pot & Meth 1

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.

BedBugs

Bedbug problems illustrate the importance of carefully analyzing resident demands. The focus of this class is to learn how you should analyze the problem and resident demands and the best approach to formulating your response to the resident. Although this pesky problem may seem unique, it is no different than countless other resident 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 residents 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 residents 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.

Mold

Because Mold issues frequently light up the situation board at the Firm due to the fact residents 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 resident mold claims. We also examine how to evaluate your options and make informed decisions regarding legal claims by residents involving mold and weigh what may be the most cost effective resolution for your bottom line.

Security

Security

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.