Landlord Tenant Required Disclosures

Colorado Landlord Responsibilities & Rights

As a landlord in Colorado, you are required to keep the property in a safe and livable condition, meeting Colorado’s housing codes. This includes ensuring essential systems like plumbing, heating, and electrical are working properly and promptly addressing any repairs needed.

You must also provide tenants with necessary disclosures about the property, such as the presence of lead-based paint and the condition of the property.

You have the right to inspect a property for issues such as mold or pest infestations, but you must give tenants at least 24 hours’ notice before entering their rental unit, unless there is an emergency.

As a landlord, you are also responsible for managing security deposits correctly. This means holding the deposit in a separate account and returning it (or providing an itemized list of deductions) within the state-required timeframe after the tenant moves out.

As a landlord, you do have the right to collect rent as agreed in the lease. If a tenant fails to pay rent or violates other terms of the lease, you have the right to initiate eviction proceedings following the proper legal process.

Property Ownership Change

When the ownership of a property changes hands, whether through sale, transfer, or inheritance, new disclosure requirements may come into play. For example, when a property is sold, the new owner must comply with all the required disclosures. For example, if a property was built before 1978, the new owner must still provide a lead-based paint disclosure to any prospective buyers or tenants, regardless of whether the previous owner did so.

If a property is transferred through inheritance, a deed transfer, or in any other way the new owner must also be made aware of any existing issues that might affect the property. While some disclosures (such as the condition of the property) may not apply in a transfer situation, others, like the lead-based paint disclosure for older properties, remain relevant. Again, if you are a landlord selling or transferring a property it is better to be transparent about the condition of a property, rather than risk legal action later on.

In cases of rental property ownership change, tenants must be notified by the new landlord of the change in ownership and provided with updated contact information for rent payment and maintenance requests. This ensures tenants know who to communicate with regarding property-related matters.

Even after a property changes hands, disclosure responsibilities do not end. If there were issues or material facts not disclosed by the prior owner, the new owner may be responsible for disclosing these to new tenants or buyers. This can include repair history, environmental hazards, or legal disputes that may affect the property’s value or livability. For example, if one landlord sold a rental to a new owner, during inspection the new owner may have discovered a pest infestation. Even if the previous owner failed to disclose this, the new owner needs to inform the new tenants of the discovery.

A common source of legal claims and landlord-tenant disputes concerns required disclosures. For example, sellers of a property may not know about or may fail to disclose the presence of a methamphetamine lab on the property years ago. If the new owner rents the building and the tenant suffers from organ damage, cancer, or neurological issues, potentially because they were exposed to the lingering chemicals from the lab, the tenant may have a legal claim. They may sue the landlord, but the landlord may claim that they were not told of the danger.

In these kinds of situations, if a seller or landlord fails to provide the required disclosures, you may have the right to take legal action for damages. For example, if a seller doesn’t disclose known defects in the property, you may be entitled to compensation for repair costs or other damages resulting.

In cases where disclosure violations affect the habitability of the property or involve significant risks (such as undisclosed lead paint or serious structural issues), as a tenant you might be able to cancel the lease.

If a violation of disclosure laws results in financial loss, such as costly repairs or medical expenses due to undisclosed hazards, you may have the right to pursue damages through a civil lawsuit. This is the case whether you are a landlord or tenant. The damages awarded will depend on the severity of the violation and its impact on your health or property.

In legal claims, sellers and landlords can sometimes avoid liability if they can prove that they were unaware of the issues or that the disclosure was made in good faith. However, it’s important to note that failing to make disclosures knowingly or willfully can lead to serious legal ramifications. For this reason, it is best for landlords to make all disclosures in writing and to keep records of when disclosures were made (and keep records of all information shared with the tenant). That way, if there is any landlord-tenant dispute, you can show what was shared with the tenant and when.

If a tenant or buyer discovers a violation of disclosure requirements and it affects the condition of the property, the seller or landlord may be required to make repairs or pay for repairs that were not initially disclosed. This could include fixing major defects that were not identified during the transaction.

If you believe your rights have been violated due to a failure to provide required disclosures, it’s important to consult with a real estate attorney who specializes in both landlord-tenant disputes and personal injury law. That’s because these cases can be complicated. You may have suffered an injury because of the lack of disclosure. For example, if a landlord failed to disclose the presence of mold in a rental unit, you may have suffered respiratory illness and may have a personal injury claim. You may be able to seek compensation for medical bills, lost time at work, property damage, and other costs. At the same time, you may have a landlord-tenant disagreement that needs to be addressed. For example, you may want to seek to terminate the lease early. An attorney experienced in real estate law and personal injury law can explain what your rights are and can help you seek justice and compensation for any harm caused by the disclosure violation.

If you may have a disclosure requirement violation claim, contact Flaxman Law Group at 970-999-0530 for a consultation. Flaxman Law Group began as a respected and family-focused law firm in South Florida, but expanded to Colorado to provide Coloradans with the same high level of legal representation. The Denver office is led by Steven Flaxman, who has experience in both personal injury and landlord-tenant law, enabling him to assist landlords, tenants, and anyone who has been injured. Whether you’re dealing with complex housing issues, catastrophic injuries, or property damage, contact the Denver offices of Flaxman Law Group at 970-999-0530 to schedule your consultation. Steven can explain your rights, your options, and your potential next steps.