Enforced Tenant Occupancy Limits With Stipulation Agreement

Many Colorado landlords pride themselves on being flexible and understanding, especially when a tenant has family visiting for the holidays. However, that goodwill inevitably wears thin when short-term guests become permanent fixtures, violating the lease. 

A local landlord we worked with was in this exact predicament when a tenant’s holiday visitors stayed for more than three months. Three unauthorized adults had effectively moved into a space intended for a single tenant, breaking the lease’s rules on occupant limits and subletting. To make matters worse, the landlord discovered that the unauthorized tenants were using marijuana on the property, directly violating a clause that follows the federal Controlled Substances Act.  

The landlord repeatedly asked the tenant to have the guests leave, but the requests were ignored. At that point, the landlord contacted Robinson & Henry for professional guidance. Our landlord-tenant attorneys prepared and delivered a Demand for Compliance or Possession letter, as required by C.R.S. 13-40-106. This notice provided a clear, 10-day ultimatum: remove the unauthorized occupants and cease all marijuana use, or be evicted. 

The tenant became more cooperative upon receiving the demand letter. Facing an eviction lawsuit and the associated financial burdens, the tenant agreed to negotiate. Our attorneys created a detailed stipulation agreement that protected our client’s rights and set a clear timeline for compliance. Both sides signed the agreement, resolving the dispute and returning the property to its intended use, much to everyone’s relief.