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Understanding Failure to Provide Access in Colorado
When a tenant moves into a rental condo, townhouse, apartment, house, or other premises, they have the right to peaceful enjoyment of their home. In turn, the landlord who owns the property has the right, under Colorado law, to access the property when they need to, as long as it does not interfere with the renter's right to enjoy their property.
It's not uncommon for tenants and landlords to disagree about what is reasonable when it comes to access. When landlord-tenant disputes arise over failure to provide access, you may wish to contact Flaxman Law Group for a no obligation consultation. Whether you're in Pueblo, Silverthorne, Sterling, or another Colorado community, we can go over your lease agreement and the state laws to seek a resolution in your situation.
A Landlord's Right to AccessIn Colorado, landlords can access their property, even when the tenant isn't there, for a wide variety of reasons:
- For inspections
- For repairs, improvements, and maintenance
- To provide services
- To show the property
- In emergencies
- To comply with a legal requirement or court order
Bedbug inspections and treatments require a landlord to give notice. In Colorado, landlords don't need to give advance notice in most cases. It's still a good idea to offer tenants notice before entering their home, however. It can prevent disputes and builds a good relationship.
A Tenant's RightsUnder Colorado laws, tenants have the right to privacy and quiet enjoyment of their rental. If a landlord seeks access in way that is excessive or unreasonable, this can interfere with a tenant's rights. For this reason, it is best if landlords limit their entry into renter's premises and provide advance notice.
If a tenant feels their landlord is seeking unreasonable access, they can consult an attorney. They will also want to keep a record of when their landlord entered the premises and how often.
Tenants can refuse a landlord entry if a landlord's seeking access to the property interferes with the renter's right to privacy and quiet enjoyment of their rental. They can also refuse if the landlord's request is unreasonable. Colorado landlords may seek a court order to force access to the property.
If a tenant feels their landlord is unreasonable in seeking access to the rental, they can:
- Get a court order to prevent the landlord from entering the rental.
- Sue the landlord for illegal entry and seek compensation for any losses.
- Cancel the rental agreement in some cases.
Great communication can help prevent many landlord-tenant disputes in Colorado, especially when it comes to access. Both parties can help by:
- Understanding the rental agreement for the property and state laws about access
- Communicating about the best times to grant access
- Respecting the other party's requirements
- Keeping good records of all requests and any denials of access
- Staying flexible where possible
- Seeking help from a landlord-tenant dispute attorney in Colorado if disagreements arise, to try to work out an agreement
If you're a landlord or tenant in Grand Junction, Greeley, Montrose, or another Colorado community and you're facing a disagreement about access to a rental property, contact Flaxman Law Group at 970-999-0530 or contact us online. We can set up a no obligation consultation so you can discuss what options you may have.
