Josh Long is a Longmont small business lawyer and landlord tenant attorney in Boulder County and throughout the Front Range of Colorado. Josh is committed to providing practical solutions to the legal challenges you encounter and earning your long-term trust.
Not all Boulder Co law firms are the same. When Boulder area and Longmont residents contact me for legal representation, I take pride in working personally working on your case.
My job, as a landlord tenant lawyer, is to help lower your stress level by vigorously representing your interests for a reasonable fee. As a Colorado landlord, managing a property occupied by deadbeat or non-cooperative tenants can be draining – both emotionally and financially. I handle evictions due to non-payment of rent (known as forcible entry and detainer actions, Colorado Revised Statutes § 13-40-101), draft contracts, represent landlords in breach of contract disputes, and handle … More
Landlords in Boulder County and throughout Colorado occasionally discover that their tenant is a real piece of work.
Perhaps, the landlord suspects the tenant is dealing illegal drugs.
Perhaps, the tenant has threatened to destroy the landlord’s home.
Perhaps, the tenant is suspected of a violent felony.
Fortunately, Colorado Revised Statutes, 13-40-107.5, protects landlords from having to continue renting their property to these miscreants. The statute is intended to protect the property of landlords and the safety and well-being of everyone–except the criminals.
Under the statute, landlords in Boulder, Longmont and throughout Colorado can evict a tenant who commits a “substantial violation”. A “substantial violation” includes (among other things) a violation that “Occurs on or near the premises and endangers the person or willfully and substantially endangers the property of the landlord, any co-tenant, or any person living on or near the premises”. See C.R.S., 13-40-107.5(3)(a)-(c) for the specific definitions of a substantial violation.
In order to evict a tenant under C.R.S. 13-40-107.5, a Colorado landlord must first give a proper notice to the tenant.
Of course, tenants who have been served with such a notice aren’t necessarily going to move out immediately, and if the tenant refuses to leave, a landlord must follow Colorado’s eviction procedures. The burden is on the landlord to establish “by a preponderance of the evidence” that a substantial violation has been committed.
A substantial violation doesn’t just apply to a tenant; it also applies to the acts by a tenant’s guest or invitee. But landlords in Longmont, Boulder and throughout Colorado should be aware that tenants have a defense to an act that otherwise would be considered a substantial violation. C.R.S., 13-40-107.5(5)(b)(II) explicitly recognizes the following defense in an action by a landlord for possession: “The tenant did not know of, and could not reasonably have known of or prevented, the commission of a substantial violation by a guest or invitee but immediately notified a law enforcement officer of his or her knowledge of the substantial violation.”
This blog is for informational purposes only. For legal advice with landlord-tenant matters, please contact me or another licensed Colorado attorney.
Many small businesses are at a disadvantage because they do not bother to consult a contact attorney to draft an agreement that will protect them in the event of a dispute with their customers and suppliers. A well-drafted contract can save you a headache and money in the long run. I will tailor the agreement to your specific business and circumstances. In a soft economy, customers often become past due on their obligations. I can help you collect on delinquent obligations by writing a demand … More
P.O. Box 1765
Longmont, Colorado 80502
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