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Questions Answered by Michael Joseph Larranaga
1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a boyfriend have claim on my condo if has lived in it with me for 8 years? I want him out of my home.

I purchased my condo in 2008. He moved in 2014 and still in my place now in 2022. We have a child together. If I get him out of my home can he have claim on half of my condo?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 17, 2022

That really depends. If you never transferred any type of ownership interest to him then in theory you should still own 100% unless you held out as married or did something else that would allow him to acquire an interest in the property.

That being said, you need to be aware of other...
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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: If I signed a lease w a private owner landlord of a condo, whom I've dealt with for all issues that arise,and whom

I've paid Rent to, hires a new realtor/management company 6 months into the year lease. I owe no obligation to the new realtor, because I never entered into a new contract w them?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 9, 2022

That depends on the contract. Typically your duty is to the property owner but they have the option of hiring a property manager to act as their agent. If you are asking then that means there is a potential problem. You should contact an attorney to help you work through it.

Please be...
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1 Answer | Asked in Contracts for Colorado on
Q: I left my apt in CO in 2020 & despite many calls, I have yet to receive my deposit. Can I legally do anything about this

My wife and I moved out of our apt in Westminster, CO in 2020. We truly left the place significantly cleaner than it was when we moved in. They told us we would receive a fraction of our deposit. That alone can bring up another legal question in itself. We called so many times asking about when we... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 9, 2022

There may be potential legal actions you can take. But you should call an attorney ASAP. If you are going on three years, there is a good chance you may toll under the statute of limitations meaning any claim you could bring you can no longer bring because you waited.

Please be aware that...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My landlord only return to small portion of my damaged deposit and is stating now if I take him to court he will charge

He stated I did not paid a pet deposit which is included in my lease and quoted as paid at time of lease he says if I take him to court he will charge me more than what he was originally going to even though I lived in the apartment for 7 and 1/2 years I do have what he was going to originally... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 9, 2022

You should get in contact with an attorney. They would need to review your contract to determine what your landlord could and could not charge you.

Colorado has a security deposit law. It may be worth reviewing.

Please be aware that any answer is based on all the events occurring...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I went home today and my locks were changed. Can I break in my apartment?
Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 9, 2022

If the locks were changed and you were not evicted through the court process then you may have been unlawfully evicted/removed. You may wish to speak to an attorney. The court may be able to restore you back to possession if you have been unlawfully removed.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is a wedding performed by an officiant in Colorado binding if the marriage license is never submitted to the state?

My girlfriend and I planned a small wedding with an officiant we had hired. A few weeks before the wedding I started having second thoughts and told her that I couldn't go through with it. We eventually agreed to go through with the ceremony and have some photos taken so her family in another... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 9, 2022

Common law marriage is a fact intesive analysis. You should contact an attorney. if you did in fact put yourself into that category then you can apply for a divorce. It sounds like you are both on speaking terms so now is the time.

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2 Answers | Asked in Business Law and Civil Litigation for Colorado on
Q: In Colorado, can personal civil documents intended for an individual be served to the registered agent of their LLC?

For example, if attempts to serve someone a civil lawsuit at their home address have been unsuccessful, could that person be served via the registered agent for an LLC they own, even if the LLC is not named as a defendant in the lawsuit? Specifically, if they're using a registered agent... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 9, 2022

I would recommend reviewing the rules of civil procedure as they pertain to personal service. There are quite a few ways to obtain personal service. If you are unsure, you should contact an attorney. If you cannot afford one, another option may be to hire a good process server that is familiar with... Read more »

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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: My husband says the money in the bank account isn’t mine

I’m a military spouse and I’ve never had my name on the account my husband and I both use. This is because we wanted credit scores esperares and also we’d have to practically jump through hoops to add me. If we separate are all the bank accounts considered shared since we both spend money out... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 9, 2022

It is more complicated than that. If the money has co-mingled during the marriage it may be considered marital property. It is possible to have separate non-marital property but safeguards need to be put in place. You should talk to an attorney to help you make that determination.

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1 Answer | Asked in Libel & Slander for Colorado on
Q: I was sent a cease and desist letter but the evidence presented (screenshots) did not include me. Is this valid?

I was in a private conversation on a chat app (Discord) and someone took screenshots of what was said and handed it over to the person in question. I received a cease and desist letter through email. The information within the letter included screenshots of "defamatory statements", but my... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 27, 2022

Posting to a 3rd party on any platform could be considered publishing for purposes of defamation. If you are truly concerned then you should contact an attorney to go over the supposed defamatory statement.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: A tenant's association sues for property ownership

This is for a story I am writing. I am wondering if a tenant's association, as a legal entity, were to sue an owner for gross negligence in managing the building, if they could be awarded ownership of said property. How realistic of an idea is this?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 20, 2022

Sorry to say but it would be unlikely. Most of the time in litigation, if you prevail, you would be awarded monetary damages. There are certain exceptions such as when a contract has a specific performance clause or there is some reason in equity why another type of award is more appropriate.... Read more »

1 Answer | Asked in Contracts, Estate Planning, Landlord - Tenant and Probate for Colorado on
Q: How do I revocate a contract / remove the trustee from trust/estate/property/etc.??

