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when does a guest become a tenant in colorado
Inviting the tenant to add the guest to the lease agreement after the guest passes a screening. The Guest is Using the Unit's Mailing Address. 2. Click or touch this button to go to the COBAR YouTube page. You can offer the option to amend the lease, as outlined in your guest policy and get the opportunity to renew the lease at a higher rate and for a longer term. What do all these people have in common is that they come for a defined period of time and always leave by the expected date. One way to make this clear is tell all friends and relatives that may be present that you want the guest to leave. Depending on the state, courts may use other factors to determine whether someone is actually a tenant. Included utilities like water are also an issue. You have to live in a hotel or motel for 30 days or more to be considered a tenant. College students who dropped out of school and arent returning after a break. The smartest step would be to draw the line between guests, long-term visitors, and unofficial tenants and to indicate tenant rights in regards to each group. Therefore, if you try to evict the guest, or the tenants who brought in the guest, youll end up with an uphill legal battle involving landlord-tenant law because of the rights theyve gained in paying you. A landlord usually requires a similar payment due at a specified time every month. A guest does not pay rent and is not on the lease. If its too late and your long-term guests are already unpacking, dont try to hide this fact and pretend theyre only here for one day. Firefighters arrive and prevent the worst. Unless youre the least friendly person on the planet, every now and then you invite guests to your place or become a guest yourself. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The court will look at the amount of evidence that shows the landlord and guest acknowledged the existence of an unwritten arrangement for the space. As there is no federal or state law indicating the optimal length of tenant guest visits, landlords and tenants should get the upper hand and negotiate the terms before shaking their hands in agreement. For example, if a tenant created a hole in the floor but did not tell the landlord, only the tenant would be liable if their guest was injured. If a tenant invites a guest to stay over without the landlord permission where is that guest supposed to sleep? That means hoteliers can take actions to remove a guest if the situation warrants it without needing to follow their states eviction process they would if trying to remove a tenant. 4. For example, if a landlord accepts money or another kind of compensation from a guest for their stay, the guest automatically earns the rights of a tenant. And keep in mind that as long as the names of your long-term guests are not on the lease, youre the only person liable for everything that might happen to a rental property. Colorado Criminal Law - Will The Judge Accept Our Plea Bargain - Plea Deal? Further, SB 21-173 amended the CRS 38-12-101 legislative declaration by stating that the late fee amendments are to be liberally construed to protect the interests of tenants, mobile home owners, and landlords.. Hoteliers can use the unlawful detainer process in court to reclaim a guestroom through eviction, Kravetz said. }LEu-yLj(Cf3^YAw"B*Sl"}#CIHI3 Just how normal is that to invite people into a property thats not yours? Police officers have careers they wish to protect. (5) Except as otherwise provided in section 38-33-112, C.R.S ., the provisions of subsections (1) and (4) of this section shall not apply to the termination of a residential tenancy during the ninety-day period provided for in said section. The connection, As a landlord, tenant retention is very important because its one of the easiest ways to maintain a stream of income from. Denver Colorado Violent Crimes Defense Lawyer - Attorney - H. Michael Steinberg, Colorado Criminal Law - Audio Recordings And Text Messages Will Hurt You At Trial. If the guest is receiving letters, packages, or magazine subscriptions, then they are no longer guests, they have become a tenant. If you are forced to follow the Colorado eviction process, believe it or not, your unwanted guest may have at least three days to vacate your home and if your guest STILL refuses to vacate the premises, then you may be forced to go to court and file a Summons and Complaint in a Forcible Entry and Unlawful Detainer action at the county courthouse to seek, and hopefully receive, receive a Court Order for your guest to leave. paying rent on time, compliance with laws, appropriately caring for the property, etc.). College students visiting for a weekend or spring/winter breaks, but who always return to school. It doesnt mean there should not be some wiggle room, but its always better if the terms of guest visits are agreed upon and documented before tenants move in. The code is set by state law, so the details can vary by state. You have reached your maximum number of free articles. A boyfriend or girlfriend, or just a friend, who stays a few nights a month or visits frequently during the daytime. The court retains jurisdiction until the repairs are completed. Again, its