Basic Fair Housing Workshop
The primary focus of this workshop is on the principles of Fair Housing, in particular, how to conduct business in accordance with fair housing and civil rights laws. After taking this class, participants will know how to properly deal with the issues concerning both prospective and current tenants. Fair Housing law is founded on ethics and treating all people equally. The class covers different protected classes (such as race, religion, sex, etc.) and their rights when renting to them. When it comes to Fair Housing, the Firm deals with more disabled tenant cases than any other issue. Learn the difference between a reasonable accommodation and modification, and how to handle these requests from disabled tenants. In particular, attendees will explore complicated issues such as companion animal and handicapped parking requests.
Advertising your rentals is critical for your bottom line and is conducted in some form by every employee on your property. Learn what you can and cannot say about your property and current tenants to prospective tenants. Protect yourself by learning the do’s and don’ts of the application and signing process, including the hidden pitfalls of steering or asking illegal questions. Discover the best way of handling maintenance requests to keep you out of legal turmoil.
This class is ideal for those who are new to the property management industry or those who just need to brush up on their fair housing skills. Fines for a first fair housing offense may cost a property up to $10,000! It is important to know that the nuances of Fair Housing laws are constantly evolving and changing due to new case law . Educating employees for FREE, as part of the value-added services we provide to clients while reducing the risk of costly Fair Housing litigation is something that is invaluable for all property owners and managers.
View our full calendar of events and register for the next Basic Fair Housing workshop at thslawfirm.com/events.
Advanced Fair Housing Workshop
The focus in the Advanced Fair Housing class is to go beyond the protected classes and examine all facets of the requirements and subtle nuances of Fair Housing Laws. Emphasis is on the complex areas of Accommodation and Modification, Disabilities-Permanent & Temporary, Tenant Retaliation, and Dealing with Complaints. We address all the areas that these issues can impact and the repercussions of not knowing what to do and/or how to do it. We also deal with Risk Analysis and how to evaluate your risks when handling these issues.
The class features extensive testing on real case scenarios that have occurred involving the accommodation and modification requirements under Fair Housing–how they were handled and how they should be handled. Attendees learn what the distinction is between accommodation and modification and who has the financial responsibility to pay for these requests. Workshop participants are challenged to know the differences between accommodation and modification and develop an understanding that even something like “landlord fees” can be challenged in specific instances as a mandated reasonable accommodation. We present the distinction in the law between an assistive animal and a companion animal and how to handle these requests in order not to run into a Fair Housing violation.
We discuss and explore what can happen if a Fair Housing complaint is filed against you and what your liabilities could be as well as what to do if you receive a notice from the CCRD (Colorado Civil Rights Division) or HUD.
The area of Advanced Fair Housing is far more complex and nuanced than learning Basic Fair Housing, the protected classes and the intent of the law. Participants should have attended a Basic Fair Housing Class or have extensive practical knowledge and experience in Basic Fair Housing prior to enrolling in this class.
Advanced Non-Monetary Evictions Workshop
The Non-Monetary Evictions workshop explores the eviction process for matters more complex than non-payment of rent. Participants are encouraged to attend the Basic Evictions class prior to attending the Non-Monetary Evictions workshop, as this class will build from the foundation of the basic eviction process and its notices. Participants learn that Non-Monetary Evictions are not as common as Evictions for Non-Payment and are based on different grounds, rights and statutory authority
This class clarifies and defines the four basic categories of Non-Monetary Evictions. (Non-Compliance, Subsequent Violation, Substantial Violation, Notice to Quit) Learn how each category is different and why each requires a different type of notice and develop an understanding of what each notice is “telling the tenant.” Learning these distinctions is an important step in determining the best offense against a tenant’s defense. The class covers real case scenarios involving Non-Monetary Evictions and the differences in how they were handled correctly or incorrectly. And, how doing it wrong can delay removing the tenant from your property.
Difficulties arise in Non-Compliance Evictions when there is uncertainty about when to serve a tenant and why. How to put the case together and when to serve more than one notice is critical information for a multi-family housing professional. How property managers should respond to tenants that act in violation of the rules set forth by their leases is covered in depth. Using the appropriate notice is critical to your eviction case. Learn the differences between notices for subsequent violations, substantial violations, and lease terminations, and when/how to properly use them.
Discover that the most effective way to win eviction trials is to have a foolproof lease. This class will cover certain legal language and addendums that will ensure that your lease has you and your property protected from every angle. The ever-developing domestic violence laws and their connection with Evictions will also be explored.
In addition to the workbook, all class participants will receive copies and examples of the various notices, writs, and stipulations that the Firm encourages property managers to use. Attendees will also receive pertinent articles written by Firm attorneys that help to simplify the most common and complex Non-Monetary Eviction matters.
