Landlord Tenant Law

Attorneys Fees in an Eviction: Residential, Commercial, Agricultural Rules

Attorneys Fees in an Eviction: Residential, Commercial, Agricultural Rules

Landlords facing the process of evicting a tenant are often hesitant regarding hiring an attorney in hopes to save expenses.  However, Colorado Statutes provide for attorneys fees to be awarded to successful landlords, subject to certain exceptions.  

Preparing To Evict Your Tenant: What steps do you need to take to make sure you can legally evict a problem tenant

Preparing To Evict Your Tenant: What steps do you need to take to make sure you can legally evict a problem tenant

Landlords looking to evict a problem tenant in Colorado may find themselves out of luck if they fail to follow proper procedure in the time leading up to the eviction.  Find out the steps you can take now to prepare for an eviction later.

Landlord’s Defenses to Claims of a Breach of the Warranty of Habitability

Landlord’s Defenses to Claims of a Breach of the Warranty of Habitability

Landlords facing any claim of the breach of the warranty of habitability may have defenses available to the action by their tenant.  Some defenses are provided by statute, where certain defenses and limitations on tenant actions and remedies are specifically enumerated.

When is a Rental Property Uninhabitable in Colorado? Landlord’s Breach of the Warranty of Habitability

When is a Rental Property Uninhabitable in Colorado? Landlord’s Breach of the Warranty of Habitability

Property owners in Colorado who desire to rent their homes to tenants must abide by the Warranty of Habitability.  But what requirements exist and what makes a home "uninhabitable?"  

When Is A Tenant Responsible For Maintenance of a Rental Property?

When Is A Tenant Responsible For Maintenance of a Rental Property?

As a tenant, you have certain obligations to the premises in terms of upkeep and maintenance under Colorado Landlord Tenant Statutes.  These obligations may not appear in your lease agreement, but you are no less responsible for not only knowing them, but upholding your obligations.

What is the Warranty of Habitability in Colorado?

What is the Warranty of Habitability in Colorado?

Every lease agreement carries with it an implied warranty of habitability.  That is, the landlord warrants to the tenant that the premises leased to the tenant for the purpose of habitation is in fact suitable for human habitation.  This does not need to be written in your lease in order to be in effect; the implied warranty of habitability is implied in every lease agreement.

5 Reasons NOT To Use A Form Lease You Downloaded On The Internet

5 Reasons NOT To Use A Form Lease You Downloaded On The Internet

It can be temping to use a form or template lease downloaded from a site promising great legal forms.  However, a customized lease drafted for you and your property specifically is an investment that will serve your commercial, residential, or agricultural property needs.

What Is A Security Deposit?

What Is A Security Deposit?

A security deposit is any advance or deposit of money, regardless of its denomination, the primary function of which is to secure the performance of a rental agreement for residential premises or any part thereof

Can I Evict A Tenant For Multiple or Subsequent Lease Violations?

Subsequent violations of a lease contract are grounds for an eviction in Colorado under statute.  However, those subsequent evictions only qualify for eviction when it can be shown that the previous violations were given the same treatment as the notice requirements under law.

Can A Landlord Withhold My Security Deposit?

Security deposit disputes are a common occurrence between renters and landlords in Denver and the surrounding state of Colorado.  Having an attorney like Nathaniel Gilbert can be a big advantage in negotiating and navigating the rules, requirements and deadlines associated with the process of disputing a security deposit.

What Is a Substantial Violation of a Lease and Can I Evict My Tenant if They Commit One?

What Is a Substantial Violation of a Lease and Can I Evict My Tenant if They Commit One?

Substantial Violations of a lease agreement in Colorado are grounds for eviction by statute.  Colorado Leasing Attorney Nathaniel Gilbert can help landlords determine the standard and process for this type of eviction from residential, commercial, and agricultural properties.

How Do I Send A Notice of Eviction To My Tenant (Demand for Possession)?

Landlords who perform their own evictions may run into more problems than they anticipate regarding a notice of eviction.  Colorado laws regarding the written demand for possession are strict, and must be strictly complied with or the eviction case may be dismissed.

Can I Draft My Own Lease?

Can I Draft My Own Lease?

Yes.  But you probably a shouldn't.  An attorney qualified to help draft your residential, agricultural, commercial, or recreational lease can be an invaluable asset in helping protect your investments.

How Do I Get My Security Deposit Back?

How Do I Get My Security Deposit Back?

Security deposits for commercial, residential, agricultural, and recreational leases are strictly regulated in Colorado.  While these deposits help the landlord to cover damages or other expenses that may be incurred due to tenant departure, tenants are entitled to the return of monies not properly accounted for.

Can I Install Electric Vehicle Charging Stations On My Rental Property?

Can I Install Electric Vehicle Charging Stations On My Rental Property?

Colorado landlords and tenants have options when it comes to installing electric vehicle charging stations on their residential property rentals.  Before deciding if the tenant or the landlord should be responsible for paying for the installation of the charging system, consult your lease and a Colorado Lease Lawyer for more information.

What Is My Outfitting Contract Required To Have?

Outfitters and their guides in Colorado are regulated by the Department of Regulatory Agencies (DORA).  For outfitters establishing their business, DORA has several requirements related to how those business are conducted within the state of Colorado.  In addition to rules on advertising, guarantees, and insurance requirements, DORA requires Outfitters to have certain provisions contained in their contracts that they use to provide outfitting and guiding services to consumers.