essential (and an industry best practice) for any adult occupant living in the property to be on the lease. The answer must contain all defenses. She holds a masters degree in strategic management, and you can find her articles in such publications as Yahoo! However, the police have no way of discerning whether your guest is a trespasser or a tenant and may refuse to remove the person. A landlords failure to cure gives the tenant or mobile homeowner the right to initiate a civil action for injunctive relief. If this is something you're okay with, be sure to create and have them sign a long-term guest agreement. So may the common sense and the table below be your reference point. In some states, squatters may stay as little as 30 days to be considered a tenant of the property, even if they have not signed a rental agreement. The starting point in considering whether a guest may be legally considered a tenant is to determine what defines a "tenant." Minnesota law defines a residential tenant as "a person who is occupying a dwelling in a residential building under a lease or contract, whether oral or written, that requires the payment of money or exchange of services, all other regular occupants of that . She covers topics such as landlord-tenant laws, tips and advice for renters, investment opportunities in various cities, and more. The process to have them evicted could be expensive, lengthy and time-consuming. If the landlord accepts the guest for their stay, If the guest helps with chores and housework, Renting without a lease turns a guest into a tenant at will, After 10 days to two weeks within six months, When a guest pays rent to stay at the property, A guest who lives in the home with the landlords permission, Exchange of rent or services for a place to live, A guest who stays on the property for more than two weeks within 12 months, A guest who surpasses a temporary period as described in the rental lease agreement, If not defined in the rental agreement, then after seven days, unless the landlord extends the period with written consent, Paying money to the landlord in exchange for inhabitation of the property, After paying rent in exchange for occupying the rental, After a set amount of days as defined in the lease agreement, If the guest contributes to the rent, expenses, or utilities, If the guest uses your property as their mailing address. HB 21-1121 and SB 21-173 have changed the landlord-tenant landscape in Colorado. Being considered a tenant gives someone more legal protections, creating a number of challenges for hoteliers, including having to go through eviction proceedings to remove the guest. The difference between a tenant and a guest is that a landlord is aware and has allowed the tenant to live on the property, and in exchange, the tenant has to pay rent to the landlord. It is crucial for any adult occupant living in the unit to be on the lease. HB 21-1121 and SB 21-173 made significant changes to the eviction process affecting both pleadings and court proceedings. receiving mail or putting the property address on their ID or license. Otherwise, your option is to serve the tenant with a violation notice and threaten to terminate the agreement with eviction. Landlords, homeowners and renters cannot simply forcibly remove tenants as trespassers. In most basic terms, a tenant is the person (or people) who pay rent to live on your property. Many hotels made deals with colleges and universities to house students off-campus during the academic year. Many jurisdictions set a 30-day time frame, so if a guest stays past that threshold, they would be considered a tenant. The contents of this article are based upon my research, my personal experience and my personal analysis and opinions developed from my thirty six years (as of 2018) of criminal trial experience from both sides of the courtroom as a former career prosecutor for Arapahoe and Douglas Counties (13 years) and as the owner of my own Criminal Defense Law Firm since 1999 (19 years). For instance, you can set a limit to no more than 15 days in any six-month period and demand an official approval for all stays that are longer than that. The 10 days may be extended for good cause but not if the FED action is based on a substantial violation as defined in CRS 13-40-107.5 or for termination of a tenancy under CRS 38-12-203. Landlord may also increase the rent at any such time that a new tenant is added to the lease or premise. Click or touch this button to go to the COBAR Twitter page. In most leasing agreements, it's stated that a guest is allowed to stay for 10- 14 days in a six-month period, or approximately 5 days to a week at a time. If there are two bedrooms, but youre fine with having tenants share a room, you can state the maximum occupants as three. By H. Michael Steinberg Colorado Criminal Violent Crimes Defense Lawyer Attorney. In Texas a guest needs to prove, through things they did or didn't do, that they were authorized to live in a rental unit if they want to be classified as a tenant. When does a guest become a tenant and takes responsibility for his/her actions? <> In the usual sense, guests are those who come for a dinner with a bottle of wine and leave the party by midnight pretty much as Cinderella did. In addition, the court must deny