Landlord Tenant Owner Occupancy in Colorado

Compliance and Best Practices

Landlords must familiarize themselves with local ordinances regarding occupancy limits, zoning regulations, and building codes. It’s important to check with local authorities or legal counsel to ensure your properties meet these standards.

As a landlord, you must communicate any requirements to your tenants. Clear, detailed lease agreements can help by setting expectations. The lease should outline tenant obligations, including rent payment schedules, maintenance responsibilities, and occupancy rules. Any amendments or changes to the lease agreement should be communicated clearly and documented in writing. It is also a good idea to review the terms of the lease agreement verbally when a new tenant is moving in. Not every renter reviews the agreement and reviewing everything verbally allows the tenant to ask any clarifying questions.

Laws related to landlord-tenant relationships change often, so if you’re a landlord be sure to subscribe to industry newsletters, join landlord associations, or consult with a property attorney to keep up to date.

Keeping thorough records of leases, payments, communications, and property inspections is vital. This documentation can protect landlords in case of disputes or legal proceedings. Keep careful records of any changes to the law, any communications with tenants and your lawyer, and information about your rentals. If there is a disagreement, having documentation can help you establish your efforts to be fair and equitable.

Evictions and Owner Occupancy

If a landlord resides in one of the units of a multi-unit property and needs to evict a tenant, the process must still adhere to state law. In Colorado, a landlord must provide notice of eviction and have a valid legal reason for terminating the tenancy. Common reasons for eviction include non-payment of rent, lease violations, property damage, or other breaches of the lease agreement.

The typical eviction process begins with a written notice to the tenant, providing them with a certain amount of time to make things right—such as by paying overdue rent, for example—or vacate the property. If the tenant does not comply, the landlord may file for an official eviction through the courts. In some cases, the eviction process can take several weeks or even months.

For owner-occupied properties, landlords and tenants may see each other regularly, so it’s especially important to follow legal procedures and avoid taking actions that could be perceived as retaliation.

Even for owner-occupied properties, landlords must adhere to the notice period specified by Colorado law. For month-to-month leases, the landlord is typically required to provide at least 10 days’ notice before asking the tenant to vacate. For term leases, the notice must be given based on the lease terms or by the expiration date of the agreement.

Lastly, it’s crucial to remember that even if the landlord occupies the property, they cannot simply evict a tenant without cause. Colorado law protects tenants from unlawful evictions, so landlords must be diligent in ensuring that their actions are supported by the law.

Local Regulations and Enforcement

Many Colorado municipalities have their own rules concerning rental properties. These rules can cover a wide range of issues, including occupancy limits, building standards, noise ordinances, and specific landlord-tenant regulations. For instance, some cities may impose occupancy restrictions based on the size of the unit or the number of bedrooms, while others may have regulations governing short-term rentals or rental registration requirements.

Local zoning laws can also impact landlords, especially those who are considering renting out part of their property or making modifications to meet occupancy needs. Zoning regulations can dictate whether properties can be legally rented, the types of structures that can be built, or whether certain areas of a building can be used for residential purposes.

It’s essential for landlords to research and stay updated on their specific locality’s regulations. Failing to comply with these local laws can result in fines, penalties, or even the revocation of rental licenses.

Owner occupancy rules are a common cause of landlord-tenant disputes. Disputes can arise in many situations:

• A landlord may want to move into a rental unit, and a tenant may object to the eviction.
• Close contact between tenants and landlords in owner occupied rentals can create tensions, especially if renters feel their privacy is not respected.
• Landlords may have concerns about the number of guests a tenant has in their unit.
• Tenants may try to sublet or allow multiple people to stay in the unit.

In many cases, local housing authorities, city or county building departments, and even health departments are responsible for ensuring compliance with local codes. Tenants also have the right to file complaints with local authorities, who can investigate and impose penalties or force landlords to make necessary repairs or updates. For example, if a rental unit is found to be in violation of fire safety codes or is deemed uninhabitable, the local building inspector may issue a citation or order that repairs be made within a specific timeframe. Tenants further have the right to pursue a civil claim in some cases if a landlord’s actions have caused losses and harm.

If disputes arise between landlords and tenants regarding local regulations or violations, both parties typically have access to mediation. Mediation can help both parties come to a fair resolution on issues such as security deposits, rent disputes, and maintenance concerns.

If a landlord or tenant cannot resolve a conflict through mediation, recourse is available through the courts. Colorado has a specific process for evictions and landlord-tenant disputes, with each county having a small claims court or civil court to hear these cases.

If you have a dispute over owner occupancy rules in Colorado, contact the Denver offices of Flaxman Law Group at 970-999-0530 for a consultation.

Leading the firm’s Denver office, Steven Flaxman continues the Flaxman family legacy of delivering compassionate and dedicated legal representation. Steven is committed to helping both landlords and tenants gain clarity and protect their rights. He brings a hands-on approach to each case, ensuring that every client receives personalized attention and direct access to their attorney, from the initial consultation to the final resolution. When you work with Steven, you will have his personal cell phone number, so you can always reach him when you need to. Steven will also work to bring resolution to your case quickly.