Colorado Landlord-Tenant Self-Help in an Illegal Eviction
For renters, eviction can lead to anxiety about housing insecurity, high moving costs, and disruption to schooling, social lives, and work. A record of past evictions can make it hard for renters to find new housing.
For landlords, evictions can mean a lot of administrative tasks and added costs. If a unit is vacant for some time after eviction, this can lead to financial losses, and any eviction can cause disruption in an apartment complex or multi-unit building.
Since there is so much at stake, landlords and tenants sometimes try to take matters into their own hands. Unfortunately, this can make a difficult situation worse. When tenants try to resolve eviction on their own, they may make mistakes that can lead to added costs. Colorado landlord-tenant self-help in an illegal eviction can lead to court, fines, and penalties.
The laws surrounding evictions in Colorado can be complex, and there are many exceptions to the rules. In addition, the rules for evictions changed in 2024.
If you are facing an illegal eviction or are a landlord being accused of evicting someone without following the correct procedure, you don’t have to figure out the laws and how they apply to your case by yourself. The Denver offices of Flaxman Law Group are here to help. Our practice areas focus on landlord-tenant disputes and personal injury claims. If you find yourself facing an illegal eviction or are accused of a self-help eviction, call us at 970-999-0530 for a consultation.
Understanding the Eviction Process
In Colorado, eviction is a legal process. State law outlines specific steps landlords must follow before a tenant can be removed from a property. Typically, this begins with a written notice, which gives the tenant a chance to resolve the issue (like paying overdue rent) or move out.
If the tenant does not comply with the notice and does not move out, the landlord must file a formal eviction case in court. Only after a court issues a judgment in favor of the landlord can a sheriff legally remove a tenant.
The eviction process exists to protect both parties’ rights and to prevent wrongful evictions. Any deviation from this court-supervised process could make the eviction illegal, which opens the landlord up to penalties.
Unlawful Evictions
An unlawful eviction occurs when a landlord tries to force a tenant out without a court order. These evictions are called “self-help” evictions and they can include:
- Changing the locks.
- Shutting off utilities.
- Removing a tenant’s belongings.
- Harassing or threatening the tenant into leaving.
Under Colorado law, these “self-help” actions are strictly prohibited. Tenants facing an illegal eviction have the right to fight back. If a landlord takes matters into their own hands, tenants can seek compensation for damages, legal costs, and in some cases, landlords can face additional penalties, too.
Tenant Self Help
While it may be tempting to take matters into your own hands when facing eviction, tenants must also follow the law. That means avoiding retaliatory responses, even if the landlord is acting illegally. Instead, tenants should document every incident, including photos, messages, and witness accounts, and contact an attorney immediately.
An attorney can explain your option, which can include:
- Filing for an emergency court injunction to stop the eviction.
- Seeking compensation for illegal lockouts or utility shutoffs.
- Requesting a court order to regain access to the rental unit.
- Reporting code violations or harassment to local housing authorities.
Flaxman Law Group can help you move quickly and effectively if you’re being forced out without cause. If you are facing a conflict over an eviction or if your landlord is acting in bad faith, contact our law firm for a consultation to discuss what we may be able to do.
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Non-Payment Evictions
Not paying rent is one of the most common reasons landlords initiate eviction proceedings. However, even in cases of non-payment, landlords must still go through the proper legal channels. A tenant cannot be locked out or removed simply because they owe money. Landlords must first provide a notice to pay or vacate. If the tenant fails to act, only then can the case go to court.
It’s also important to understand that financial hardship doesn’t eliminate a tenant’s rights. If you’re struggling to pay rent and fear eviction, there may be legal defenses available, especially if the landlord has failed to maintain the property or if you suspect the eviction is retaliatory in nature.
If you’re a tenant facing eviction due to non-payment, or if you believe your landlord is bypassing the law to force you out, contact Flaxman Law Group right away. We can evaluate your case and help explain what options you may have to fight back.
Court Proceedings
When a landlord tries to evict a tenant without following the proper legal steps, the court can become a powerful tool for justice. In Colorado, a tenant facing an illegal “self-help” eviction has the right to initiate legal action to stop the eviction and, in many cases, recover damages.
If a landlord locks a tenant out, shuts off essential services, or removes personal belongings without a court order, the tenant can file a motion for injunctive relief or an action for unlawful eviction in court. A judge may order the landlord to restore access to the property and, depending on the circumstances, award monetary damages.
These proceedings can move quickly, especially if the tenant no longer has access to their home. It’s essential to gather any documentation you have and contact an attorney immediately. At Flaxman Law Group, we help tenants assert their rights in court and hold landlords accountable when they break the law. We have helped tenants recover substantial compensation. Our goal in every case is to find a solution that best serves our clients.
Rental Assistance and Resources
In Colorado, tenants may be eligible for:
- Emergency Rental Assistance Programs (ERAP), which helps Colorado residents who have fallen behind in rent.