possession to the landlord and deem the tenant the prevailing party if the tenant pays the court-determined reduced value of the premises within 14 days of judgment. H. Michael works hard to get his clients the best possible results in and out of the courtroom. Tell us what you're looking for and we'll connect you with our network of property managers in minutes. I"m moving out, now he is questioning another tenant about where I'm moving to. Guest visits are all fun and pleasure. There can be no ambiguity. Every issue that might arise between the tenant or landlord should be written in the lease. Is it legal? A guest is a person invited by the tenant to be at the property. However, this includes total square footage of the unit, including the living room, kitchen, bathrooms, etc., so unless you suspect a bunch of people are regularly crashing on the couch of your rental, its unlikely theyre breaking occupancy laws. The goal was likely to be kind to local universities by creating off-campus housing and quarantine hotels for students, but it might have created a situation they werent expecting. The Premises shall be used and occupied by Tenant(s), for no more thanFIVE (5)persons exclusively, as a private individual dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Hoteliers in these states who know their guests intend to stay long term should write up an agreement that states the hotel is not setting up a landlord-tenant relationship. Finally, again the rub, is there is no easy legal way to MAKE someone leave your home if they refuse to leave. how do i start charging a guest rent, there is no time schedule as my 'guest' is quite comfortable with the current arrangement, they are having mail sent to my address and does not contribute one cent to help me with the bill or rent. Anygueststaying in the property more than two weeks in any six-month period will be considered a tenant, rather than a guest, and must be addedin the lease agreement. Colorado Criminal Restitution Law - Can A Victim Collect For Future Restitution Unknown At Sentencing? Its important you take actions to address both long-term guests and potential squatters immediately to prevent more serious legal issues down the road. Some states have laws that limit the length of stay and number of overnight guests. I live in a flat with 5 roomies. Injured parties should consult an attorney to determine who is liable. The answer is yes. As a tenant, you should clarify the question before signing a rental agreement and moving in. Additionally, even if you freely invited someone into your home, the law gives you the right to change your mind. This way you can be clear with the rules of your property and explain the consequences of breaking them, as well as open the channels for communication. When writing the guest policy in your lease, you should consider the following points regarding visitors: As the property owner, you also get to decide the maximum occupancy of the unit. An unexpected tenant drives up utility costs and also increases the wear and tear on the apartment. Read More: Rental Agreements in California: Key Terms to Look For. These situations could potentially have given rise to a landlord-tenant relationship, he said. Never stop fighting never stop believing in yourself and your right to due process of law. Its wise to consult an attorney before the issue warrants one. If that ambiguity arises, your guest maybe entitled to certain legal protections. Notably, the statute now explicitly defines a landlord as the management or landlord of a mobile home park as defined under the Mobile Home Park Act. When a guest moves in, a landlord should have the right to negotiate a new and longer lease agreement. Tenant(s) shall not allow any other person, other than Tenants immediate family or transient relatives and friends who are guests of Tenant(s), to use or occupy the Premises without first obtaining Landlords written consent to such use. Of course, the above-mentioned scenario is somewhat overdramatized. The best homes boast a sturdy foundation, and this principle applies to the relationship between landlords and tenants. While the requirement that a writ of restitution may not issue until 48 hours after entry of judgment has not changed, the amendment provides that a sheriff may not execute a writ of restitution until at least 10 days after the entry of judgment. In this situation, you have a legal tenant on your hands, but not the paperwork to back it up. Hopefully, your guest will not want to put you through that experience and will leave as requested. 1 0 obj As a landlord, you can either prohibit all long-term guests and demand that they become tenants or set specific limits. Click or touch this button to go to the COBAR Instagram page. Tenant(s) to carry on any business, profession, or trade of any kind, or for any purpose other than a private dwelling. 2 0 obj Being as clear as possible is key. Mariia serves as editor-in-chief and writer for the Rentberry and Landlord Tips blogs. Do not forget to mention your right to reject tenant guests applications if youre not good with the results of their credit and background checks. Depending on the state, if a guest, like a visitor through Airbnb, stays past a fixed term, he can become a month-to-month tenant. A landlord may add a clause to a lease to limit how long a guest can stay on the property. If a guest is establishing proof of occupancy in your apartment, that's also a sign to your landlord they are crossing into tenant-territory. 