Owner Occupancy Laws in Colorado

Owner-occupancy laws in Colorado are intended to clarify the rights and responsibilities of landlords and tenants. Understanding when a landlord can move into a unit, when an owner-occupant can rent their property, and other rules is essential to avoiding penalties and disputes.

If you’re a landlord or tenant involved in a landlord-tenant dispute or if you’re a landlord concerned about getting your rentals compliant, you can always contact Flaxman Law Group in Denver by calling 970-999-0530. Our family legal team includes a father-son attorney team and we have more than 60 years of combined experience in mediation, negotiation, and trial law. Contact us today for a no obligation consultation with a landlord-tenant dispute lawyer.

Owner occupancy can refer to two things. First, some homeowner’s associations, local ordinances, zoning laws, subsidized lenders have owner-occupancy rules which limit or prohibit rentals. The goal is to control short-term rentals, long-term rentals, or both and reduce empty properties.

A more common explanation of owner-occupancy refers to situation where a landlord intends to occupy their rental property. Also known as owner move-ins, these are situations where a landlord decides to ask the tenant to move out so they can move in. This scenario can arise for various reasons, including personal use, family members moving in, or business purposes.

If a landlord in Colorado plans to move into a rental property themselves, they must have a genuine intention to occupy the property. One of the challenges with landlord move-ins is that some landlords have used this situation to renovict tenants and essentially increase the rents by getting new tenants. As a result of these bad-faith evictions, courts may scrutinize the landlord's intent. In some cases, Colorado landlords may not be able to remove a tenant without just cause, even if they want to move in themselves.

In locations where no-fault evictions are allowed, landlords must provide adequate notice to tenants and must use the property for themselves for a specific amount of time, as defined by local laws. If they fail to do so, renters can sue and may even have the right to move back into the rental. Renters may be able to seek compensation if they’re forced to move out.

In 2023, a bill was introduced to offer more protections to renters and to allow some types of no-fault evictions. In addition, local laws change regularly, in part because of concerns about housing availability in Colorado and the actions of some bad actors in the rental market. For these reasons, if you’re a landlord interested in moving into a rental property you own or you’re a tenant facing a no-fault eviction in a tight rental market, it may be a good idea to consult with a Colorado landlord-tenant dispute lawyer to make sure you understand your rights and obligations.

A situation where a landlord wants to move into a rental unit is difficult for everyone. The landlord may be facing a difficult financial or family situation and need the property. The tenant may be facing the expenses of moving and the difficulty of finding new housing in a state where housing shortages exist in some areas.

Tension can get high, which is why working with a Colorado landlord-tenant dispute attorney can be important. An experienced lawyer can look over the lease agreement and review any relevant laws. He or she can help you find a reasonable solution to a challenging situation.

If you’d like to speak to a landlord-tenant dispute lawyer today, contact the Denver offices of Flaxman Law Group by calling 970-999-0530. We can set up a no obligation consultation with a landlord-tenant dispute attorney. Our family-based firm is here to serve tenants and landlords across Colorado and we bring more than 60 years of combined negotiation and trial experience to the table.