Can renters clam rights over a condemned property?

UPDATED: Oct 1, 2022

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Can renters clam rights over a condemned property?

Hi we had a rental property that the tenets
installed a fireplace them selfs and ended up
lighting the property on fire. It was
condemned by regional building we were told
by them that nobody could enter the property
and to lock everything up. My current issue
is the tenets that were staying there keep
breaking into the property saying we have no
right to lock them out even though it was
condemned. So I have a couple questions one
wouldn’t the condemnation over rule and
rental or lease agreements? Since there is no
longer a safe home to occupy. Also what kind
of legal actions can we take against them for
entering the property. Do you have any other
advice for our situation? This took place in
pueblo colorado.

Asked on January 4, 2018 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) Once condemned, you *cannot* rent it out, so the lease is terminated by law. Therefore, they have no right to occupancy.
2) Since they are no longer tenants, you can remove them by a legal action commonly called an action "for ejectment"--it's how you remove non-tenants occupying your space. A landlord-tenant attorney should know  how to do this.
3) Once they are removed, if they try to go back in, contact the police and press charges for trespassing.
4) If you think they have money, you could sue them for the damage they did (any amounts or costs not paid by insurance).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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