Questions Answered by Donald C Eby

Q: Can a landlord require payments for an empty residential rental without making any attempts to re-rent?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 18, 2019
Donald C Eby's answer
If the landlord wishes to pursue you in court for a judgment to collect unpaid rents, he'll have to proove that he attempted to relet the property.

Good Luck!

Q: I the owner would like to terminate my tenants lease ( to dale or move back in ). Can I do that in Colorado ?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 17, 2019
Donald C Eby's answer
Likely not. Whatever your lease is, month to month, annual , etc. however good or bad it is, written or verbal is the lease. The landlord does not have the right to terminate because he wants to move back in. But, he can terminate based on mutual agreement or breach of the terms of the lease.

Review your lease and enforce it strictly this may help you to force a mutual agreement to terminate or great the basis for an enforceable eviction.

Q: Received written and signed lease break fee and now they are requesting more, is that legal?

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Answered on Mar 15, 2019
Donald C Eby's answer
The lease is the controlling document, how ever good or bad it is. Neither party has a right to unilaterally change the terms.

Good Luck.

Q: a borrower has the right to prepay the principle amount in whole or part of without penalty except with consent of note

1 Answer | Asked in Consumer Law and Real Estate Law for Colorado on
Answered on Mar 15, 2019
Donald C Eby's answer
Either the borrower has the right to pre-pay without penalty or he does not. This should be defined in the terms of the Promissory Note. Lender does not have the right to unilaterally change the terms or demand more. If there is no written promissory note - Lender likely does not have the right to prevent early payment or charge a fee for early payment.

Q: I signed a lease agreement and the office leased my the apartment to someone else

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 14, 2019
Donald C Eby's answer
Do you want to sue for breach of contract?

Q: My landlord has violated multiple sections of the lease. Upkeep of appliances, upkeep and notice of entry. Recourse?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 12, 2019
Donald C Eby's answer
If your landlord is in breach of the breach you likely need to provide notice and opportunity to cure before you have the right to terminate. I recommend contacting an attorney to help you as the landlord may come after you for damages if he thinks that you have not properly terminated.

Good luck!

Q: What document is there to show that myself and my brother are heirs of our great grandfather.

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Mar 10, 2019
Donald C Eby's answer
This will depend on what documents your Great Grandfather, your Grandfather, and your Father have left WRT designating their heirs or the results of the probate of their estates.

As this goes back 4 generations an you are obviously attempting to take property from someone who believes that they are the rightful owner, I recommend you get an attorney involved to help you.

Q: I signed a lease, paid the security deposit & need to back out. Landlord verbally agreed to return deposit. Tenant resp?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 10, 2019
Donald C Eby's answer
You likely are not in a good legal position. The lease creates an obligation on the Tenant to pay the rent. The lease cannot be unilaterally terminated, but termination can be negotiated. Landlord had 30 - 60 days depending upon the language in the lease to return your security deposit from the termination of the lease, in this case termination may not occur until a new tenant takes possession.

Hopefully, your loss can be limited to the security deposit and LL does not pursue you...

Q: I have a tenant who’s lease is up on the 15th. He does not want to move out that day and says he needs an extra month

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 8, 2019
Donald C Eby's answer
You likely have a strong case, but you should have an attorney review the full file and possibly represent you in the court hearing.

Q: I am on a lease that terms may 5th and requires a 60day notice. They are forcing a remodel to the unit to be done.

1 Answer | Asked in Real Estate Law for Colorado on
Answered on Mar 4, 2019
Donald C Eby's answer
There is likely some LL abuse occurring here. I recommend you contact an attorney to draft a demand letter to be sent to the LL asserting your rights of sole and exclusive possession.

Q: I gave my landlord a notice to move on April 1st. My landlord wants to take pictures to post online

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 1, 2019
Donald C Eby's answer
Unless your lease stated otherwise, you do not have to let your landlord in until you return possession.

Q: If an estate has not been filed for more than five years after the death, is that legal?

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Answered on Feb 28, 2019
Donald C Eby's answer
Ultimately, someone will have to Probate the Mother's Estate. If you have a lot of equity at stake I recommend you talk to an attorney to protect you in this process.

Q: Does my lease require a 60 day notice if I’m not renewing my lease?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 28, 2019
Donald C Eby's answer
If your lease requires 60 days notice then the LL may require 60 days notice, but only if your lease has such language.

You don't have to stay, but if you don't pay the rent for the entire period your landlord may deduct it from your Sec Dep or pursue you in a lawsuit for the amount.

Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Probate for Colorado on
Answered on Feb 28, 2019
Donald C Eby's answer
This is a very valuable asset to you and your siblings. The facts are confusing, I recommend that you schedule a consultation with an attorney to discuss the facts and possible rights that you and your siblings may have against common law husband's claim.

Q: my unit has new ownership, I'm on a month to month lease that expires at the end of this month. Won't I need a new lease

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 27, 2019
Donald C Eby's answer
Your month to month will continue until either you or new owner give proper notice of termination of the tenancy.

The new owner should deliver info to you RE payment.

Q: Can a utility company put anchor cables in a right of way that partially impedes access to my property.

1 Answer | Asked in Land Use & Zoning for Colorado on
Answered on Feb 22, 2019
Donald C Eby's answer
If there is no easement you should have an attorney send a demand letter to Century Link. This will ultimately force CenturyLink to prove it has a right or move the cables at its expense.

Q: My ex property management screwed me over and come to find out I’m in debt and robbed me. Nobody can seem to help me.

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Colorado on
Answered on Feb 15, 2019
Donald C Eby's answer
You should initiate a breach of contract suit in Small Claims Court.

Q: I am in a lease agreement and the owner has to sell the property. Is my current lease binding if the property sells

1 Answer | Asked in Consumer Law and Landlord - Tenant for Colorado on
Answered on Feb 15, 2019
Donald C Eby's answer
A change of ownership does not change your rights under the lease.

Q: How can I make my 44 year old son move out of my house.

1 Answer | Asked in Family Law and Landlord - Tenant for Colorado on
Answered on Feb 11, 2019
Donald C Eby's answer
Unfortunately, if he has taken residence legally and refuses to leave based on your request then you'll need to formally evict him through the court system. The process begins with legally enforceable Notice. If you are unfamiliar with the process I recommend that you contact and attorney to discuss the process or process the eviction for you.

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