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Questions Answered by Donald C Eby
1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: can i put a non-refundable pet fee in my lease in colorado?

i know in Colorado security deposits have to be refundable, and so does pet deposits, but can i put a pet fee on my lease that can be non-refundable? just wondering if that's legal in Colorado

Donald C Eby
Donald C Eby answered on Mar 31, 2020

Yes - You can use a Non-Refundable Pet Fee in Colo.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Colorado on
Q: I need find a lawyer to discuss a contract signed with a roofing contractor related to a home insurance claim.
Donald C Eby
Donald C Eby answered on Mar 26, 2020

Call me 303-688-0944 or schedule online at www.robinsonandhenry.com/locations

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My tenant failed to keep cistern full and burned a water pump out.

To maintain proper function of this water system, the tank needs to be kept with a adequate amount of water in it. The water pump will pressurize the system as long as there is water. If water runs out, the pump will run dry until it overheats and breaks. The water pump system was verbally... Read more »

Donald C Eby
Donald C Eby answered on Mar 26, 2020

You have a good argument, but you will likely also have the burden of proof and the Tenant may deny that they let the water reservoir run dry. You'll have to prove that the failure was caused by an overheat condition which could only occur if the reservoir was dry. This is beyond normal wear and... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Does an HOA have the right to require lot owners to have their property sprayed for noxious weeds? What if they refuse?

HOA wants to know if CC&R can state that HOA has the right to spray individual owner's property for noxious weeds, or does HOA needs approval from each individual owner to do so?

Donald C Eby
Donald C Eby answered on Mar 22, 2020

This is dependent upon the specific language in the Covenants. Generally, an HOA would have the right to demand the owner spray and to enter and spray if the owner fails or refuses and to fine owner and assess costs to owner. But, you should get a specific reading of your documents before you... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Colorado on
Q: can a person reduce or rescind a monetary offer made via a letter written by their lawyer?

a letter was drawn up but not given to me for a monetary offer. The person has decided to lower their offer. I have seen said letter

Donald C Eby
Donald C Eby answered on Mar 17, 2020

The offeror can change or rescind his offer until that offer is accepted and becomes an agreement.

1 Answer | Asked in Real Estate Law for Colorado on
Q: We are 2 days from closing on a house in CO. With COVID 19 pandemics affect on the country can we postpone the buy?

We are still interested in the house but are willing to cancel with a loss if need be.

Donald C Eby
Donald C Eby answered on Mar 17, 2020

Can you postpone the closing without penalty? If you can get the Seller to agree to an extension, yes. However, if Seller will not agree then you can refuse to close and will likely suffer the loss of your earnest money and any other penalties which the contract contemplated.

You may want...
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2 Answers | Asked in Real Estate Law for Colorado on
Q: Can a buyer terminate real estate contract because they don't like the HOA interaction they are having?

I am under contract to sell my condo, and the Buyer is sending a notice to terminate the contract because they don't like the HOA interaction they have had with some questions. Is that grounds for them to terminate in Colorado? Seems like a weak argument.

Donald C Eby
Donald C Eby answered on Mar 15, 2020

A buyer can terminate....but that does not mean that you have to agree to release the earnest money back to them.

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1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Will memo line on a check serve binding on a real estate sale with no official sales contract?

I purchased land on October 29th, 2018 and on the memo line I wrote "purchase of 40 acres balance approximately 41,000". The total price was 121,000.00 and I put 80,000.00 down and rest to be paid at closing. Seller hears that I have an enormous offer and begins figuring a way to maintain... Read more »

Donald C Eby
Donald C Eby answered on Mar 1, 2020

Is it good enough? It is certainly better than nothing. It is likely that the check along with testimony will be sufficient to prevail. You have an an issue that all contracts for the purchase and sell of real estate in CO must be in writing, as such if the opposing smells a big profit you need... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Landlord is withholding some of our deposit claiming that it costs $700 to replace 3 blinds
Donald C Eby
Donald C Eby answered on Feb 19, 2020

Review the Colo Security Deposit Act...This provides an means for tenants to recover wrongfully withheld security deposit money and if the LL forces the matter to court and loses the damages may be tripled plus attorney fees.

