Duty to Deliver Possession in Colorado

Duty to deliver possession refers to the landlord's responsibility to provide tenants with the lawful right to occupy the rental property. This isn’t always as simple as it may seem. A previous tenant may refuse to leave the premises, putting the landlord in a difficult situation. Or a renter may get to move-in day only realize that the rental is not ready.

There are legal remedies and solutions to this common situation. A landlord-tenant dispute lawyer in Colorado can seek mediation or can work to resolve the issue. Whether you’re a landlord or a tenant, if you find yourself in this situation, contact the father-son attorney team at Flaxman Law Group. You can call our offices in Denver at 970-999-0530 any time to schedule a no-obligation consultation with a landlord-tenant dispute lawyer.

According to Colorado law, landlords have a duty to deliver possession of the rental property to the tenant at the agreed-upon time and in a habitable condition. This means that the rental property is fit for human habitation, meets local building codes, and is free from any hazardous conditions. It also means that on the agreed-upon move-in date landlords should be able to provide the renter with keys and should have made sure there is no one else unlawfully occupying the unit.

However, things can go wrong:

• Delayed Possession: Sometimes, landlords may not be able to deliver possession of the property on the agreed-upon date. This can be due to previous tenants not vacating on time, repairs or renovations taking longer than expected, or administrative delays. A delay can cause inconvenience and financial hardship for tenants moving in.
• Uninhabitable Conditions: Landlords must ensure that the rental property is safe and habitable. If a property has serious issues like mold, no hot water, faulty wiring, or no heating, it can render the property uninhabitable.

Disputes between landlords and tenants regarding the duty to deliver possession can escalate fast. To avoid lengthy legal battles, both parties should consider the following steps:

• Try to find alternative solutions: If a landlord can’t evict previous tenants on time or if the unit isn’t ready because of repairs, disputes can often be avoided if the landlord can offer alternative housing until the unit is ready or compensation to pay for alternative housing.
• Document all communication: Tenants and landlords should maintain open lines of communication in writing. For example, if the tenant finds the property uninhabitable on move-in date, they should take pictures and send the landlord a detailed, itemized list of any issues they’ve found.
• Contact a landlord-tenant dispute attorney: Both landlords and renters can benefit from working with a Colorado landlord-tenant dispute lawyer if they can’t find a resolution. An experienced attorney can advise you of your rights, seek mediation, and pursue ways to resolve the issue.

If you’re having trouble with duty to deliver possession in Colorado, reach out to Flaxman Law Group for a no obligation consultation with a landlord-tenant dispute lawyer in our Denver offices. We’re a family-based law firm with a track record of helping landlords and tenants. Our team has more than 60 years of experience and we pride ourselves in providing personalized attention to every client. Call us today at 970-999-0530.