Landlord Tenant Dispute Lawyers in Colorado
Colorado law provides detailed rules governing evictions, and both landlords and tenants have legal rights and obligations that are often misunderstood. This can lead to conflict and stress.
At Flaxman Law Group, our Colorado landlord-tenant eviction lawyers represent both landlords and tenants across Colorado. Whether you’re trying to protect your investment or your housing, contact our Denver offices at 970-999-0530 for a consultation to discuss your needs.
Introduction to Landlord-Tenant Law
Colorado’s landlord-tenant laws are governed primarily by the Colorado Residential Tenants Health and Safety Act, the Warranty of Habitability, and relevant portions of the Colorado Revised Statutes (CRS). Unlike some states, Colorado does not have rent control, but it does have rules surrounding lease terms, eviction procedures, and habitability standards.
In Colorado, self-help evictions are strictly prohibited. That means a landlord may not do any of the following when trying to evict a tenant:
- Change the locks.
- Shut off utilities.
- Remove the tenant’s belongings.
Doing so can result in the landlord being held liable for damages, legal fees, and even triple the amount of rent.
It is also important to know that a new Colorado law went into effect in 2024 that limits when landlords can evict tenants. These changes are outlined in Part 13, Article 12, of Title 38 of the Colorado Revised Statutes.
The new law applies to most residential rental units in Colorado, with the follow exceptions, which are NOT affected by the new law:
- Short-term and vacation rentals.
- Shared housing, where the landlords lives in the same building.
- Some small units adjacent to a landlord’s home.
- Homes provided by an employer as part of a job.
- Some lease-to-own mobile homes.
- Tenants who have lived in the unit for less than 12 months.
- Subtenants or users of the property that the landlord didn’t approve.
Under the new rules, tenants who follow the lease and agree to fair renewal terms can keep living in the rental unit, even indefinitely, without worrying about eviction. A landlord cannot simply decide not to renew a lease or decide to evict unless there’s a legal reason.
Eviction now falls into two categories: for-cause and no-fault evictions. For-cause evictions are possible when a tenant does something wrong, such as:
- Unlawful occupancy.
- Failure to pay rent.
- Lease violations.
- Dangerous or criminal behaviour.
No-fault evictions happen when a landlord has a valid reason to end a lease that isn’t based on tenant misconduct. These can only occur at the end of a lease term and require at least 90 days’ written notice with a specific legal reason. The main valid reasons for no-fault evictions include:
- Demolition or conversion. The landlord plans to tear down the building or convert it to another use.
- Major repairs or renovations. If work can’t safely be done while the tenant is living there, the landlord can ask the tenant to leave. Tenants may have the right to move back in once the work is complete.
- Owner or family move-in. The landlord or an immediate family member wants to move in. The unit can’t be re-rented for at least 90 days afterward.
- Sale of the property. The property must be listed for sale, and re-rental is limited unless it doesn’t sell.
- Refusal to renew lease. If a tenant refuses to sign a reasonable renewal offer, including rent increases aligned with the market, the landlord may proceed with a no-fault eviction.
- Repeatedly late rent. If rent is paid late (more than 10 days past due) more than twice during the lease, and proper notice was given each time, the landlord may terminate the lease at the end of its term.
In each of these situations, the landlord must provide a detailed notice that explains why the tenant is being asked to leave and include any supporting information, such as renovation timelines or sales plans.
Understanding Lease Agreement Requirements
While oral lease agreements are technically valid in Colorado in some cases for terms shorter than one year, having a written lease is strongly recommended. A written lease agreement should clearly define the responsibilities of both parties.
Key elements every lease should include:
- Maintenance responsibilities. For example, who handles lawn care, pest control, or appliance repairs?
- Pet policies and fees. While many leases include pet restrictions, Colorado law also recognizes service animals, which cannot be banned or charged pet rent.
- Dispute resolution terms. Some leases include mediation or arbitration clauses. These can be enforceable if written correctly, but vague or one-sided clauses may not hold up in court.
- Late fees and grace periods. Colorado law caps late fees at $50 or 5% of the overdue amount, whichever is greater, and requires a seven-day grace period before charging them.
- Renewal terms. If a lease doesn’t specify renewal procedures, tenants may believe they have the right to stay indefinitely, while landlords may assume a month-to-month agreement is in place. Clarifying these terms can help both parties.
It is important for landlords and tenants to carefully review lease terms before move-in day. Many evictions happen because a tenant is accused of violating the terms of the lease agreement, and when both parties understand the lease this is less likely to happen.
Colorado Landlord Obligations
Many eviction disputes happen because landlords fail to meet their legal obligations. Under Colorado’s Warranty of Habitability, landlords must ensure that rental properties are safe, livable, and in compliance with local housing codes.
Common obligations include:
- Structural safety. Landlords must ensure the foundation, roof, and walls are structurally sound and watertight.
- Utilities and appliances. Plumbing, heating, and electrical systems must be functional and compliant with building codes.
- Mold and pests. Infestations and hazardous mold are considered violations of habitability and must be addressed promptly.
- Security. Landlords must provide secure doors and functioning locks to ensure tenant safety.
Tenants must notify the landlord in writing of the issue and give them a reasonable time to fix it. If the landlord doesn’t respond, the tenant may have legal grounds to:
- Withhold rent.
- Terminate the lease.
- File a lawsuit.
- Seek relocation and damages.
However, just like landlords can’t use self-help evictions, tenants must also follow the proper legal process. If they just stop paying rent or try to take other action without legal advice, they could end up becoming vulnerable to eviction.
