Colorado Springs Eviction Lawyer
Eviction is a common dispute that occurs between a landlord and a tenant. A landlord is required to follow the procedure that is set forth by Colorado State law to remove a tenant legally from the premises. Landlords are not allowed to attempt self-help remedies, for example, changing the locks in order to keep the tenant out. The landlord may be sued for damages if they do so.
Also, landlord-tenant disputes arise quite often whenever the landlord does not fulfill their duties and as a result, the tenant suffers from it. Landlords are responsible for keeping up the property and are required to maintain the building, grounds, and equipment, and are required to make repairs in a reasonable time frame.
Tenant’s Case Against The Landlord
A tenant might have a case against their landlord when they feel they have been discriminated against, and this improper conduct can cause a landlord to be subject to liability.
Tenants have rights under the Fair Housing Laws, the Department of Housing and Urban Development, and the Department of Justice.
The following are some of the most important tenant rights you need to know about.
Landlords Cannot Discriminate Based On The Following Factors
- A Landlord cannot take any of the following actions that are based on handicap, familial status, sex, religion, national origin, color, or race.
Three Day Written Demand For Eviction
- A Tenant must receive a signed written Three-Day Demand For Possession Or Compliance before a landlord can file a suit for evicting a tenant based on nonpayment of rent. Tenants have the option of either moving out or paying their past due rent within three days. This demand may be served by the landlord to the tenant by having a three-day notice posted in an obvious place on the premises or providing a copy of it with a member of the household who is over 18 years old.
Regarding Your Security Deposit
- There is a one-month deadline for returning a tenant’s security deposit unless a longer period is provided for in the lease, that cannot exceed 60 days in Colorado.
- If the security deposit is not returned by the landlord or an itemized list of deductions is not sent within the time period that is required, or if a tenant disagrees with the landlord’s deductions, the tenant can initiate an action for recovering disputed funds from the security deposit.
Eviction in Colorado Springs can leave you on the streets in the dead of winter. If you find yourself in eviction process, please give Mary Daugherty a call today.