Best Landlord & Tenant Lawyers in Lakewood

About Landlord & Tenant Law in Lakewood, United States

Landlord and tenant law in Lakewood, United States, encompasses a range of legal issues connected to the rental of residential and commercial properties. This area of law governs the rights and responsibilities of both landlords and tenants in the community. Lakewood follows the broader tenant-landlord laws in the state of Colorado, providing certain rights and protections to tenants while ensuring landlords can manage their properties effectively. Important aspects include lease agreements, security deposits, eviction procedures, property maintenance, and tenant rights.

Why You May Need a Lawyer

There are several situations where you might need the assistance of a lawyer in landlord and tenant matters in Lakewood:

• Disputes over lease agreements such as unclear or unfair terms.
• Unlawful evictions initiated by the landlord without proper notice or cause.
• Negotiating rent increases or lease modifications.
• Issues with the return of security deposits after a tenant vacates the property.
• Habitability concerns, such as a landlord failing to perform necessary repairs.
• Disagreements over property damages or maintenance duties.
• Protection from retaliation by a landlord, especially after a tenant reports safety violations.
• Assistance for landlords in drafting legally sound leases and managing properties within the law.
• Legal guidance for landlords on the proper eviction process to avoid costly legal errors.
• Mediating disputes to avoid litigation, saving time and resources for both parties.

Local Laws Overview

Lakewood adheres to the Colorado state landlord and tenant laws, which include several key provisions:

• Landlords must provide at least 21-days notice when evicting tenants for non-compliance of lease terms, and at least a 3-day notice is typically required for non-payment of rent.
• Security deposits must be returned to tenants within one month, unless otherwise mutually agreed to extend up to 60 days.
• The implied warranty of habitability requires landlords to keep rental properties safe and habitable.
• Rental agreements or disclosures need to be in writing for terms more than one month to avoid misunderstandings.
• Limitations on rent control, as Colorado prohibits local governments from enacting rent control measures on private residential properties.

Frequently Asked Questions

What rights do tenants have in Lakewood, regarding repairs?

Tenants have the right to a habitable living environment. If repairs are needed, tenants should notify the landlord in writing, and the landlord is typically required to make necessary repairs promptly.

Can a landlord enter a tenant's rental unit without notice?

In Colorado, landlords usually need to provide reasonable notice (generally 24 hours) before entering a rental property, unless in cases of emergency.

What should a tenant do if their landlord is not returning their security deposit?

Tenants should request the deposit in writing and, if necessary, may pursue small claims court or legal action to recover the deposit if the landlord does not comply.

How can a tenant legally break a lease in Lakewood?

Tenants may break a lease for several justified reasons, such as uninhabitable conditions or military deployment, but they may need to provide proper notice and documentation.

What is the process for eviction in Lakewood?

Evictions must follow a legal process including a notice to vacate, potentially a court hearing, and only be conducted by law enforcement after a court order is issued.

Are there legal protections against rent increases in Lakewood?

Colorado law does not restrict the amount of rent increase, but landlords must provide proper notice of a rent increase as specified in the lease agreement.

How long after a lease ends does a landlord have to return a security deposit?

In Lakewood, landlords have up to 30 days to return a security deposit unless the lease agreement specifies up to a 60-day period.

Can a tenant withhold rent for landlord's failure to make repairs?

While tenants have the right to request necessary repairs, withholding rent without following the legal procedures can lead to eviction; tenants should seek legal counsel before withholding rent.

What can a landlord do if a tenant refuses to leave after eviction notice?

A landlord must file an eviction lawsuit, and only through a court order can they have law enforcement remove a tenant who refuses to vacate.

Is it possible to negotiate lease terms in Lakewood?

Yes, tenants can negotiate lease terms before signing. It is advisable to get any agreed-upon changes documented in writing within the lease agreement.

Additional Resources

• The Colorado Division of Housing provides useful guidance on tenant rights and landlord responsibilities.
• Rocky Mountain Immigrant Advocacy Network for legal advice regarding housing for immigrants.
• Local Lakewood Tenant-Landlord Councils may offer mediation services for disputes.
• The Colorado Judicial Branch website, for information on handling small claims or eviction proceedings.

Next Steps

If you require legal assistance in landlord and tenant matters, consider the following steps:

• Document all communications and agreements with your landlord or tenant, including requests and responses related to maintenance, rent, and deposits.
• Contact a specialized attorney who handles landlord-tenant law to discuss your situation. Legal consultations can provide clarity on the complexities of your case.
• Explore local legal aid services if you cannot afford private representation. Several organizations offer pro bono assistance or sliding scale fees.
• Engage in mediation or dispute resolution services if appropriate, which may resolve conflicts without the need for court intervention.