Cause of Landlord Tenant Disputes in Colorado
Ideally, landlords and tenants have mutually beneficial working relationships. When landlords provide quality housing and tenants pay rent on time and follow the other requirements of their lease, everyone wins. Unfortunately, disputes between landlords and tenants do commonly happen in Denver and across the state.
No matter what the cause of your landlord tenant disputes in Colorado, regardless of whether you’re a landlord or tenant, if there is a dispute contact the Denver offices of Flaxman Law Group by calling 970-999-0530. We have helped many renters and landlords and we always consider all options to protect your rights, whether the best solution is negotiation, meditation, or filing a legal claim.
Breach of Contract
A common cause of landlord tenant disputes in Colorado is breach of contract. This happens when either the landlord or the tenant fails to uphold the obligations they agreed to when they signed the rental agreement.
The rental agreement is a legally binding contract that should technically reduce disputes by making each party’s obligations clear. However, one party may break the terms of the contract, or a tenant and landlord may have different interpretations of the contract. For example, a landlord may fail to complete necessary repairs or a tenant may sublet without permission.
In Colorado a breach of contract can lead to financial penalties, eviction, or lawsuits. Resolving these disputes often requires a clear understanding of the lease terms and the law. Working with an experienced landlord-tenant dispute attorney can help. Your lawyer can explain your rights and options. Your attorney may also seek to resolve the issue through mediation—or take the case before the courts, if that’s the best option for you.
Property Boundary and Easement Disputes
Disagreement over the location of property lines, access rights, or shared usage of some areas of the property can easily lead to conflicts. For example, a landlord or tenant may disagree about where the property lines of a rental unit are, which can create conflict when it comes to landscaping, putting up a fence, or even parking because it can seem one party is encroaching on the property of the other party.
Easement disputes tend to arise over the legal right of one party to use a portion of the property for a specific purpose. This usually comes up when there is a shared driveway, walkway, or utility access. For example, a tenant may claim the right to use a driveway the landlord thinks is their.
Resolving these disputes can involve clarifying property lines, reviewing the lease terms, and, in some cases, seeking a court order to define rights or compel actions. Both landlords and tenants benefit from working with a knowledgeable attorney who can help ensure that everyone involved understands their responsibilities.
Real Estate Fraud
Real estate fraud involves any deception that individuals or groups use to gain assets or another financial advantage. In tenant and landlord relationships, real estate fraud can include any of the following:
- Landlords misrepresenting the rental, including its condition, location, and amenities.
- Landlords putting up fake listings for rentals that don’t exist, and gathering applications and security deposits for these rentals, only to leave tenants with no place to live.
- Tenants subletting the property without permission or using the property for real estate investment, in a way meant to defraud the landlord.
- Tenants submitting false documents during the application process, such as fake references, paystubs, and other information.
If you believe you have been a victim of real estate fraud, consult with an experienced attorney to understand your legal rights and pursue a resolution. In these instances, police may file criminal charges in some cases, but you may also be able to seek financial recovery if you have lost money due to the fraud.
Zoning and Land Use Issues
Zoning and land use regulations, enforced at the local level, determine how a property can be used. For example, some properties are zoned for commercial use, meaning they can be used for business. Some are for residential use only, while others are mixed use.
With more people running their own small businesses, this can become an issue. For example, a landlord may rent a property to a tenant to live in, but if the property is zoned for residential use online, the tenant and landlord both may face penalties from local authorities for non-compliance. If this happens, the tenant may be reluctant to close their business and lose income, leading to a conflict. In these situations, a landlord-tenant dispute attorney can work to resolve the issue and determine who needs to pay any penalties.
Homeowners Association (HOA) Disputes
Another common cause of landlord tenant disputes in Colorado has to do with Homeowners’ Association (HOA) regulations, when rental properties are located within communities governed by an HOA. These organizations often enforce rules designed to maintain the value of homes in the neighborhood, but disagreements can arise when those rules conflict with a tenant’s rights or a landlord’s expectations.
For example, tenants may not follow the HOA’s restrictions, either because they aren’t aware of them or because they disagree with them. A tenant may not use common amenities such as fitness centers or pools in accordance with HOA rules, for example, or may make more noise or may park in a way that violates rules. In some HOA communities, even hanging curtains that are the wrong color can lead to complaints and fines. When a tenant violates the rules, disagreements can erupt over possible evictions and over who should pay the fines.
Landlords can also run afoul of HOA rules. They may fail to maintain the property in accordance with HOA rules or fail to pay the fees, which can especially happen when a tenant falls behind on rent. The HOA may have restrictions about renting properties, too, and landlords may end up breaking these rules, leaving both themselves and their tenants in violation of the regulations.