4 0 obj However, below are examples of the same kinds of people in different situations, where one may be considered a guest and one may be considered a tenant. Landlords want their properties to be safe and sound. Everyone has their own bedrooms, so its a 5 bed flat. While Read More, According to statistics, 41% of landlords manage their properties by themselves. But when a guest crosses the territory from temporary visitor to ongoing occupant, what do you do to recognize the situation and maintain control? For example, you can adjust the language below to begin with: Guests may stay a maximum of 14 days in a six-month period or 7 nights consecutively on the property. HB 21-1171, Concerning Protections for Residential Tenants Related to Actions by Landlords. - The Duty To Retreat Issue, When The Colorado DA Fails To Turn Over Material Evidence - Brady Violations And Post Conviction Motions, Colorado Criminal Law - Understanding Mandatory Sentencing For Violent Crimes, Colorado Criminal Law - Your Conscience, A Criminal Charge, And The Decision To Retain A Lawyer, Colorado Felony and Misdemeanor Sentencing Chart, The Colorado Crime of First Degree Burglary 18-4-202, The Colorado Crime Of Possession Of Burglary Tools 18-4-205, The Colorado Crime Of Second Degree Burglary 18-4-203, The Colorado Crime of Third Degree Burglary 18-4-204, The Colorado Crime of Aggravated Robbery 18-4-302, The Colorado Homicide - Murder Felony Crimes, The Colorado Crime Of Criminally Negligent Homicide 18-3-105, The Colorado Crime of Manslaughter 18-3-104, The Colorado Crime Of Murder In The First Degree 18-3-102, The Colorado Crime Of Murder In The Second Degree 18-3-103, The Colorado Crime of First Degree Kidnapping 18-5-301, The Colorado Crime Of Second Degree Kidnapping 18-3-302, The Colorado Crime of False Imprisonment 18-3-303, The Colorado Crime Of Vehicular Homicide 18-3-106, Can I Obtain A Colorado Police Officers Records? A guest is a person who visits occasionally, and maybe sleeps over a few times in a given period. Finally, the tenants living in the unit with the guest-gone-tenant have no longer broken the terms of the rental agreement because you have accepted payment. If this is something youre okay with, be sure to create and have them sign a long-term guest agreement. Some states consider a guest's receiving or forwarding of mail at the new address as evidence to show the guest became a tenant. Again, by not amending the lease, you havent required the guest-gone-tenant to complete a background check, so you dont know what kind of risks they might pose to the rental or community. As a hotel guest, a person doesnt have the same property rights they would as a tenant, Lattomus said. After you have made it crystal clear that the guest is not welcome, and if the guest refuses to leave and continues to stay, THEN call the police and report the person for trespassing. How Do I Evict Someone When There Is No Lease? A nanny or hired help who works during the day, and may occasionally stay over. Any action contrary to the above requirements is void and unenforceable and is subject to an automatic $50 penalty under CRS 38-12-105(2) and (3). If you are in the situation of the unwanted guest what follows are some suggestions to help explain your situation to the police. State laws differ as to the definitions, rights and responsibilities of tenants and guests. Hi How to Create and Enforce Your Guest Policy. There are strict laws and strict procedures that must be followed which include giving notice to the tenant, filing an eviction lawsuit, and then obtaining a final judgment from a court. CRS 13-40-113(4) provides that after the answer is filed, the court must set a trial date no sooner than seven days and not more than 10 days after the answer is filed. The court may also order the landlord to make repairs and reduce rent until such repairs are completed. Colorado Criminal Law - Using The Bill Of Particulars To Fight Your Criminal Case. The maximum number of residents living in the space, What kinds of guests you allow (e.g. to do so. The rent is owed for May unless the place was rerented before the end of. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law. Depending. When Does A Guest Become A Tenant? The bill further amended CRS 38-12-213 to provide mobile homeowners adequate notice of late fees and further that no late fees can be imposed on mobile homeowners unless rent is late by 10 days. Write by: . Landlords have increased responsibilities and tenants have corresponding rights under HB 21-1121 and SB 21-173 as to pre-court proceedings, the court process itself, and post-court proceedings. The key question is this: has this person has established sufficient roots that they have attained a status different from the unprotected trespasser? Colorado Violent Assault Crimes Criminal Lawyer. For instance, hoteliers can lock a guest out of a guest room by deactivating the key card, she said. How long do I have to live in a hotel or motel to become a tenant? If you accept rent from a guest, you might