During the last quarter of 2021, the Colorado General Assembly reviewed current landlord-tenant laws and passed a selection of changes that impact the responsibilities expected from landlords in residential and commercial settings.

To simplify the provision of new landlord-tenant laws in Colorado, we will cover the basic updates included in the recent landlord-tenant reform.

Fees and Rent Increases

As of this year, landlords may only increase rents once in 12 months. Landlords must also provide commercial tenants with 20 days’ notice before increasing rents if the tenancy is 1 to 6 months’ duration. Also, landlords must give residential tenants 60 days’ notice before increasing rent, and the new laws prohibit landlords from terminating tenancies to raise rents.

When it comes to late fees, landlords are no longer allowed to impose these charges unless they’re written into the lease agreement, rent is at least seven days late, and the landlord needs to provide a written notice of the late fee charges within 180 days of the rent payment becoming late. Late fees also cannot exceed $50 or 5% of the rent payment, nor can the landlord charge interest on late fees.

Unlawful Removal

Landlords cannot remove a tenant from a residence without a court order, and tenants are within their rights to sue landlords in landlord-tenant court for the following items:

• Attorney fees and court costs
• The tenant’s damages
• Either $5,000 or 3 times the rent amount (whichever is higher)
• Restraining orders

Court Proceedings

According to Colorado landlord-tenant law, there have been a few changes to the way pleading and court proceedings are handled.

Forcible Entry and Detainer (FED) summonses, also known as eviction actions, must now include the requirement for tenants to provide an answer, include a blank answer form for the tenant, and a form that allows one or both parties to request relevant documents in the case. The documentation must also include a list of resources that residential tenants can use to obtain legal aid and/or a landlord-tenant lawyer.

Tenants are now legally permitted to file an answer at any time on the due date, and when filing an answer, the tenant does not waive any notices related to their defense. Tenants may also claim a “lack of notice” as part of their defense by filing a motion before the hearing. The tenant cannot make this claim for the first time during the court hearing.

Finally, after a tenant files his or her answer, the court must schedule a hearing 7 to 10 days after the filing. If the tenant pays the amount listed in the FED action and any remaining rent before the judge issues a ruling, the landlord must accept the funds and allow the renter to remain in the unit. From there, the court will dismiss the action.

Updates to any section of a state’s legal code can be difficult to understand if you’re not familiar with legal terminology. Juba Law can provide answers and help you make sense of your situation. If you’re unsure about any element of the 2022 updates made to residential and commercial laws and how they apply to you, don’t hesitate to reach out to our office for a consultation with an experienced landlord-tenant attorney.

The post What’s New in 2022: Colorado Landlord Tenant Laws & Rights appeared first on The Juba Law Office PLLC.

When you lease your residential or commercial property, you want a real estate lawyer on your side. This can save time and money, and avoid bumps in the road because a real estate attorney is well-versed in tenant rights, fair housing, and state leasing regulations.

Colorado real estate can get confusing. It’s in your best interest to have a Denver real estate attorney in your corner, like the attorneys at Juba Law Office. We will go over the leasing contract, catch anything that a layperson’s eye might miss, and bring up any potential risks.

Here are four reasons why you should hire a Colorado real estate attorney to draft your commercial real estate lease:

1. It’s a way to protect your property.

When you lease property to tenants, you are putting your trust in their hands, with rules in place. A Colorado real estate attorney can draft restrictions surrounding what a tenant can and cannot do to a property, who is responsible for repairs to such modifications, and what must be changed back by the time the lease is up. These parameters allow you to maintain a degree of control over your property and safeguard it from damage.

2. You can protect your rights.

There are certain terms that your lease should include for your rights to be protected. With your real estate attorney, you can discuss the opportunity for your tenant to sublet, insurance, property taxes that arise from modifications made, the potential of rent changes over a long-term lease, and what constitutes damage.

3. You can get specific.

Using a lease from the internet won’t get the job done. This is what using a real estate attorney vs. a realtor looks like, because a real estate attorney will make sure to draft up a residential lease or commercial lease that pertains to your specific situation to cover every base.

4. It provides peace of mind.

There’s no better feeling than knowing your attorney did everything necessary to protect your assets through your residential lease or commercial lease. While working alongside an attorney, your rights as a landlord are fully protected. There are clauses in place to address situations where a tenant fails to fulfill their contractual obligations.

Your Denver Real Estate Lawyers

At Juba Law Office, we know Colorado residential real estate and commercial real estate. We are the team to call if you need legal assistance. Get in touch with us today to set up a meeting.

The post 4 Reasons Why a Lawyer Should Draft Your Residential Real Estate Lease appeared first on The Juba Law Office PLLC.