Acting as Durable POA for my incapacitated father, (with no limitations at all) - him being grantor of 1/2 a living trust within the family, I have been rejected 90% of the time I make a decision "as if I were him". Trustee will not respond to me at all or respect any of my father's final wishes

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 20, 2022

I think you need to determine if the trust is revocable or irrevocable. If it is an irrevocable living trust then you may not have the authority to do anything as that authority may rest with the trust administrator. I am in no way an expert in trusts but you may be able to find some information... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If you are on a month-to-month lease and your landlord terminates it via text messages, is that legal?

My landlord decided to end the month-to-month lease abruptly over text message. I said I think this needs to be in a written format, signed and dated.( the lease does not specify the format) Which they responded that a text is perfectly legal and have yet to send any further information regarding... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 20, 2022

You may wish to contact an attorney so they can review both the text and your lease.

The forcible detainer statute does have some requirements around how notice has to be delivered. That being said, in contracts, a writing can be a lot of things including an email if it is defined in the...
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1 Answer | Asked in Contracts for Colorado on
Q: I went to my storage locker and access denied. My account is fully paid and I was given no notice, what do I do?

I'm just really confused and feel like my things are stolen/gone. Can't get ahold of customer service, and I have no email, post, or anything on their online account site showing any reason why my gate code shouldn't work. My next bill isn't due until next week. I even read... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 19, 2022

Well, you may have a claim for breach of contract, conversion, and/or theft. It just depends on how the storage company responds and if you are in compliance with your contract. I would get in contact with an attorney to try to help to resolve the matter.

Please be aware that any answer is...
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1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Native American Law for Colorado on
Q: Should I sell my interest

I have trust land and the tribes want to buy my interest and conveyance for something

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 19, 2022

Afternoon,

I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I have a tenant I started to evict. Tenant abandoned the apartment and left behind some items. What are my rights?

Tenant agreed to move out to avoid eviction. At the agreed date to vacate, tenant had removed most personal property and didn't show up for scheduled final walk through. Tenant isn't responding to attempts to contact and hasn't turned over the keys and I don't know where they... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 19, 2022

I suggest you read the unlawful eviction statute and talk to an attorney. If the tenant cannot be deemed to have abandoned the house based on a reasonable person standard, you may need to evict them. Otherwise, you are subjecting yourself to liability. Again, talk to an attorney.

Please be...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I rent a townhome with 6 units, a shared attic. I had mice chew through the bedroom closet and desecrated my bedroom.

Property management put in the lease that I, the tenant, am responsible for rodents. This does not supersede the implied warranty of habitability, does it? I alerted them immediately, and they did not respond to me within 24 hours. Then when they did they denied getting an exterminator and told... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 14, 2022

I would say call an attorney.

Mice and rats could be a violation of the warranty of habitability. They are actually listed as one of the enumerated items if the infestation is bad enough. But you need to figure out if it qualifies, if it does then provide the proper notice, and so on....
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1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Are you able to request invoices/receipts from your landlord to recalculate the itemized list of deductions from deposit

We got a reconciliation with amounts withheld much higher than expected, and the numbers are all even and round. We do not feel like this is the actual amount paid for any damages that he claims are beyond “normal wear and tear”

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 12, 2022

There are very strict requirements around security deposits. I encourage you to reach out to an attorney. If a security deposit is wrongfully withheld if may subject the landlord to treble damages plus attorney fees and cost. Like I said, it does not hurt to talk to an attorney.

Please be...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can I sue a seller for nondisclosure for failing to disclose roof damage on the sellers property disclosure?

After closing on the condo the HOA levied a special assessment for $6,000 for roof repairs. The seller provided HOA meeting minutes that mentioned the hail damage but said it would be repaired by the end of the month prior to closing. The seller did not disclose anything relating to roof damage... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 12, 2022

It could be an issue if the buyer knew about the damage, knew it would not be repaired prior to closing, and failed to disclose it.

You will most likely need an attorney to determine if this qualifies as a breach of contract.

Please be aware that any answer is based on all the...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: My mother and father bought this property 19 years ago and I have occupied since day 1 my father passed Can I be evicte

Or are there rights protecting me

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 12, 2022

If you have stayed on the property as a guest, it is considered a license. A license can be revoked meaning that you can be evicted. Due to the duration of time, you may even be a tenant. But a tenant without a written lease that is provided with a notice to quit may also be evicted. I would... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My ex is keeping my service dog from me. How do I get her back?

We shared most of the expenses, split pretty much everything, I trained the dog, she lived with me for 4 months before I moved in with my ex. She is my registered service animal & emotional support animal. How do I get her back?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 7, 2022

If you can prove that you own the dog, you may be able to assert a replevin claim to get her back. If you both own the dog, it becomes trickier. In theory, you could do a partition action and ask the court to figure it out. I have done partition actions for land, but I know they can be done for... Read more »

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