When is a Landlord Allowed to Enter Your Home?
What Does the Law Say?
Unfortunately in Colorado there is not many protections for a tenant’s privacy in relation to their landlord. Boulder County and City, along with the State of Colorado, have no statutory language for tenant privacy. However there is an implied covenant of quiet enjoyment that is written into every lease.
The Duty of Quiet Enjoyment
Colorado case law provides that a landlord cannot violate the duty of quiet enjoyment. This duty is defined generally to be “a covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.” This covenant protects tenants rights in principle, yet enforcement is difficult. There are also many legitimate reasons for landlords to come in and inspect the premises.
When Can a Landlord Enter the Premises?
A tenant’s right to privacy is almost entirely subject to the lease. Whatever protections you wish to have relating to your privacy must be negotiated with your landlord at signing.
According to the standard Boulder Housing Lease, a landlord may enter their tenant’s premises, without notice, to:
- Inspect the residence
- Repair damage
- Or show the premises to prospective buyers
The specific language in the Boulder Model Lease is laid out below
“Resident shall permit owner/agent to enter the premises at reasonable times and upon reasonable notice for the purpose of making necessary or convenient repairs or reasonable inspections, or to show the premises to prospective residents, purchasers, or lenders. Entry may be made without prior notice only if owner/agent reasonably believes that an emergency exists, such as a fire or broken water pipe, or that the premises have been abandoned.”
Link: http://ocss.colorado.edu/sites/default/files/imce/BoulderModelLease.pdf
What about the Boulder Housing Code?
The Boulder Housing Code does require that entry be permitted for reasonable repairs which relate to the Code. Therefore, whatever language you negotiate with your landlord for privacy cannot violate this code.
Link: https://bouldercolorado.gov/plan-develop/codes-and-regulations
What Else Can I Do If a Landlord Continues to Invade My Privacy?
First and foremost, you should attempt to resolve the problem by negotiating with your landlord. This is the easiest and most hassle-free way to resolve all landlord-tenant disputes. Perhaps starting with a tactful letter may be the best way to go.
If negotiations break down, then it is time to consult an attorney or request mediation. Mediation services in the City of Boulder can be found here:
https://bouldercolorado.gov/child-youth-family/mediation-program
Finally, DO NOT deny entry of your home to your landlord. If your landlord has similar language in your lease as in the Boulder Model Lease above, then your landlord can immediately start eviction proceedings against you.
Conclusion
I hope this is helpful! Best of luck with your future landlord relationships!
-Joshua JR Bennett