- Rent subsidies, available through The Housing Choice Voucher (HCV) program and other programs.
- Temporary Rental & Utility Assistance (TRUA) from the city of Denver.
Many of these programs are designed for vulnerable populations and all of them have their own requirements and application processes. The application can also take some time, so if you are facing eviction right now, another option might be to contact a landlord-tenant dispute attorney for a consultation to find out what options you may have.
An attorney can explain how you may be able to stop or fight the eviction or even seek compensation, so you have the resources you need. Your lawyer will take care of all the legal details, including filing and negotiating for you, so you don’t have to take care of applications and the legal process yourself.
Tenant’s Rights and Responsibilities
Tenants in Colorado have many rights. For example, as a renter:
- You have the right to stay in your home unless a court orders otherwise.
- You cannot be evicted without notice and due process.
- You’re entitled to habitable living conditions, including working heat, water, and electricity.
- You can take legal action if a landlord locks you out, removes your belongings, or harasses you into leaving.
As a tenant, you also have responsibilities. These include paying rent on time and following other clauses in the lease agreement. As a renter, you are expected to maintain the property in a reasonable condition and report needed repairs promptly.
If you’re doing your part and still being evicted, the law may be on your side. In this situation, you may want to consult with a landlord-tenant dispute attorney to protect your right to stay in your home.
Landlord’s Rights and Responsibilities
While tenants are protected from unlawful or “self-help” evictions, landlords in Colorado also have important rights, including the right to:
- Collect rent as agreed upon in the lease.
- Enforce lease terms, including rules on pets, subletting, and unauthorized occupants (though they must enforce these lease terms in a legal way).
- Begin formal eviction proceedings if a tenant violates the lease or fails to pay rent
- Access the property for legitimate reasons, such as maintenance or inspections (with proper notice)
Landlords are responsible for maintaining safe, habitable housing, complying with local codes, and following proper procedures before entering the property or pursuing an eviction.
Mediation and Alternative Dispute Resolution
Not all landlord-tenant conflicts need to end up in court. In fact, many disputes can be resolved more quickly and affordably through alternative dispute resolution (ADR). These are options that help you reach an agreement without having to go to court.
The most common ADR is mediation. Mediation involves a neutral third party who facilitates a structured conversation between the landlord and tenant. It’s voluntary and designed to help both sides find a mutually acceptable solution. Common issues that can be resolved through mediation include:
- Disagreements over rent payments.
- Property repairs and maintenance obligations.
- Move-out dates and security deposit returns.
Other techniques such as settlement conferences or binding arbitration may also be used in more complex cases. Not sure which method would best help you protect your rights? Contact Flaxman Law Group for a consultation to find out which technique might be best in your situation and to discuss how our legal team can represent you if your situation is resolved through alternative dispute resolution.
Colorado Judicial Branch Resources
The Colorado Judicial Branch has a range of online tools to help tenants and landlords navigate housing-related legal issues. Their online self-help section includes forms that both landlords and tenants can use in eviction processes.
The challenge is that the forms can be confusing if you don’t have a legal background. The instructions aren’t always clear, and if you use the wrong form or fill it out incorrectly, it could hurt your situation. These tools are no substitute for professional legal advice, especially when facing an unlawful eviction or complex dispute.
Local Resources and Support
Colorado offers a variety of local organizations and programs that provide vital support for tenants and landlords who disagree about what steps to take next. For tenants, local housing nonprofits and advocacy groups can offer information and emergency support.
For example, Colorado Housing Connects can help you seek affordable housing or can help you if you feel you are facing discrimination in the housing market. Local housing authorities offer public housing programs and also have the power to act if a rental is unsafe or violates building codes. Some of these resources can also provide landlords with information about their responsibilities.
The challenge with these programs is that they serve many people and may not always have the time to support you with your specific question or problem. These services also do not have a fiduciary duty to act in your best interests.
On the other hand, when you work with a lawyer, your attorney is duty-bound to act in your best interests and to protect your specific rights. A good lawyer will also devote adequate time and attention to your situation, seeking the best possible outcome in your specific situation.
Eviction Prevention Strategies
Preventing an eviction often begins with clear communication. Both landlords and tenants can help prevent evictions by:
- Understanding the lease agreement and abiding by the terms of the lease.
- Respond in writing to any notices or communications.
- Taking photos and videos of the rental on the move-in date and move-out date.
- Keeping careful records of any communication and any problems that arise.
- Acting in good faith.
Speaking with an attorney early can also help prevent evictions. An attorney can try to negotiate between both parties, if that is still possible, and may be able to find an agreement that can keep the renter in their home. If an illegal eviction has already happened, a lawyer can act to seek compensation or another remedy to help alleviate some of the damage of the illegal eviction.
If you’re facing Colorado landlord-tenant self-help in an illegal eviction or any issues with a potentially illegal eviction, call Flaxman Law Group at 970-999-0530 for a consultation.
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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.