Basic Evictions Workshop
The primary focus of this workshop is on the Basic Residential Eviction action of Eviction for Non-Payment of Rent. Emphasis is on and examples presented to demonstrate the importance of using the legally correct notice to eliminate any defense against the eviction action. The class covers the key issues in drafting notices and the common mistakes that can and are frequently made in filling out and serving the notice, which result in defective service and delay in eviction.
What are the dos and don’ts of service? The goal is to develop an understanding of the complete Eviction Flow Process not just filing out notices. Is a three day notice really three days? How and what days do you count? Technical defenses most often used by tenants including tender, waiver, and partial payments, plus, how to deal with them.
Lease language that works or doesn’t work. What do the different types of notices mean, what do they tell a tenant, and when should you serve more than one notice? What are the grounds for different types of Evictions and their corresponding notices? Notice to comply vs. notice to quit. When does a tenant have the right to cure and when not? Information covered includes the ordering and handling of Writs and the use of Stipulations in the Eviction Process. We will also address some basic issues that arise in subsidized housing evictions. Abandonment of the property and tenant liability are discussed as well as the issue of possession of the property by judgment. Non-monetary evictions (evictions for cause) are broadly addressed including compliance, subsequent and substantial violations as well as lease termination. However, it is strongly recommended that clients follow up training in Basic Evictions with attendance at our Advanced Non-Monetary Eviction Class to clearly understand the eviction process and correct notices for evicting tenants for cause as this is a more complicated area of eviction legal procedures. Participants receive a workbook that includes the material covered and copies of correct Eviction Notices, Writs & Stips, and other key topics of interest to multi-family housing professionals.
Subsidized Housing Evictions Bootcamp
Subsidized Evictions can be a time consuming process, a bad notice can set you back significantly. This class will focus primarily on Basic Subsidized Evictions, with a heavy emphasis on notice drafting. Drafting the correct notice is imperative to winning your eviction, and the building block to handling subsidized evictions. The class covers the key issues in drafting notices and the common mistakes made in filling out and serving the notice which result in defective service and delay in eviction. The class will cover both Colorado notices and federal notices.
We will also focus on the different types of eviction cases: rent, compliance, subsequent evictions, and substantial evictions.The class covers common mistakes made in filling out and serving the notice which result in defective service and delay in eviction. Technical defenses most often used by tenant including tender, waiver, and partial payments, plus, how to deal with them. When does a tenant have the right to cure and when not? Information covered includes the ordering and handling of Writs and the use of Stipulations in the Eviction Process. The Firm strongly recommends that all properties that deal with subsidized housing tenants have all members of their staffs attend this class.
Participants receive a workbook that includes the material covered and copies of correct Eviction Notices, and other key topics of interest to multi-family housing professionals. Attendees will also receive a Certificate of Completion for the course.
Real Estate Commission Compliance Workshop
The recent changes in the enforcement of real estate law have caused concern among many property owners and managers. The Firm has designed this workshop to clarify the requirements of the Real Estate Commission as they relate to your property and employees. Class participants will learn the definition of a real estate broker, as well as who on the property is required to possess a real estate broker’s license. Learn who qualifies for exemption from these laws. This class will outline the do’s and don’ts of onsite managers in relation to real estate commission compliance. Many types of property management exist in the multi-family housing industry. After attending this class, participants will know the difference between owner, hybrid, and fee management, as well as REITs, joint ventures, and hands-on ownership.
Discover the surprising employee compensation regulations that many property managers are unaware they are violating, as well as creative and legal ways to counter them. Onsite personnel will learn the proper way to execute leases. The class also details how brokers are to appropriately proceed with their day-to-day tasks, such as dealing with prospective tenants and handling security deposits.
After attending this class, property owners and managers should know how to comply with real estate commission regulations in hopes of avoiding an audit. All class participants will receive crucial forms and documents relating to real estate commission law.
Marijuana & Meth
Because the Firm recognizes that Colorado legalization of the recreational use of marijuana will have some impact on the rental industry we have created a class designed to educate our clients about the problems associated with both marijuana (pot) and methamphetamine (meth) issues on your properties. Even though the legal impact on landlord rights is minimal when it comes to marijuana, being informed and prepared is always the best course of action when it comes to legal risk associated with anything on your property.
This workshop focuses on why landlords should review rental criteria, lease documents, and marijuana policies to ensure your policies are clear. Residential landlords are primarily affected by the use and possession component of the law legalizing marijuana and we explain how it effects you and why you need to know. We also cover the fact that landlords should anticipate a significant increase of marijuana related reasonable accommodation requests. Similar to medical marijuana related disability reasonable accommodation requests, and why it is important to educate your onsite teams about company policy, and be properly trained on how to handle such requests.
Landlords should adopt both a medical marijuana policy and a recreational marijuana policy. Under Colorado law, a landlord has the right to terminate a tenant’s right to possession for non-monetary lease violations if the right to terminate is set forth in the lease. This class addresses the importance of having an appropriate Crime and Drug Free Lease Addendum.
