Duty to Operate in Colorado

The Colorado landlord-tenant dispute lawyers at Flaxman Law Group work with landlords and tenants who have challenges with residential leases and commercial leases. In commercial leases, a common area of dispute that can happen has to do with the duty to operate in Colorado.

Read on to find out more about this common point of contention and how to address it in your lease agreements. If you and your landlord or commercial tenant are unable to overcome your dispute, contact a Colorado landlord-tenant dispute attorney at Flaxman Law Group by calling 970-999-0530. In a confidential consultation we can review your rights and options so you can create an action plan about what to do next.

In Colorado, the "Duty to Operate" is an agreement that’s often included in commercial leases. It mandates that a commercial tenant must actively operate their business in the rented property. It makes sure that the commercial space is not left vacant, and that it’s used for the specific business purpose for which the lease was originally crafted.

It’s important to note that the "Duty to Operate" is not assumed by default. It needs to be explicitly outlined in the lease terms or clearly align with the lease's intent and purpose.

For landlords, this part of a lease ensures that their commercial properties are being used as intended and are not left vacant, which can be detrimental to the property's value and the local business community. It safeguards the landlord’s investment and helps maintain the property's vitality.

For commercial tenants, this part of the lease offers them the assurance that their neighboring properties will be actively operated, contributing to a commercial environment that can attract customers. It provides a level playing field where all commercial tenants are expected to contribute to the overall success of the area.

Every lease agreement is different. Some specify that a business be open during regular hours or set up additional requirements as part of the duty to operate.

When a duty to operate is included in a lease in Denver, Boulder, or any commercial property, it’s important that both parties signing the lease understand their obligations. Even so, disputes can arise. Colorado landlord-tenant dispute attorneys often hear from landlords and commercial tenants about this issue in the following circumstances:

• A tenant goes out of business or otherwise can’t meet the requirements of the lease agreement
• A tenant encounters difficulties and ends up trying to live in their commercial lease
• A tenant changes the nature of their business
• The industry or market changes, affecting a tenant’s ability to meet their obligations

When two parties sign a lease agreement, they may have every intention of complying with the terms of the document, but a lot can change over the months and years. When it does, landlords and tenants can disagree about what their duties are and what they should do next.

In this situation, speaking with a Colorado landlord-tenant dispute lawyer can be useful. Whether you’re a landlord or tenant in Boulder, Denver, or any other community, an experienced attorney may be able to:

• Help you reach an agreement with the other party.
• Investigate the situation, review your lease agreement, and inform you of your rights.
• Explain how Colorado laws could impact your case.
• Explain what options you have and how these solutions could help you protect your rights.
• Take your case to court, if necessary, to resolve the dispute.

If you’re looking for a Colorado landlord-tenant dispute attorney, call Flaxman Law Group in Denver. Our father-son attorney team brings experience and compassion to every case. When you choose Flaxman Law Group, you're working with Colorado landlord-tenant dispute lawyers and a legal team with more than 60 years of experience.

We understand that legal issues don't keep regular business hours, which is why we offer 24/7 access to our attorneys via their personal cell phone numbers. If you’re searching for a fair resolution to your dispute, call us at 970-999-0530 today to schedule a consultation.