Landlords can learn a valuable lesson from an Eagle County, Colorado eviction case in which a judge dismissed an attempt to evict a local smokehouse. Montana’s Smokehouse faced eviction after it hosted a private event for a marijuana vending machine company. The lease agreement was at the center of this case.
It’s critical for landlords to have updated lease agreements and know what’s in them.
Get Your Lease Agreement Reviewed by a Lawyer
You could cause yourself time and money if you’re giving tenants dated lease agreements. It’s time to get your lease agreement reviewed if you cannot remember the last time you updated it. Call 303-688-0944 to begin a free case assessment.
Landlord Needed Updated Lease
In 2014, Benchmark Investors LLC began the process to evict Montana’s Smokehouse on the grounds that the marijuana event it hosted breached its lease agreement. The landlord stated the lease doesn’t say the restaurant can hold private events, and the landlord suggested that the marijuana event could damage the property’s reputation.
The judge found that Benchmark’s reputation was not harmed. Further, the judge stated that the landlord never complained about the smokehouse’s previous private events. Therefore, the restaurant “had discretion under the lease to book any lawful private event.”
Landlord Filed Faulty Notice
Ultimately, though, the case findings show Montana’s would have prevailed in court due to a faulty eviction notice.
Colorado law requires landlords to provide three days for a tenant to resolve, or cure, an alleged violation in an eviction notice. Benchmark did not provide an opportunity to cure in their eviction notice. Regardless of any other factors, the eviction notice was faulty and, therefore, defeated.
Hire an Attorney to Review Your Lease Agreement
Our Eviction and Landlord-Tenant Team is made up of experienced attorneys who can assist you with commercial and residential needs, including lease agreement drafting and review. Call 303-688-0944 to begin your free case assessment.