Managing a rental property is no easy feat and is certainly not without its questions and concerns. Things happen, whether a tenant fails to pay rent, or a situation escalates to an eviction; there is no limit to the questions that arise while renting out your home. So with the help of Tschetter, Hamrick, and Sulzer Law Firm, we’ve answered some questions that property owners might have involving tenants, drugs and property access.
1) I heard that if a tenant is using drugs on a property, the landlord can be charged on a drug charge. Is this true?
A) A landlord can be cited for maintaining a drug-related nuisance if he or she does not take reasonable steps to remove the illegal drug activity from the property. The local enforcement agency must first advise the landlord of the nuisance. This should then be promptly reviewed with your attorney.
2) I have tenants whose lease ends at the end of this month. Can I begin to show prospective tenants the unit while my current tenants are still under a lease?
A) You may show the property to prospective tenants during the lease if your lease allows it. Most leases would allow access upon reasonable written notice of intent to enter and the entry is done during normal business hours.
3) If someone says we cannot enter his unit unless he is present, what would happen if we entered anyway? Could he sue us?
A) A court may consider this a violation of the right of the tenant’s privacy and allow for statutory and actual damages as well as a restraining order. The tenant may also claim broken or missing items. However, if your lease provides for a right of access, which Real Property Management Colorado leases do, and you are accessing the property for a legitimate repair, a Court may be reluctant to award the tenant damages.
Content provided by Tschetter, Hamrick, Sulzer Law Firm; serving Denver and Colorado Springs with all landlord- and eviction-related legal matters. For more questions and answers, check out their website at http://www.thslawfirm.com/