Termination and Eviction Lease Provisions

As a Colorado Landlord, You Have Many Rights, But Also Many Responsibilities.

Whether you are a real estate investor or a landlord, you understand the importance of protecting your property while continuing to make a profit. To protect the revenue you make from your investment, you will also have to try to avoid legal issues, as they are often costly to resolve. It is critical that you know the issues that may arise so you can be proactive and keep current with the ever-changing laws. As a landlord or real estate investor, it is crucial that you know the laws that pertain to you and your property, so you do not find yourself in a costly legal battle.

Grounds to Evict a Tenant in Colorado

In Littleton, as throughout the rest of Colorado, you can evict a tenant with or without cause, but there are strict laws surrounding both instances. Without an adequate lease that covers both common and uncommon situations, you may be stuck with a tenant that is causing trouble. 

Tenant’s Right to Lease Renewal Offers

 Grounds to evict with reasonable cause include the following:

  • Failure to Pay Rent
  • Lease Violation
  • Statutory Violations
  • No Cause Evictions – Qualification
  • No Cause Evictions – No Fault
  • Foreclosure, Trespass, Holdover After Home Purchase

Recent changes to Colorado law have made lease terminations, renewals, and evictions much more complicated. For example, generally a Colorado Landlord must offer lease renewal terms to tenants -- a landlord cannot simply terminate a tenancy or lease for no reason. Landlords now have specific exceptions that allow lease termination, and the process and forms for these terminations are covered in the Ceglian Law, PC Colorado Landlord Lease Package. Some examples or situations where lease termination might be available to a landlord are:

  • Conversion or demotion of premises
  • Substantial renovations or repairs
  • Family member of landlord, or landlord, assumes occupancy
  • Withdrawing from the rental market and selling the property
  • Refusal of tenant to sign a lease with reasonable terms
  • History of Late Rent / Cured Rent Late 3x
  • Short Term Rental
  • Tenant has no history of 12 months tenancy in a residential premises
  • Landlord lives on Premises
  • Tenant not known to Landlord

Warranty of Habitability Lease Provisions

Colorado law provides that all leases include an implied Warranty of Habitability – whether it is expressly stated in the lease or not. The Warranty of Habitability requires Colorado landlords provide habitable residential premises at the beginning of the lease and maintained throughout the tenancy. Failing to handle a Warranty of Habitability request timely and properly can result in breach of the Warranty and an award of damages and attorneys’ fees to the tenant. This is a significant change from the historical law that required tenants to accept properties ‘as is.’ The laws are complex and involve specific deadlines that all landlords must comply with. The Ceglian Law, PC Colorado Landlord Lease Package has a full section setting out the Warranty of Habitability and the applicable timelines. 

Would you like to confidently inform the tenant frantically calling you at 3:00 am with a water leak what to do, and what will happen next? Instead of letting the tenant berate you for not knowing legally what to do and breaching the Warranty by missing critical timeframes, find quick answers and next steps in the lease itself, and be ready to help at a moment’s notice. Get yourself compliant today – invest in the Ceglian Law, PC Colorado Landlord Lease Package!

Security Deposit Lease Provisions

In Colorado and in some local jurisdictions, there are strict laws pertaining to how much you can charge for security deposits, including for pets, how they are handled, and how to handle deductions. When landlords fail to comply with these laws, the tenant has the right to take legal action against them. Tenants have strong statutory protections from wrongful withholding of security deposits, and so Landlords need a lease with strong protections for them. Ceglian Law, PC has security deposit law covered in the Colorado Landlord Lease Package. 

Professional Colorado Leases and Property Management Documents

A well-drafted lease is the foundation of any landlord-tenant relationship. While there are do-it-yourself templates found online, they cannot address the specific facts pertaining to individual situations. A lease agreement that addresses your particular property and needs will provide a strong agreement that will help you avoid disputes with your tenant in the future. A strong lease agreement will also provide a means of resolving any dispute, should one arise. Lease agreements are a must for any residential space or commercial property.

In addition to lease agreements, landlords must also draft rental applications, proof of income statements, reference requests, and more. It is always recommended that they do not rely on do-it-yourself templates that could place their rights in jeopardy. Ceglian Law, PC has this covered in the Colorado Landlord Lease Package, with all the needed forms for the application process, leasing, security deposits, lease compliance, lease terminations, lien protections, and more!