Page 16
— Multifamily Properties Quarterly — July 2015
Legal
I
t is common for a landlord
to rent residences to couples,
whether or not the couples are
married. Under housing dis-
crimination laws, a landlord may
not refuse to rent to a couple because
they are unmarried. Both members of
the couple may sign the lease. It also
is possible for a single tenant to allow
his or her partner to move in.
Couples often have conflicts and
sometimes these conflicts erupt into
violence. The male tenant is often the
perpetrator of the violence and the
female is often the victim, but not
always. Incidents of domestic violence
also have occurred between same-sex
couples.
When violence occurs, the police are
called. If the police believe violence
is in progress, the police may ask the
landlord to let them into the resi-
dence. If the occupants or the landlord
do not unlock the residence door, the
police may feel that it is necessary to
break down the door.While the land-
lord has a duty to protect the privacy
of the tenant, preventing damage to
the property also should be a consid-
eration. Under Colorado Revised Stat-
utes section 16-3-202, a landlord “shall
not be civilly or criminally liable for
any reasonable conduct in aid of the
(police) officer or for any acts expressly
directed by the officer.”Therefore, a
landlord may provide a key and also
may provide the police with identifica-
tion and personal information about
the occupants. The landlord should
ask the police for a copy of the war-
rant or obtain the identity of the offi-
cer making the request.
The landlord may or may not be
notified by the police about the inci-
dent. Sometimes,
the landlord learns
of the occurrence
from a neighbor
who is disturbed by
the conflict. Lan-
guage in the lease
agreement prohibit-
ing behavior that
disturbs other resi-
dents entitles the
landlord to serve a
three-day demand
for compliance or
possession on the
tenants. If another similar incident
occurs that disturbs the neighbors, the
landlord may serve a notice to quit for
repeat violation and require the prob-
lematic tenants to move.
When the police are summoned,
usually violence occurred or was
threatened. Under C.R.S. 13-40-107.5,
a “substantial violation” is a violent
or drug-related felony at or near the
leased premises. If a violent or drug-
related felony has been charged, a
notice to quit for substantial violation
can be served on the tenants, which
requires them to move. If the land-
lord had the tenants sign a crime-free
lease addendum, which makes any
crime a “substantial violation,” then
even if the perpetrator is charged with
a misdemeanor, the landlord will have
grounds to evict. The landlord may
be able to evict only the perpetra-
tor. Courts likely will refuse to evict a
domestic violence victim.
In some cases, the police will arrest
the perpetrator and take that person
into custody. In other cases, the police
will instruct the perpetrator to spend
the night elsewhere to allow the situ-
ation to settle. The landlord should
obtain a copy of the police report to be
used as evidence later, if necessary. A
police incident report may be attached
as an exhibit to the notice to quit for
substantial violation.
A victim of domestic violence may
go to court and obtain a civil protec-
tion order. The court will grant the
request upon the sworn testimony of
the victim of harm or a threat of harm.
The court order will require the perpe-
trator to stay away from the residence,
workplace and school of the victim.
That means the perpetrator will have
to move out of the rented residence.
The landlord should avoid involve-
ment in the victim’s effort to obtain
the protection order. That is not the
landlord’s role, and the landlord likely
will have little direct knowledge of the
events.
If a protection order requires the
perpetrator to move from the resi-
dence, that person may return for per-
sonal property and ask the landlord
for access. The landlord must allow
access because the perpetrator has a
right of access under the lease. How-
ever, access should be granted only
after notice is given to the victim. The
victim should leave the premises and
contact the police. Law enforcement
should be present in order to prevent a
breach of the peace.
In some cases, the victimmust
move elsewhere so that the perpetra-
tor cannot find the victim and cause
more harm. In other cases, the victim
is left in possession of a residence that
is no longer affordable. Colorado law
(C.R.S. 38-12-402) allows the victim to
terminate the lease. In order to do this
the victimmust present the landlord
with a copy of the protection order or
police incident report, notify the land-
lord of intent to terminate the lease
and move, and must actually move
out. The law provides that the victim
will only be liable to the landlord for
one additional month’s rent after the
date on which the residence is sur-
rendered. Further, the victim will have
90 days to pay that additional month’s
rent. The landlord may retain the
security deposit until the additional
month’s rent is paid. However, the
landlord must still provide the written
security deposit accounting within the
time provided in the security deposit
law or lease, no more than 60 days.
If both members of the couple have
signed the lease, then the perpetrator
has a right to retain possession of the
residence. If he is required to move out
while the victim remained in posses-
sion, he may move back in after the
victim has moved elsewhere. If the
landlord had no basis to terminate
his occupancy, then the landlord may
have no choice but to let him resume
his tenancy. However, most often the
perpetrator has no interest in return-
ing to the residence.
If the victim has left and the perpe-
trator has not returned, the landlord
is left with an empty residence. The
landlord still must account in writ-
ing for the use of the security deposit.
When a balance remains due to the
landlord, if the victim has complied
with the statute allowing termina-
tion of the lease, the victim is released
from further liability. However, the
lease remains enforceable against the
perpetrator and he may be sued for
any monetary lease obligations that
have not been paid.
s
Phil Klass
Attorney, Klass
Law Group,
Lakewood