These cases can be complex, because in addition to any conflict between the landlord and tenant, the HOA brings a third party into the working relationship. Working with an experienced attorney can help, because your lawyer can review the HOA rules and even negotiate with the HOA on your behalf.
Construction Defects
Tenants have a right to a habitable property, and landlords often spend considerable money on properties and repairs to make sure they provide renters with a desirable home. When contractors and developers fail in their work, the resulting structural issues can become a big source of conflicts. Landlords and tenants may disagree about what to do next to address the issue and may have different options about who is responsible.
For example, water leaks caused by faulty pipes or roofing can lead to water damage, mold growth, and potential health risks. Inadequate electrical work can result in frequent power outages, fire hazards, or non-functional appliances. If a landlord has recently purchased the property or has had renovations done, he or she may claim that the property was in good shape. They may blame the tenant for causing damage. In turn, the tenant may blame the landlord for failing to ensure a habitable property.
In these situations, the landlord may have a claim against the developers or contractors who built or repaired the building, or against a seller who knowingly sold a faulty building. The tenant may also have legal remedies.
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Title Disputes
Title disputes happen when the property’s title is unclear due to problems such as a previous owner’s failure to properly transfer the title, competing claims to the property, or issues stemming from foreclosure. This can make the right to the property unclear, which in turn can create questions about the authority of the landlord to lease the property. In these situations, tenants may find themselves at risk of losing their rental unit because someone else may claim the property. Landlords, in turn, could face legal challenges to their ability to enforce lease terms.
If a tenant leases a property from a landlord who does not have legal ownership or has a disputed title, the tenant may face eviction from the rightful owner. Landlords may also be impacted by title disputes if they unknowingly lease a property with a clouded title. For instance, a tenant may later challenge the landlord’s authority to lease the property, or a third party may bring a claim against the property that affects the landlord’s ability to manage the lease.
Working with a landlord-tenant dispute attorney can help. An attorney can review ownership records, examine any competing claims, and work to resolve the property title issues.
Foreclosure Disputes
Landlords often purchase investment properties with a mortgage, and use the money from the rental to pay the mortgage and make a profit. When landlords fall behind on the mortgage, the property can go into foreclosure and can be taken over by new owners.
When a property is foreclosed upon, the new owner, often a bank or another lender, may seek to evict tenants. Tenants may not even know that the property is in foreclosure until they receive notice from the new owner.
Under Colorado law, tenants are entitled to certain protections during a foreclosure process, such as the right to remain in the property for a period of time under the terms of the lease, or, in some cases, the right to continue paying rent to the new owner rather than the previous landlord. However, these protections can vary depending on the specific situation.
Landlords can also be impacted by foreclosure disputes, especially if the foreclosure disrupts their ability to honor the lease agreement. For example, a tenant may remain in the property during foreclosure proceedings and may submit repair requests. The landlord may not know whether they need to reply to maintenance requirements in this situation.
Eminent Domain Disputes
Eminent domain is the legal process that allows the government to seize private property for public use, often for infrastructure projects like road expansions, public utilities, or development projects. For landlords, eminent domain can result in the forced sale or seizure of their property, disrupting their ability to continue renting it out. Depending on the terms of the lease, the landlord may need to negotiate with the government to provide tenants with relocation assistance or compensation. If a property is seized in its entirety, the landlord may be forced to terminate leases early, sometimes meaning the landlord can’t even give tenants adequate notice.
Tenants may lose their home or business location unexpectedly in these situations. In some cases, tenants may be entitled to compensation for the loss of their rental space, but this is not always guaranteed.
In these cases, working with an attorney is important to make sure both landlords and tenants are protected, especially in cases where governments have failed to give adequate notice and have failed to keep local landowners updated. An attorney can work to ensure that both landlords and tenants are compensated for their losses. Your lawyer can represent you in negotiations or legal claims with the government, too, ensuring the authorities act in good faith.
If you need a Colorado landlord-tenant dispute attorney for these or any other disagreement, contact the Denver offices of Flaxman Law Group by calling 970-999-0530. We have broad experience in landlord-tenant disputes. For example, we helped a disabled client who was trapped in their home after their building management failed to repair an elevator. We were able to secure significant compensation for this client.
Another client came to us after discovering a severe mold infestation in their home. We were able to secure $10,000 for the client to cover legal fees and moving costs and were able to secure a lease termination.
Our team has helped hundreds of tenants recover withheld security deposits, terminate leases, transfer units, and obtain alternative housing in cases where a rental was uninhabitable. We have also prevented unlawful eviction attempts. We have also represented many landlords, helping them recover damages and helping them evict tenants who violated lease agreements.
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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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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.