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.
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.
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.
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.
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.
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.
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.
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.
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!
Making the decision to open your own dental or orthodontics practice is a big one. However, it is just the first in a long list of hard decisions that you now face as a dental practice owner. An attorney specializing in highly regulated industries, such as dental and other medical fields, can help advise you on those decisions and what suits your needs the best.
A choice of entity serves as a great starting point for your budding practice. Whether an LLC, Corporation, or Partnership suits your needs will vary depending on what you want to do. In fact, practicing as a sole proprietor under your own professional trade name may be the best option in some cases. When you speak with your attorney about what kind of entity you choose to form, be sure to have an idea of where you would like the business to be in 5-10 years: Do you want to partner with a fellow dentist down the road, add separate additional services, or merge with another practice?
Organizing your business and the policies that govern how your practice operates is absolutely crucial. The operating agreement and in-house practice policies will be the guidebook you use to run your office. Do you know the laws that govern the permitted practices of dental assistants or dental hygienists and is that line clearly enumerated in your employment policy handbook? What constitutes the unauthorized practice of dentistry and how is your practice structured to best prevent it from happening? Obviously, having the policies and laws written down in a book may not prevent mistakes from being made. However, having these policies in clearly written forms with mandatory safeguards in place will certainly lessen the probability.
The discussion of in-house policy and procedures goes hand in hand with your employee and independent contractor agreements and contracts. As a practicing professional these concerns are rampant, especially for a growing and successful practice. Knowing the differences between certain employer relationships and structuring your contracts to custom fit your needs and goals may save you headaches and potentially thousands of dollars down the road. Using an employee or independent contractor contract form you printed from a Google search may seem convenient at first, but the money you believe you saved will pale in comparison to the potential consequences later on.
Clearly, there are a multitude of concerns facing dentists and orthodontists who choose to strike out on their own. The structure and planning of your practice will serve as the foundation that your business builds on for years to come and should not be taken lightly. If you are serious about wanting to someday run a successful dental practice, forming a relationship with an attorney from the very beginning will help to protect that dream. Working with a trusted and knowledgeable attorney saves time, money, and hassle and we are ready to help.