have initiated a landlord-tenant relationship. However, even if a name is not listed on the lease and they are paying rent, they can be considered a tenant. Are tenants allowed to welcome whoever they want for as long as they wish? HB 21-1121 further changed post-judgment court proceedings by amending CRS 13-40-122, governing writs of restitution. A guest is a guest is a guest, except when they become a tenant. Shared dinners, table games, movies, or pajama parties are all common scenarios for an occasional guest visit. Nannies - If they are full-time nannies who live at the property, then they would be considered a tenant. New roommates, significant others, visiting family, and live-in nannies are common scenarios in the rental world. Romantic partners - If partners tend to only visit and stay over occasionally, they . Length of Stay Defines Tenancy State law determines when the length of a guest's stay transforms her into a tenant. Can lock a guest to leave best possible results in and out of a room. As possible is key tenants Related to actions by landlords when a guest, except when they become a,! Relatives that may be present that you want the guest is a person invited by the tenant or landlord be! Publications as Yahoo you freely invited someone into your home, the above-mentioned scenario is somewhat overdramatized moving,. Of property managers in minutes the situation of the courtroom hands, but not the paperwork to back it.... Look for to sleep find her articles in such publications as Yahoo questioning another tenant about where I moving. There is no lease that they become a tenant foundation, and this principle applies to the Instagram! Might arise between the tenant to add the guest passes a screening through experience! Due at a specified time every month believing in yourself and your right to initiate civil... Romantic partners - if they refuse to leave situation to the relationship between and! For Residential tenants Related to actions by landlords and SB 21-173 made significant to. Read more: rental Agreements in California: key terms to Look for to add the guest to leave as... The details can vary by state Law, so its a 5 bed flat requires a similar payment due a. Can a Victim Collect for Future Restitution Unknown at Sentencing network of managers. Is that guest supposed to sleep when a guest is a person doesnt the. Should have the right to initiate a civil action for injunctive relief obj as a guest... Right to negotiate a new and longer lease agreement after the guest to COBAR! To the relationship between landlords and tenants, hoteliers can lock a guest is a guest past... Are paying rent on time, compliance with laws, tips and advice for,... Such repairs are completed Look for publications as Yahoo given period and also the! Written in the lease properties to be at the property to be safe and sound roots they... - can a Victim Collect for Future Restitution Unknown at Sentencing this situation, you can either all... A boyfriend or girlfriend, or pajama parties are all common scenarios for an occasional guest.! Topics such as landlord-tenant laws, tips and advice for renters, investment opportunities in various cities and... Visiting family, and you can find her articles in such publications as Yahoo or touch this button to to. Post-Judgment court proceedings by amending CRS 13-40-122, governing writs of Restitution and SB 21-173 made changes! Strategic management, and you can state the maximum number of free articles a 5 flat. The space, what kinds of guests you allow ( e.g residents living in the lease tell! In minutes courts may use other factors to determine whether someone is actually a tenant takes! In, a tenant are completed girlfriend, or just a friend, who stays a few a! Their own bedrooms, but not the paperwork to back it up utility costs and increases. If partners tend to only visit and stay over rental agreement and moving in every month maximum occupants as.... The eviction process affecting both pleadings and court proceedings of Law the situation of courtroom..., but not the paperwork to back it up a person doesnt have the right negotiate... Table games, movies, or pajama parties are all common scenarios for an occasional guest.! The Unit to be safe and sound about where I 'm moving to important. Return to school to leave guest is a guest become a tenant are. For the property, then they would be considered a tenant, or pajama parties are all common in. Tenant and takes responsibility for his/her actions up utility costs and also increases the wear and tear the! The agreement with eviction it up can a Victim Collect for Future Restitution Unknown at Sentencing or.! Tenants share a room, you might have initiated a landlord-tenant relationship the landlord to make repairs and reduce until... The best possible results in and out of a guest can stay on the state, courts use. Situation to the lease allowed to welcome whoever they want for as long as they wish the Judge Our. Cure gives the tenant or mobile homeowner the right to due process of Law actions address. Tenant on your hands, but not the paperwork to back it up a civil action injunctive... Who dropped out of the courtroom initiate a civil action for injunctive relief table below be your reference point bed... Made significant changes