Having an experienced eviction lawyer can make the difference between a smooth resolution and a drawn-out legal battle. At Flaxman Law Group, we assist landlords with compliant notice drafting, court representation, and post-eviction procedures. We also help tenants identify procedural flaws or violations of their rights.
Whether you’re a landlord trying to protect your property or a tenant fighting to stay in your home, Flaxman Law Group offers honest assessments of your situation, assertive representation, and a focus on resolving disputes fairly and efficiently. Our practice areas also include personal injury and property damage cases, so if you have experienced losses as a result of your landlord’s or tenants actions, we can explain whether you have options for seeking compensation.
Preventing Legal Disputes
The best way to handle a landlord-tenant dispute is to prevent it from escalating in the first place. While many law firms focus only on the courtroom, Flaxman Law Group emphasizes smart communication strategies and early intervention. Rather than getting you involved in a time-consuming and costly legal claim out of the gate, we try to resolve the issue so that you get a quick and reasonable solution out of the gate.
Contacting Colorado landlord-tenant eviction lawyers early in a dispute can help. We review leases with you so that you understand your options. We ensure all notices comply with Colorado law.
We also help landlords understand fair housing compliance, particularly around disability accommodations, service animals, and familial status. For tenants, we address retaliation, illegal lease clauses, or habitability violations before they turn into eviction threats.
Contact Flaxman Law Group Today
Get answers to your landlord-tenant questions. Our team is here to help you understand your rights and explore your options.
Legal Services for Landlords
At Flaxman Law Group, we represent landlords in all phases of tenancy, from lease disputes to eviction proceedings and more. For example, if you’re facing claims of uninhabitable conditions, we help gather documentation, show compliance efforts, and respond legally to avoid rent withholding or early termination by tenants.
We handle every stage of the eviction process including representing you at hearings. We help landlords resolve disputes involving security deposits after eviction, too.
Our goal is to help landlords regain possession of their property in a way that minimizes liability and reputational harm.
The Eviction Process
The Colorado eviction process can be complex, and there are several factors that can impact what rules landlords must follow. In general, landlords must:
- Serve proper notice.
Landlords must begin by serving a written notice that complies with statutory requirements. Depending on the situation, this might be:
- 10-Day Notice to Pay or Quit (for nonpayment of rent)
- 10-Day Notice to Cure or Quit (for lease violations)
- No-Fault Notice to Vacate (for month-to-month leases without cause)
This notice must be posted properly and landlords must allow the full number of days before further action is taken.
- File an eviction lawsuit.
If the tenant does not comply within the notice period, the landlord must file a Forcible Entry and Detainer (FED) action in the appropriate county court. This includes a Summons and Complaint, and the tenant is typically given 7 days to respond.
- Attend a hearing.
If the tenant contests the eviction, the court will schedule a hearing. Both sides may present evidence and witnesses. Common tenant defenses include:
- Retaliation for reporting code violations.
- Discrimination under fair housing laws.
- Procedural defects.
In some cases, before a hearing happens, both parties take part in meditation to try to resolve the issue.
- Enforce the writ.
If the court rules in the landlord’s favor, it will issue a Writ of Restitution. This document authorizes the sheriff to remove the tenant, typically within 48 hours. Only law enforcement can legally carry out a physical eviction. It is important that landlords not try to remove tenants themselves.
There are exceptions to eviction rules. Working with experienced Colorado landlord-tenant eviction lawyers ensures that landlords stay compliant and avoid common pitfalls.
Resolving Eviction Disputes
At Flaxman Law Group, we regularly advise on hidden legal risks that often surprise landlords and tenants alike:
- Disability protections. A tenant with a disability may request reasonable accommodation (such as a service animal). Denying or ignoring such a request may be considered discrimination, even if the lease forbids pets or has a strict move-out date.
- Domestic violence protections. Colorado allows victims of domestic violence to terminate leases early or request locks be changed. Evicting such tenants for breaking the lease could result in legal liability.
- Service of process errors. If eviction papers are not served properly, the case can be delayed or dismissed.
Eviction disputes often arise not from bad intentions but from unclear expectations or legal missteps. Many can be avoided—or at least resolved more efficiently—when both parties understand their rights, responsibilities, and options under Colorado law. At Flaxman Law Group, we believe the best legal outcome often starts with early intervention and open communication, not last-minute court filings.
If resolution outside the courtroom isn’t possible, we’re fully prepared to represent you in eviction proceedings and assert your rights under Colorado law.
Legal Disputes and Colorado Law
Eviction laws in Colorado are more nuanced than many landlords and tenants realize. At Flaxman Law Group, we’ve helped hundreds of renters resolve disputes over withheld deposits, unsafe living conditions, and unfair lease terms. Our team has prevented numerous unlawful eviction attempts, keeping tenants in their homes and ensuring landlords follow the law. We also represent landlords seeking to lawfully remove problem tenants so they can protect their investment.
For example, we worked with one tenant who discovered dangerous levels of mold in their home. The result: a terminated lease and $10,000 to help cover their legal and relocation costs.
Contact us today at 970-999-0530 to speak with experienced Colorado landlord-tenant eviction lawyers. We’re here to help you protect you.
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Landlord-Tenant Dispute Results
Successfully recovered significant compensation for a disabled client after building management failed to repair a broken elevator, leaving the client trapped in their home.
Secured a lease termination and $10,000 for a tenant to cover legal fees and moving expenses after their home was found to have a severe mold infestation.
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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.
With a proven track record and a client-focused approach, we strive to make the legal process as stress-free as possible. Trust our offices in Colorado and Florida to provide honest representation throughout your landlord-tenant dispute. Contact Flaxman Law Group today so we can assist you with your landlord-tenant issue.
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.