Colorado Landlord Tenant Required Disclosures
Some states have a long list of required disclosures. In California, for example, landlords must disclose to tenants the presence of mold, methamphetamine contamination, the use of pest control chemicals, and a list of additional information, too.
Colorado has few state-specific landlord-tenant required disclosures. However, there are some federal disclosure requirements which could apply if you are renting property. While Colorado landlord-tenant required disclosures may not apply, clear and open communication is still one of the best ways to prevent disputes.
The Denver offices of Flaxman Law Group, for example, often work with clients who get into challenging situations because a landlord failed to disclose a serious issue with a unit. Whether you are a landlord who is accused of hiding a serious flaw with a building or a tenant who finds that you have moved into a unit with serious problems and now need to break your lease or even secure compensation, call Flaxman Law Group at 970-999-0530 to schedule a consultation. In a consultation, we can review your situation, answer your questions, and explain what options you may have.
Colorado Landlord Rights
Colorado law offers landlords a fair degree of autonomy when it comes to managing rental properties. As a landlord in Colorado, you have the right to collect rent in full and on time, screen prospective tenants through background and credit checks, and enter the rental unit for valid reasons with proper notice. You are also entitled to hold tenants accountable for lease violations, such as unauthorized pets, property damage, or illegal activity.
If you encounter losses because of a tenant’s actions, you may be able to file a claim against the tenant. You also have the right to set a security deposit that you feel covers your risks.
That said, exercising these rights requires a strong understanding of state laws. For example, landlords must provide reasonable notice before entering a unit, unless it’s an emergency. Additionally, security deposit deductions must be accompanied with an itemized list of deductions, explaining how much is being deducted and for what reason. Staying compliant helps landlords protect their investments and maintain positive relationships with tenants.
Colorado Tenant Rights
Tenants in Colorado are also granted legal protections that promote safe housing. Under state law, tenants have the right to live in a property that meets basic structural, health, and safety standards.
While there are no specific Colorado landlord-tenant required disclosures, it doesn’t mean that landlords can simply rent out a property with mold, pests, and other serious problems. If there is an issue, tenants may request repairs, and landlords are legally obligated to respond within a reasonable timeframe.
Tenants also have the right to privacy and quiet enjoyment of their homes. Landlords must provide adequate notice before entering the property, and tenants cannot be evicted without due process, including proper written notice and a legal court proceeding when required. Additionally, Colorado law protects tenants from retaliation if they assert their rights, such as filing a complaint about unsafe conditions.
Required Disclosures under Colorado Landlord Tenant Law
There are few state-specific Colorado landlord-tenant required disclosures. However, landlords do need to abide by federal disclosure requirements. One federal requirement concerns lead paint.
Lead-based paint was used for a long time in the past because it allowed paint to dry faster and created a longer-lasting finish. However, over time research showed that lead paint could be serious, especially for small children. Lead paint can impede normal brain development and can lead to kidney and nervous system damage. Even breathing in lead paint fumes or dust caused by minor renovations can cause harm. Unfortunately, lead paint does not look different and there’s no way to tell whether a rental has lead paint unless you test.
If you are a landlord and you are renting in a building built before January 1, 1978, you must provide tenants with government-created information about lead paint. These include a warning statement about lead paint and a pamphlet about the same subject. If there have been any inspections related to lead-based paint on the property, you must provide information about those inspections.
Under federal law, there are some exceptions. You may not need to make a disclosure about lead paint for short-term rentals and if you are renting a single room in a larger residence. If you have had a certified inspector check the rental and determined it is lead-free, you may also not need to disclose information about lead paint (though it can be useful to provide information about the inspections, to reassure renters that the unit is lead-free).
A more recent disclosure requirement went into effect in Colorado concerning radon. Landlords renting residential properties and units must provide written information about radon and radon testing. If the landlord has run radon tests or has any radon information about the specific building, they must share this also.
Failure to provide these disclosures can lead to legal disputes and financial penalties.
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Colorado Eviction Laws
In Colorado, the eviction process is governed by strict legal procedures that must be followed precisely. Landlords cannot simply ask tenants to leave. They must have a legally valid reason, such as nonpayment of rent or lease violations.
The process typically begins with a written notice, which gives the tenant a specified number of days to correct the issue or vacate the property. If the tenant remains past that period, the landlord must file an official eviction action with the court. Tenants have the right to defend themselves in court, and a judge will ultimately decide whether the eviction is warranted.
Colorado’s laws prohibit “self-help” evictions, which means that landlords can’t change locks, shut off utilities, or remove tenant belongings without a court order.
Security Deposit Laws
Security deposits are one of the most common sources of landlord-tenant disputes. In Colorado, the law allows landlords to collect a security deposit as financial protection against unpaid rent or property damage, but it also defines the security deposit as the tenant’s property and dictates strict rules about how the money must be handled.
