October 24

Landlord Tenant Issues

With the active rental market in the Boulder and Denver areas, landlord tenant issues are all too common. Tenants will be pleased to learn that the law is generally favorable to them. This is due to the fact that there is a disproportionate distribution of power in the landlord tenant relationship. Some laws that favor tenants deal with security deposits. Landlords have 30 days after the termination of the lease or the surrendering of the property to return the tenant’s security deposit. If the landlord does not return the full deposit, they must provide an invoice of all the deductions. These deductions must go towards repairs or damages that result from actions beyond normal wear and tear.

Normal wear and tear is defined as that deterioration which occurs based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of the household, or invited guest. If the landlord does not return the security deposit, tenants may issue a 7-day demand letter. If the landlord still does not remit the security deposit, additional damages may be awarded to the tenant once a suit is filed.

Landlord tenant issues cover a broad range of topics. Evictions, landlords entering the premises without permission, lease issues, failure to repair fixtures, etc. The practical reality of a landlord tenant issue is that you should always try to negotiate first on your own. It is both tenant and landlord’s best interest to resolve their differences. Landlords do not want to incur the expense of a lawsuit and they carry the most legal exposure. Tenants do not want an unhappy living situation. With that being said some situations do call for an attorney. If you are unsure of your rights in a landlord tenant situation, you should speak with a practical minded attorney to reach a quick and efficient resolution.

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