Self-Help Evictions in Colorado
When a tenant breaches the terms of a lease and the tenant-landlord relationship has broken down, landlords want to move on quickly. They usually need to evict the tenant in a timely way. Failing to do so can mean a property stays vacant and loses money. This can tempt landlords in Chaffee County, Cheyenne County, and other parts of Colorado to try self-help evictions.
It can be a costly mistake.
Colorado laws prohibit landlords from evicting tenants without cause. Not only do landlords have to have a legal cause to evict a tenant, but they need to make sure they follow all correct procedures for doing do. A self-help eviction is considered an illegal eviction in Colorado and can result in legal and financial problems for a landlord.
There’s a lot at stake, so if you’re a landlord in Chaffee County, Cheyenne County, or any other region of Colorado, we recommend you contact a Colorado landlord-tenant dispute attorney at Flaxman Law Group. Our family-based law firm, Flaxman Law Group, has a legal team with more than 60 years of combined experience.
If you need to evict a tenant and want to talk to a Colorado landlord-tenant dispute lawyer about how to reduce your risk of liability and penalties while ensuring your eviction is legal, contact Flaxman Law Group at 970-999-0530 for a consultation.
What Are Self-Help Evictions in Colorado?Self-help evictions refer to situations when a Colorado landlord fails to use the legally permitted methods of eviction outlined in state law and instead tries to compel a renter to leave. Common self-help eviction tactics may include:
- Changing the locks while the tenant is out.
- Cutting off heat, water, electricity, or gas.
- Removing the tenant’s belongings from the property.
- Making a property unbearable with renovations and noise.
Colorado Revised Statutes (C.R.S.) Section 38-12-510 makes it clear that self-help measures aren’t allowed and gives tenants remedies if landlords do attempt such measures. Even in case of disputes or lease violations, landlords cannot use self-help evictions in Colorado.
If landlords do attempt illegal evictions, renters can bring a civil action against the landlord and seek compensation for their costs, damages, and attorney fees. The tenant may also be allowed to remain in the rental.
How Landlords in Colorado Can Deal with EvictionsThe eviction process in Colorado is designed to ensure that the rights of all parties are protected and that disputes are resolved fairly and in accordance with the law. Landlords in Colorado can initiate eviction proceedings when a tenant breaches the terms of the lease. This means evictions can happen because of nonpayment of rent, excessive property damage, or other violations.
Self-help evictions deprive tenants and landlords of the opportunity to present their cases before a court of law. With the legal process, a court makes a formal determination on the eviction.
If you’re a landlord who wants to evict a tenant or if you’re a renter who thinks your landlord may be attempting an illegal eviction, contact Flaxman Law Group to speak with a Colorado landlord-tenant dispute attorney. Whether you’re in Chaffee County, Cheyenne County, or any other region of Colorado, our family-based law firm is here to protect your rights.
We offer services in both English and Spanish, reflecting our dedication to serving a diverse clientele. Don’t hesitate to call us at 970-999-0530 for a consultation and take the first step toward resolving your landlord-tenant disputes with confidence. Talking to a Colorado landlord-tenant dispute lawyer can give you the answers you need to deal with a self-help eviction.
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.
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.