still happen. When they do, know that you can always reach the Denver landlord-tenant attorneys at Flaxman Law Group by calling 970-999-0530. We’d be pleased to offer you a consultation with our family-based legal team so you can get answers about what you can do next.