| Landlord - Tenant Relations |
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Source: "A Landlord - Tenant Relations Guide 1997" |
Landlord's Lien and Abandoned Property
Colorado law allows a landlord to seize certain items of a tenant's personal property for nonpayment of rent. However, the law puts important limitations on the landlord's right to seize property and provides certain protections for the tenant.
The landlord's right to seize the tenant's property is called "The Landlord's Lien." The property that the landlord may seize includes furniture, large appliances and a number of household goods. Your landlord cannot take items such as small kitchen appliances, pots and pans, beds and bedding, clothes, personal or business papers or records, personal effects or your motor vehicle. When back rent is owed, the landlord may enter the tenant' s rental premises at any reasonable time and in a peaceable manner to seize and secure the personal property. However, the landlord may not seize the property in a way that substantially interferes with the tenant's right to reasonably occupy and enjoy the premises. If a landlord violates this rule, the right to seize the property is lost.
Once a landlord has seized the tenant' s personal property for back rent, there are other rules the landlord must follow. He or she does not have the right to immediately sell the property.
In fact, the landlord can only sell the property after obtaining a court order. If the landlord has not filed for a court order to sell the property within sixty (60) days, the landlord loses all rights to continue to withhold the property, even though the tenant still owes money to the landlord.
An exception to this rule is the case where a landlord has a reasonable belief that the property has been abandoned. For example, a tenant who has been evicted may leave property behind, or may have property seized by the landlord at the time of the eviction. If the tenant then moves and never contacts the landlord or never provides the landlord with a forwarding address, the landlord will often claim that the property has been abandoned. In order to avoid this problem, a tenant who has property seized by the landlord and has moved should always send a letter to the landlord by certified mail notifying the landlord of the tenant's new address and of the tenant's desire to obtain the return of the property. A copy of the letter should be kept by the tenant. If this is done, the landlord will have a difficult time claiming abandonment. The tenant may be charged for storage of the property.
There is another exception to the landlord's duty to obtain a court order to sell the property. The parties may sign a written agreement giving the landlord the right to seize and sell the tenant's property for nonpayment of rent. This is a contractual hen. These types of provisions are becoming more common in form leases used by landlords. You should carefully read any lease that you sign, and avoid signing a lease that contains this type of provision.
In any event, if you are a tenant and a landlord has seized your personal property, you may want to contact a lawyer. It is very possible that the landlord may have broken one or more rules, causing him or her to lose any right to your property.
Abandonment of a Rental Unit by the Tenant
When a tenant moves from a rental unit and fails to "surrender" (notify the landlord and return the keys) the rental unit to their landlord, the tenant's action may be considered an abandonment of the premises. If the landlord can prove that the tenant has abandoned the premises, the tenant maybe held responsible for the remaining rent owed under the lease minus that amount of money the landlord obtains by re-renting the premises during the lease period.
Subletting
Generally, tenants may not sublet their residence without permission or authorization from the landlord. If such a clause is in your lease, violation of it may result in eviction.
There are valid reasons for subletting restrictions. Landlords want to choose who their tenants will be. They want to be certain that their tenants can pay the rent, will respect other tenants, will abide by the rules regarding tenancy and will not damage the premises.
If you intend to vacate a rental unit and wish to have it rented to someone you know, invite your landlord to a meeting of all parties to discuss the matter. Usually, the landlord will review the prospective tenant's application and, if the tenant is acceptable to the landlord, will allow you to terminate your tenancy without any penalty.
Discrimination
You may run into conflicts because of your age, sex, race or any other type of factor. If the conflict reaches the point of harassment because of any of these items, you may be facing discrimination. If you believe you are being discriminated against, you should contact the Colorado Civil Rights Commission at 719-576-6386.
Guests
Your landlord might try to limit guests you can have in your apartment. However, your landlord does not have the right to restrict who may visit you in your home. (Leases often limit the number or length of stay for overnight guests. Such a lease provision is valid and should not be violated.) Remember, you have responsibilities for your guests' behavior. Remember also that your rights must be balanced against your neighbor's rights.
Other Remedies
There are many ways to head off potential problems and conflicts which come up between you and your landlord. Legal actions and lawsuits are expensive and time consuming. Mediation services for landlord-tenant disputes are often available through your County Human Relations. They can discuss your difficulties and try to reach solutions.
Source: "A Landlord - Tenant Relations Guide - 1997", A Publication of
Pikes Peak/Arkansas River Legal Aid and City of Colorado Springs Human Relations Office |