Colorado Landlord-Tenant Owner Occupancy

Landlord Responsibilities and Obligations

While property owners in Colorado have the right to occupy their own homes, that right comes with clear responsibilities, especially when tenants are already in place. Mishandling a move-in for owner occupancy can result in legal exposure and financial penalties. It can also long-term damage to reputation. If a landlord comes to be known as acting in bad faith, it may become harder for that landlord to attract quality tenants in the future.

Key legal responsibilities for landlords include:

• Providing clear, written notice. Colorado law requires landlords to give proper notice before terminating a tenancy. The notice must be in writing, state the reason for termination, and comply with any local ordinances or, if applicable.
• Acting in good faith. Owner occupancy must be genuine. This can be hard to prove, of course, but any paperwork or documents related to sudden changes in finances can help. Showing that a landlord has suffered financial losses, a divorce, retirement, or another event that requires them to move in can help. Keeping clear records of change-of-address forms, moving service receipts, and utility registrations in the landlord’s name can demonstrate that the move is sincere.
• Avoiding retaliation. Claiming owner occupancy shortly after a tenant files a complaint or asserts their legal rights may be considered retaliatory and unlawful.

Owner occupancy requests often displace long-term tenants, families with children, or seniors. Considering their circumstances and offering additional time or another small gesture, where possible, can show goodwill.

Landlords sometimes think of a rental property as “their” own property and think they have every right to claim it, but it’s important to keep in mind that this is the tenant’s home, and they have rights. A landlord cannot evict a tenant without cause and cannot use illegal eviction methods, such as changing the locks.

Even well-intentioned landlords may find themselves facing disputes if they fail to manage the transition carefully. At Flaxman Law Group, we advise landlords on how to avoid these pitfalls while protecting their rights to use their own property.

From our offices in Denver, we’re here to help tenants and landlords across Colorado. Call today to schedule a consultation and speak with a landlord-tenant dispute lawyer who understands these cases.

Property Management and Owner Occupancy

Under Colorado law, landlords may legally decide not to renew a lease in order to move into the property themselves, or to allow a close family member to do so. Today, many landlords use property management services to rent out one or multiple properties.

Property management companies take on all the administrative tasks involved with renting property. They may help a property owner find quality tenants, take care of the vetting process, and generally act as an intermediary between tenants and landlords. These services often take care of collecting rent and even some property repairs and complaints, too.

If a landlord decides to not renew a lease and move into a rental, it’s important to get the property management company involved. In these cases, the property management company may help the landlord stay compliant with regulations and handle the process of notifying the tenant.

While property management companies can provide a neutral third party between the property owner and tenant and while these services can remove some of the burden from landlords, property owners need to know that they are ultimately responsible for the property. If the property management company makes a mistake when trying to terminate a lease, the property owner can still be held liable.

It is also important for property owners to be honest with their property management companies. If a property owner wants to raise rent or evict a tenant, the property management service may be able to offer advice. The landlord can also call a landlord-tenant dispute attorney to get advice. Both options are better than trying to re-list the property after a tenant moves out and then facing legal claims from a former tenant.

Local Regulations and Ordinances

Colorado’s state law lays the groundwork for landlord-tenant relationships, and no major Colorado city has adopted specific laws that require landlords to meet additional requirements when it comes to landlord move-ins. The 2024 “for-cause” law applies across the state.

However, if the tenant has lived in the unit for less than a year, they may not be covered by that law. The 2024 law also does not apply if the landlord occupies the same property as the tenant. For example, if the tenant lives in a guest house on the landlord’s main property, the landlord is not bound by the “for-cause” eviction laws.

If you still have questions, consult with a landlord-tenant dispute attorney. Should you want into a rental unit you own or find yourself questioning your landlord’s decision to not renew your lease, consult with a landlord-tenant dispute attorney to find out what options you may have.

Flaxman Law Group advises both tenants and landlords on how to stay compliant with all relevant rules. For tenants, we may be able to help with verifying the legitimacy of an owner’s move-in claim. For landlords, we may be able to defend against claims of fraud, bad faith, or retaliation.

Our law firm is a boutique, family-owned firm. We have helped many tenants and landlords get justice and compensation in challenging situations and our approach is always to try to resolve the issue through meditation and common ground first. We want to help you avoid the time-consuming and costly process of going through the courts, but we also prepare diligently and are always willing to file a claim, if that is the best option for you.

Our Denver office is overseen by Steven Flaxman, who has extensive experience in trial preparation and litigation. Steven Flaxman believes that every individual deserves personalized attention from their attorney, which is why he replies to client queries quickly and why he personally oversees every case at the Denver office. It’s also why you will have your attorney’s cell phone number when you work with Flaxman Law Group.

Our Denver offices tackle a narrow range of practice areas, from premises liability to personal injury claims to landlord-tenant disputes. By focusing primarily on these areas of the law, we can funnel all our resources into these areas.

We have also found that personal injury and landlord-tenant dispute claims sometimes intersect. Landlords and tenants sometimes claim property damage and tenants sometimes claim personal injury has occurred due to a landlord’s negligence. In these cases, we can help you with both your landlord-tenant dispute and personal injury claim, ensuring you get justice and any compensation you may be entitled to.

Whether you’re a landlord or tenant, if you’re dealing with a landlord occupancy situation that you’re not sure how to navigate, call our Denver offices at 970-999-0530 to schedule a consultation. We can give you an honest assessment of your situation and what your next steps could be.