DORA requires Outfitting contracts to have six specific provisions.  These provisions are: 1) The types of services to be provided, 2) Dates the services are to be provided, 3) Transportation arrangements and whether or not transportation is to be provided, 4) Actual costs of the services, 5) The ratio of clients to guides that will be maintained on the trip, and 6) The outfitter’s own policy on cancellations and refunds on deposits or costs.

While there are no specific requirements for each of these provisions and what they must look like, they absolutely must be contained in your contract in some form.  Failure to include these provisions in your contract for outfitting services will prevent you from being able to maintain any action to recover funds owed to you under that contract. 

Nate Gilbert, attorney in Colorado, has worked with these specific provisions provided by DORA on both ends: preparing compliant contracts and documents for Outfitters revamping or just starting up their business, as well as helping Outfitters respond to complaints from DORA regarding outfitting contract deficiencies.  Scheduling a consultation with Nate regarding your outfitting services contracts BEFORE you violate these rules will help your business run more smoothly and efficiently as well as keep your outfitting compliant with Colorado law.

How can I evict hunters from my lease?

How can I evict hunters from my lease?

Hunting leases can be great opportunities for hunters and landowners, but are still subject to the same penalties as more common commercial leases for both tenant and landlord.

Moving To Colorado? Flat $25 Fee Lease Review for New Colorado Residents!

Are you moving to Colorado? Denver is one of the fastest growing cities in America.  Colorado as a whole added 101,000 people in just one year from July 2014 through July 2015.  That astonishing rate was only matched by North Dakota whose growing pains were largely due to an oil boom.  

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With every new resident that ventures to Colorado, the housing market grows with more and more people on the demand side and the construction and real estate supply side desperately trying to keep pace.  This seemingly one-sided market can leave the new Colorado resident feeling at a loss of control as to what goes into their new housing lease.  As in, "Well, if I don't take whatever they offer, then someone else will get this apartment and I'll be back to living on my friend's couch."  It is important to remember that there are laws that landlords must follow when drafting leases for their new tenants.  

At the Law Office of Nathaniel Gilbert, a trusted attorney will look through your new Colorado apartment, house, or condo lease for a flat fee of $25.00 and give you information about the following components of your lease within 24 hours:

  1. Unenforceable lease clauses under Colorado law
  2. Leases contrary to applicable statute
  3. U.S. Department of Housing and Urban Development and Environmental Protection violations
  4. Unlawful discrimination
  5. Local ordinance compliance
  6. Security Deposit return timelines
  7. Notices of rent increase
  8. Landlord access to property

Moving to Colorado is enough of a hassle without having to wonder if you are being taken advantage of by your landlord because of your situation.  Let a qualified attorney review your lease and explain anything you don't understand before signing away any of your rights or getting into anything you aren't comfortable with.  Fill out the form here for more information.

Important Tax Dates for 2015 Tax Year (March and April)

April will be here before you know it and that means tax season is in full swing.  Most importantly, Americans will have three extra days this year to file their taxes thanks to Emancipation Day being celebrated on April 15th.  Returns for most individuals will be due on April 18th (see below). Businesses and individuals have several important factors to consider when filing their tax returns with the state and federal government.  Only your trusted attorney or tax specialist can advise you properly when making decisions on how to to file.  One of the most important things to keep in mind is the deadline for filing your specific return.

March 15, 2016: Deadline for Corporations or S-Corporations to file their return or an extension

If you are responsible for the filing of the return for your corporation, the deadline of March 15th is an important one.  Failing to file the proper return or extension can result in fines, late fees, or audits.  Importantly, it is imperative that you pay the estimated sum that you owe for that tax year at the same time that you file an extension.  Failing to pay the estimated sum will result in interest being charged for the time between filing your extension and the payment of your actual taxes.

April 18, 2016: Deadline for filing Personal or Partnership Tax Returns or Extensions; Deadline for First Installment of Estimated 2016 Quarterly Tax Payments (Also applies to Kansas and Colorado State Returns and Extensions)

If you file the tax returns for your household, that return must be submitted no later than April 18th.  This applies equally to returns and extensions.  As mentioned above, if you file an extension, you must pay the estimated tax that you owe to avoid any late fees or interest charged on the amount between the deadline and when you actually submit your return.

April 18th is also the due date for your first estimated tax payments for the first 2016 quarter.  Many small business owners, the self-employed, and independent contractors fall into the category of individuals and businesses that are required to file quarterly with the I.R.S.  Failing to adhere to the quarterly payment plan can result in fines and/or interest being charged on the owed amount.

April 25, 2016: Deadline for re-submitting a rejected return or extension originally filed by the April 18th deadline (Also applies to Kansas and Colorado State Returns)

Having your return or extension that you filed rejected is not necessarily the end of the world.  Often times these are simply overlooked errors or omissions and easily fixed.  However, it may be necessary for you to contact your attorney or tax professional to go over the cited reasons for rejection to make sure you accurately correct those errors.  It is worth noting, that although the last day to re-submit a rejected return is October 20, 2016, re-submitting after the April 25th deadline will incur interest on any taxes that you owe.

If you have any questions about your tax return, please do not hesitate to call The Law Office of Nathaniel Gilbert, and speak with an attorney that can answer your questions, or help to plan how to avoid certain liabilities in future years.  We'll check back in with more important dates for May and June!