Meth labs have been a growing problem throughout Colorado. This class is designed to inform and educate property managers on what they need to know and what they need to look out for in identifying a meth lab on your property. We cover the steps you need to take if you discover a meth lab, because failure to disclose or clean up meth lab activity correctly can lead to significant legal liability. Meth lab cleanups are complicated and costly. Many insurance policies may not cover meth lab cleanups and we discuss how, given the significant costs, why you should review your insurance policy to make sure that meth lab cleanup costs associated with this type of incident on your property are covered. Meth lab laws are always evolving and it is important to stay informed on how to deal with the issues associated with meth on a property.
Bedbug problems illustrate the importance of carefully analyzing tenant demands. The focus of this class is to learn how you should analyze the problem and tenant demands and the best approach to formulating your response to the tenant. Although this pesky problem may seem unique, it is no different than countless other tenant demands.
We demonstrate how to evaluate your potential legal liability and show how your lease, as well as Colorado statutes may make you responsible and may also make you liable to tenants for bedbugs. The class discusses how the Colorado Premises Liability Act holds you responsible for bedbugs if you fail to exercise reasonable care to protect tenants against bedbugs. And, that the Warranty of Habitability statute also makes you responsible for bedbugs if you fail to have an appropriate extermination response to bedbug infestations. Both of these statutes can impose liability for failing to reasonably act. We examine the financial downside of dealing with a bedbug problem on your property including the cost of litigation and how to evaluate how much it will cost to defend a bedbug claim.
The Firm is committed to providing our clients with all of the information necessary to make informed decisions in dealing with issues on your property and believes that when clients understand litigation analysis on problems like bedbug infestations, you are in a much stronger position to make sound decisions about applicable risks and costs.
Because Mold issues frequently light up the situation board at the Firm due to the fact tenants have a tendency to get hysterical over any situation involving mold based on media hype regarding mold related health issues on the internet and in the media. The fact is that Mold is everywhere and makes up twenty-five percent of earth’s biomass and if mold were extremely toxic, serious mold related illnesses would be an everyday occurrence. Facts do not mitigate popularly held beliefs about mold and rental property owners and managers have to accept the reality that mold claims on your property are inevitable. This workshop is designed to provide you with the information you need to know about Mold and how to deal with the issue of Mold when it arises.
Although your lease documents and procedures will not prevent mold claims we demonstrate how, with the appropriate lease and policies you can do the most that is possible to minimize the impact of mold claims on your property. Unfortunately, too many leases either do not address this issue, or are ambiguous. Through presentation of real case scenarios of mold claims against landlords we show why you need and it is necessary for you to have effective lease provisions and policies to deal with tenant mold claims. We also examine how to evaluate your options and make informed decisions regarding legal claims by tenants involving mold and weigh what may be the most cost effective resolution for your bottom line.
Landlord-tenant law creates rights and responsibilities for both parties to a rental contract. Does the landlord have a responsibility to protect tenants against exposure to criminal activities? As is so often the case, the answer is yes and no.
Management is required to do whatever a court determines a reasonable manager would do under “like and similar circumstances.” Judges and juries look at standards in the industry (which have a tendency to change) in order to determine what is reasonable. It would not be reasonable to think that management could protect every tenant from criminal activities at all times.
This class focuses on the legal aspects of security at your property. “Premises security liability” is the general term covering the legal concept of providing adequate and sufficient security at any given place as well as the basic concept—usually along with negligence—under which lawsuits are brought against places that fail to provide adequate and sufficient security. “Adequacy of security” has been consistently defined to mean that owners have an obligation to provide adequate and appropriate protection for their tenants.
Traditionally, the connotation of the word “security” has been “insecurity,” focusing generally on criminals and crime. However, security concerns itself with more than the effective deterrence of criminal acts; a security system built simply on deterrence cannot be successful. Security involves more than planning for and developing a system whereby perpetrators of criminal acts are screened out or apprehended after the fact. Successful tenant security is achieved through sound planning and development of strategies which address both the individuals right to be free from criminal victimization and his or her psychological need to feel secure.
This workshop examines both the problems and solutions in providing appropriate security on you property. We identify management’s role in security and how it must operate within a comprehensive frame work — one which seeks to address all the problems stemming from crime and vandalism and which also takes in to account the complex interrelationships between problems and remedies.
Legislative Issues Impacting the Rental Industry
This workshop is presented to clients whenever there is a proposed or major change that occurs in local, state or federal laws, which impact the rental industry. It is designed to, not only inform, but to educate clients on the impact that the legislation has on them and how to adjust their leases, policies and procedures that they have in place that will not be compliant or even conflict with the new law. Although, we keep clients current with our legislative alerts in the Resource section of our website as they occur, this class informs clients about what actions they must take to be in compliance with changes in existing and new laws.