Landlord-tenant Disputes
| Publication year | 1975 |
| Pages | 643 |
| Citation | Vol. 4 No. 4 Pg. 643 |
1975, April, Pg. 643. Landlord-Tenant Disputes
The landlord-tenant relationship is as easy to create as the marriage relationship and in many instances just as difficult to dissolve. Despite the intensity of the courtship and the honeymoon, it is not uncommon for either or both parties to become disillusioned and ultimately bitter antagonists. This article has been written for the practitioner who must placate a regular client or friend who has been "victimized" by either a landlord or tenant.
The legal relationship existing between the landlord and tenant is contractual in nature.(fn1) It is initiated by an agreement or understanding, which may or may not be reduced to writing.(fn2) The terms thereof govern the course of conduct between the landlord and tenant, as do the statutes, and must be looked to in settling landlordtenant disputes.
The rights of the landlord and tenant are controlled by the written agreement or lease and are not dependent upon general rules applicable in the absence of such express agreement.(fn3) A lease, like other contracts, is to be reasonably interpreted according to the apparent intention of the parties.(fn4) If there is doubt concerning the proper construction of a clause in a lease, the clause will be construed in favor of the party for whose protection it was inserted.(fn5) If an inconsistency exists between the printed provisions of a lease and those that have been written or typed in a printed form, the written or typed portions will prevail.(fn6)
To create a valid lease agreement, there must be (1) a definite agreement as to the extent and bounds of the property leased, (2) a definite and agreed term, (3) a definite and agreed price of rental, and (4) a definite and agreed time and manner of payment.(fn7) A letter from a tenant to a landlord setting forth the terms of the proposed lease, including a description of the property to be leased, a definite term, a definite price of rental, and the time and manner of payment, which was accepted by the landlord, has been deemed adequate as a lease agreement.(fn8)
Signatures of the landlord and tenant are normally required and always recommended. However, the signature of a tenant to a written lease is unnecessary if the tenant in reliance upon the lease goes into possession and performs substantial work on the leased premises.(fn9) The Colorado Court of Appeals long ago held that where a tenant takes possession of and occupies the leased premises, the fact that neither party has
There is no statutory requirement in Colorado that leases be recorded.(fn11) The tenant's possession normally constitutes constructive notice to the world. However, it is not an uncommon practice, depending upon the duration and importance of the lease, to record the lease agreement or a memorandum thereof in order to give actual notice.
Where premises are leased, the landlord is entitled to both the rents and the reversion.(fn12) If the leased premises are subsequently conveyed, the reversion of the landlord passes to the grantee(fn13) and the rights to rents thereafter accruing pass to the grantee.(fn14)
Unless restricted by the terms of the lease, the tenant has the right to assign the lease or sublet the premises.(fn15) The difference between an assignment and a sublease is important since an assignee becomes liable to the original lessor for the rent whereas a sublessee is liable only to the original lessee.(fn16) Neither the assignment nor the subletting, of course, releases the tenant from liability under the terms of the original lease.(fn17)
A lease may be terminated by: (1) expiration of the agreed term; (2) demand for possession as required under C.R.S. 1973, § 13-40-104; (3) notice to quit as required under C.R.S. 1973, § 13-40-107; (4) release by one or both parties; (5) merger of estates as where tenant purchases the leased premises; (6) surrender of the leased premises by the tenant and acceptance thereof by the landlord; (7) declaration of forfeiture upon either the landlord's or tenant's breach of the lease; (8) condemnation; (9) foreclosure of a prior recorded mortgage or lien; and (10) destruction of the subject matter of the lease under certain conditions.
There are four types of tenancies recognized in Colorado. They are categorized according to the period of duration of the estate created. A tenancy for years is a tenancy of definite duration whether it be one year, a fraction of a year, or a number of years. The tenancy terminates on the last day of the term of the lease. A periodic tenancy is a tenancy of indefinite duration wherein the rental period is for a specified time such as year to year (yearly rental), month to month (monthly rental), or week to week (weekly rental). A tenancy at will is a tenancy without any fixed term. By statute in Colorado, any tenant in possession with the assent of the landlord "is presumed to be a tenant at will until the contrary is shown."(fn18) A tenancy at sufferance is a tenancy wherein the tenant continues in possession of the premises after expiration of the term of the tenancy without permission of the landlord. Such a tenant is termed a "holdover" tenant. The landlord may, at his option, treat the holdover tenant as a trespasser, or waive the wrong of holding over and treat him as a tenant for the term and under the conditions of the previous lease.(fn19)
In the absence of agreement to the contrary, there is an implied covenant for the quiet enjoyment of the leased premises and the tenant is entitled to the possession of the premises to the exclusion of the landlord.(fn20) Any disturbance of the tenant's possession by the landlord which renders the premises unfit for occupancy for the purposes for which they were leased, or which deprives the tenant of the
Re-entry or any willful act by the landlord which materially disturbs the possession of the tenant (e.g., changing the locks) has been held to constitute eviction and thus terminate the lease.(fn23) The usual measure of damages to the tenant in such cases is the rental value of the unexpired term of the lease, less rent reserved, together with other losses which are "the actual, natural, direct and proximate result of the wrongful eviction."(fn24)
Termination of the lease agreement or eviction of the tenant by the landlord relieves the tenant from all liabilities accruing in the future, including rent, except where the parties, by express agreement, have contracted to the contrary.(fn25)
As previously stated, in the absence of agreement to the contrary, the landlord surrenders both possession and control of the premises to the tenant, retaining only a right of reversion upon the termination of the tenancy. Thus, during the period of tenancy, the landlord has no right to enter the premises without permission of the tenant except for the purposes of (1) demanding payment of rent, (2) asserting the landlord's lien, or (3) making emergency repairs. If he does so intentionally, he is liable civilly for any and all damages resulting therefrom and criminally for either first,(fn26) second(fn27) or third(fn28) degree criminal trespass depending upon the type of premises involved. A mere trespass by a landlord does not amount to constructive eviction although it may be accompanied by such acts and committed under such circumstances as to be equivalent thereto.(fn29) The trespass must be such as to effectually deprive the tenant of the use and benefit of all or some part of the premises.(fn30) Although such acts may constitute a constructive eviction, the tenant may not desire to terminate the lease. Accordingly, another civil remedy may include the obtaining of a writ of injunction to enjoin the threatened, continuous, or repeated acts of trespass from the landlord.
The tenant after discovery of the existence of a defect in his landlord's title which affects his interest (e.g., the existence of a prior option to lease the demised premises) may (1) rescind the lease, (2) stand on the lease and sue for damages, or (3) demand removal of the defect.(fn31) Where the defect is not removed within a reasonable time after demand, the tenant may still rescind and cancel the lease.(fn32) It is to be kept in mind that even though a tenant rescinds and cancels the lease, he is not prevented from also suing for damages caused by such breach.(fn33)
The duty to repair defective leased premises does not devolve on the landlord when the lease is silent as to covenants to repair and as to warranting the condition of the leased premises, even if the landlord has gratuitously promised to repair a defect and has attempted to do so.(fn34) However, where the landlord falsely represents to a prospective tenant that the plumbing, for example, is perfect and that there is no sewer gas on the premises, and the tenant enters into a lease in reliance thereon, the tenant may on discovery of such...
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