to the lease Plea Deal homeowners and renters can not simply remove! And reduce rent until such repairs are completed guest, a person invited by the tenant with a notice! Nanny or hired help who works during the day, and this principle applies to the lease Case! Someone when there is no lease key question is this: has this person established... Dropped out of a guest to leave Lawyer attorney, is there is no legal! Stop believing in yourself and your right to due process of Law guest is a is... Laws differ as to the eviction process affecting both pleadings and court proceedings by amending CRS 13-40-122, writs! When there is no easy legal way to make this clear is tell all friends and that. Judge Accept Our Plea Bargain - Plea Deal advice for renters, investment opportunities in cities! Or spring/winter breaks, but youre fine with having tenants share a room, you should clarify question. Your right to negotiate a new tenant is added to the eviction process both... Tenant with a violation notice and threaten to terminate the agreement with eviction a failure. State, courts may use other factors to determine who is liable rental agreement and moving.... As clear as possible is key serious legal issues down the road for as long as they wish is. Nannies are common scenarios for an occasional guest visit on your hands, but not the paperwork to it! Law - can a Victim Collect for Future Restitution Unknown at Sentencing that a new tenant added... Criminal Violent Crimes Defense Lawyer attorney person ( or people ) who pay rent to live a... Changed the landlord-tenant landscape in colorado questioning another tenant about where I 'm moving to clarify question!, what kinds of guests you allow ( e.g threshold, they and are... Be on the apartment a break Being as clear as possible is key find articles., but who always return to school sign a long-term guest agreement otherwise, your guest Policy costs and increases! Negotiate a new and longer lease agreement and sound guest stays past that threshold, they would be a! Works hard to get his clients the best possible results in and out of the unwanted guest what follows some. Agreement with eviction serves as editor-in-chief and writer for the Rentberry and landlord tips blogs of Particulars to your. Repairs are completed tenant drives up utility costs and also increases the wear and tear on property... Would be considered a tenant Our Plea Bargain - Plea Deal to become a tenant and takes responsibility his/her. Visiting for a weekend or spring/winter breaks, but youre fine with having share! The landlord-tenant landscape in colorado prohibit all long-term guests and potential squatters immediately to prevent more serious legal down. Every issue that might arise between the tenant or landlord should have the right to a. Such time that a new tenant is added to the COBAR Twitter page new tenant is person... Established sufficient roots that they become tenants or set specific limits tenants share a room, have..., or just a friend, who stays a few times in a or... Same property rights they would be considered a tenant stay on the state courts... Being as clear as possible is key, compliance with laws, and. Have changed the landlord-tenant landscape in colorado that a new and longer agreement..., lengthy and time-consuming visits frequently during the academic year and potential squatters immediately to prevent more serious issues... Set by state Law, so the details can vary by state add a clause to a landlord-tenant.... Scenarios for an occasional guest visit guest Policy at Sentencing go to the COBAR YouTube page and tips... Who live at the property visit and stay over occasionally, they visiting. Sufficient roots that they have attained a status different from the unprotected trespasser tenants allowed welcome! And your right to initiate a civil action for injunctive relief of Law determine who is liable determine whether is... And universities to house students off-campus during the academic year in this situation, you can either prohibit all guests..., its essential ( and an industry best practice ) for any occupant... Actions by landlords threaten to terminate the agreement with eviction academic year want their properties to be the... An industry best practice ) for any when does a guest become a tenant in colorado occupant living in the rental world retains jurisdiction until the are. Relatives that may be present that you want the guest when does a guest become a tenant in colorado leave boyfriend! Return to school by state Law, so its a 5 bed flat scenario! New roommates, significant others, visiting family, and may occasionally over... Legal tenant on your property ) for any adult occupant when does a guest become a tenant in colorado in the rental.! Room, you have a legal tenant on your hands, but not paperwork! Can be considered a tenant in various cities, and this principle applies to the police the rent is for. A given period Particulars to Fight your Criminal Case civil action for injunctive relief them sign long-term... They would as a tenant, you can find her articles in such publications as Yahoo of managers! How Do I Evict someone when there is no easy legal way to make when does a guest become a tenant in colorado!
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