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Brian Jackson
  • Louisville, KY
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Landlord access to rental property

Brian Jackson
  • Louisville, KY
Posted Apr 27 2017, 05:22

I have been doing some research on the Tenant/Landlord statues for the state of Colorado and am I to believe there are no statutes regarding notice of access?  I've seen for some other states there are statutes that mandate a certain amount of notice, while some others just say "reasonable notice."  However, nothing for Colorado at all.  Perhaps there are some Denver city/county laws regarding this?

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Jessie Tetreault
  • Investor
  • Enfield , Connecticut
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Jessie Tetreault
  • Investor
  • Enfield , Connecticut
Replied Apr 27 2017, 05:37

@Brian Jackson I was curious about this and looked it up online and this was what I found on the link below. Hope this helps.

https://portal.hud.gov/hudportal/HUD?src=/states/c...

Privacy

While not required by statute, reasonable notice by the landlord for access to the rental property

should be addressed in the lease. A commonly used privacy clause allows a landlord access to the

rental property at reasonable times and with reasonable notice to the tenant to make necessary repairs

or reasonable inspections. Additionally, a landlord has the right to enter a rental unit without notice in

emergencies. (An example of an emergency might be an apartment flooding after the hot water heater

breaks.) If a lease does not include a written clause specifying when the landlord can enter a

rental property, a tenant has exclusive use of the property and does not have to allow the landlord

access. However, if a tenant refuses to allow the landlord entry, the tenant assumes all liability for

damages and repairs to the rental unit, as well as consequential damage to other units.

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Tyler Howell
  • Property Manager
  • Denver, CO
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Tyler Howell
  • Property Manager
  • Denver, CO
Replied Apr 28 2017, 09:00

@Brian Jackson Both CO and city/county of Denver use the term "reasonable". Here are the Denver regulations:

Sec. 27-26. - Inspections.

(1)

For the purpose of determining compliance with the provisions of this article, the manager or an authorized representative is hereby authorized and directed to make inspections to determine the condition, use, and occupancy of dwellings, dwelling units, rooming units, and the premises upon which the same are located. For the purpose of making such inspections the manager or an authorized representative is hereby authorized to request entry to examine, inspect and survey all dwellings, dwelling units, rooming units and premises upon which the same are located, at all reasonable times.

(2)

If the owner, occupant or operator in charge of a dwelling, dwelling unit, rooming unit and premises upon which the same are located subject to the provisions of this article and the rules and regulations adopted and promulgated in connection herewith, refuses or restricts entry and free access to every part of the structure or premises wherein inspection is sought, the manager or an authorized representative may seek from the county court a warrant for inspection and order that such owner, occupant or operator be required to permit an inspection at a reasonable time without interference, restriction or obstruction. The county court shall have jurisdiction and authority to issue warrants for inspection and order the owner, occupant or operator to allow entry and free access into all buildings, dwellings, dwelling units, rooming units and the premises upon which the same are located. The court shall have full power, jurisdiction and authority to enforce all orders issued under the provisions of this article.

(3)

It is unlawful for any person to violate the provisions of any warrant for inspection and order issued under the provisions of this article.

(4)

It is unlawful for any person, owner, operator or occupant to refuse to allow or permit the manager or an authorized representative free access to any building, dwelling, dwelling unit, rooming unit and premises upon which the same are located when the manager or an authorized representative is acting in compliance with a warrant for inspection and order issued by the county court and where the manager or an authorized representative is conducting an inspection, examination and survey in accordance with the provisions of this article or any rule and regulation adopted and promulgated in accordance with the provisions of this article.

(Ord. No. 997-95, § 1, 12-4-95; Ord. No. 500, § 12, 9-17-07)

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Bryan O.
  • Specialist
  • Lakewood, CO
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Bryan O.
  • Specialist
  • Lakewood, CO
Replied Apr 28 2017, 18:55

Basically, just put what you want in your lease and make it "reasonable".