Landlords must return the security deposit within one month after the lease ends, unless the lease agreement specifies a longer period, up to a maximum of 60 days. If any deductions are made for cleaning, repairs, or unpaid rent, the landlord must provide a written, itemized statement detailing those charges.
If a landlord wrongfully withholds a deposit, tenants have the right to sue and can seek damages equivalent to three times the security deposit, plus legal fees. For example, if a landlord doesn’t disclose mold or radon in an apartment and then tries to use a tenant’s security deposit to address the mold or radon, the tenant can take the landlord to court.
Lease Termination
Ending a lease agreement requires proper notice. In Colorado, landlords can only refuse to renew the lease for specific reasons. For example, if they are conducting major renovations on the unit or moving into the rental themselves, they may terminate the lease at the end of the lease term.
Tenants can also seek to break the lease. This often comes up with situations where disagreements over Colorado landlord-tenant required disclosures arise. For example, if a landlord failed to disclose radon or lead and a tenant found out that one of these was a hazard, they may seek to break the lease early. Military deployment and domestic violence can also give tenants a cause to terminate the lease.
Even if landlords are not required to disclose a hazard by law, if they fail to warn tenants about a known hazard, tenants may have the right to break the lease. For example, if a landlord knows about bedbugs, mold, pest infestations, and other hazards that affect the habitability of a rental and fail to address the issue, tenants may be able to break the lease and even seek compensation.
At Flaxman Law Group, for example, our Denver office helped a client who discovered severe mold in her home. While landlords are not required to disclose mold in Colorado, the mold was clearly a danger to our client’s health, and we were able to secure a lease termination plus $10,000 in compensation for moving expenses.
Our law firm has a limited number of main practice areas, and these include landlord-tenant disputes and personal injury law. Both can become relevant in the same cases. Even though landlords in Colorado are not required to disclose serious dangers such as mold, pests, or fentanyl contamination, these pose real dangers to clients. If you are injured because a landlord was negligent in providing you with safe housing, you may be able to file a claim to seek compensation for lost income, medical bills, moving costs, and other expenses. Consult with an attorney at Flaxman Law Group if you have been injured to find out more.
Notice of Entry
In Colorado, landlords must respect a tenant’s right to privacy while still maintaining access to the rental property for essential reasons. Although Colorado does not specify an exact notice period in every circumstance, the law requires that entry must be reasonable and not disruptive to the tenant’s use of the property.
The best practice is to provide at least 24 hours’ notice before entering the premises. Additionally, landlords should disclose in writing the reason for entry and the expected time frame. This gives you a paper trail that establishes that entry was warranted and reasonable. Emergencies, such as water leaks or fire risks, may allow for immediate access without prior notice.
Housing Discrimination
Federal and Colorado state laws strictly prohibit housing discrimination. Landlords are not allowed to refuse to rent, impose different terms, or otherwise discriminate against tenants or applicants based on protected characteristics (including race, color, national origin, religion, sex, familial status, disability, sexual orientation, or gender identity).
Colorado Small Claims Court
Disputes between landlords and tenants can sometimes be resolved through Colorado Small Claims Court. Designed for cases involving $7,500 or less, this court offers a legal process where individuals can seek compensation.
Small claims cases can arise when required disclosures are violated. For example, if a landlord fails to disclose lead paint, tenants can seek compensation. However, not all cases are best resolved in Colorado Small Claims Court. In some cases, especially where a landlord has failed to make required disclosures, you may be able to negotiate with your landlord to reach an agreement.
Working with an experienced Colorado landlord-tenant dispute attorney can help. Your attorney can explain what your best options are and what compensation, if any, you may be able to seek. Your attorney can also represent you in court if your case cannot be resolved through mediation or negotiation.
Retaliation
Colorado law protects tenants from retaliation when they assert their legal rights. If a tenant files a complaint about unsafe housing conditions, organizes with other tenants, or reports violations to local authorities, the landlord may not respond by raising rent, reducing services, or initiating eviction without legitimate cause.
Retaliation claims often arise when a landlord fails to meet disclosure obligations and then reacts negatively when tenants request enforcement. For example, if a landlord knows about radon in the rental and the tenant reports the landlord for unfair housing or asks for radon remediation, a landlord may try to charge the tenant extra fees, may start harassing them, or even try to evict the tenant. This is illegal and the tenant has the right to fight back. Tenants can seek to have the landlord stop the retaliatory behavior or can even seek compensation.
At Flaxman Law Group, we have handled disputes over Colorado landlord-tenant required disclosures. Whether you’re a landlord who honestly didn’t know about a hazard in a rental and are now being sued or whether you’re a tenant in unsafe and uninhabitable housing, we may be able to help. Our family-focused firm has already been featured on local news as an advocate for landlords and tenants. If we can help you, contact us 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.