2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Construction Law for Colorado on
Q: When a builder is building a new subdivision - who is responsible for building retaining walls -the developer or the HO

There is an area behind four homes in our area that is a very steep, collapsing hill. The home buyers understood from a design plan that the developer would build retaining walls to prevent the hills collapse. Our builder is now saying it is the responsibility of the HOA - not him

Donald C Eby
Donald C Eby answered on Feb 10, 2020

Who owns and is thus responsible for the retaining wall? Generally, a builder initially owns all common areas, but at some point in the development process the developer assigns ownership of the common areas to the HOA. After this assignment the HOA owns the common areas/walls and is responsible... Read more »

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1 Answer | Asked in Real Estate Law and Estate Planning for Colorado on
Q: house left in a will to 3 people how does the buy out work

Does the person wanting to keep the house buy out the others with property value or equity in it

Donald C Eby
Donald C Eby answered on Feb 7, 2020

Certainly one co-owner can buyout the other owners, assuming that you can negotiate a purchase price that is acceptable to all.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If a tenant signs a lease, but upon inspection of the property finds it to be disgusting, can they reject possession?

A tenant signed an agreement then inspected a college apartment that already housed several other college aged men. He found the residence to be gross and refused to move in/take possession. Can he do this? What happens to his security deposit? Is he responsible for future rent if he never took... Read more »

Donald C Eby
Donald C Eby answered on Feb 6, 2020

A lease agreement is not unilaterally terminable by one party and does not require a tenant to take possession to be enforceable.

If you are the landlord you need to handle the Sec Dep per the Colo Sec. Dep Act to prevent 3x damages.

If you are the tenant you should consider the...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How do my wife and I obtain a monetary judgement from former tenants...

We obtained a judgement in our favor for damages and unpaid rent against former tenants. They were married when they moved in but separated around the time they moved out and are now living in different towns. To collect the money owed do we serve the judgement papers to both and split the amount... Read more »

Donald C Eby
Donald C Eby answered on Jan 21, 2020

You have a judgment that is the obligation of both parties. You can pursue both until the full judgment is satisfied, you have no duty to split the judgment between the two parties.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Am i able to sue for rent paid since first request of repairs that have never been made?

Lived here almost 7 yrs,have made *several requests for repairs via email,maintenance portal,txt mssgs.the roof leaks,is deteriorating,&has black mold.paying for 5bdrm but cant utilize upstairs rooms.Also,has no heating upstairs.Heating vents blow inbetween walls&floors cause there's not any... Read more »

Donald C Eby
Donald C Eby answered on Jan 20, 2020

You should review the Colorado Warranty of Habitability. The legislature significantly strengthened this last year to provide assistance to tenants.

This is a fairly technical issue so I recommend contacting an attorney to discuss your rights, remedies, and risks before withholding rent.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I have a question about removing someone from my home.

I let a 17 year old move in because I was told his father kicked him out because he is gay. I found out he just left because he does not get along with his father. Can I kick him out immediately even though he has recieved mail here and my roommate doesn't care if he is here? We rent but I pay 2/3... Read more »

Donald C Eby
Donald C Eby answered on Jan 20, 2020

You can ask your tenant to leave or even entice him to move-out. But, if that fails, you'll need to proceed via the judicial eviction process which begins with legally enforceable notice. If you are unfamiliar I recommend that you contact an attorney to at least guide you through the process as... Read more »

2 Answers | Asked in Real Estate Law for Colorado on
Q: I co-invested in a property with my sis. She died and the place was never in my name. Her husb. won’t respond.

I co-purchased a rental apt with my sister to use as a home base for our business in Denver, CO. I live in Tennessee. The apartment was part of a larger investment I/we made toward a shared business that has since gone bankrupt and failed. It was verbally agreed that we would keep (and perhaps... Read more »

Donald C Eby
Donald C Eby answered on Jan 19, 2020

Hopefully, you have some of these communication and agreements documented. You'll need to protest the probate of sister's estate RE the ownership of the Condo.

This could get complicated and require multiple appearances in CO, as such it is advisable that you obtain CO legal counsel to...
Read more »

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1 Answer | Asked in Civil Litigation for Colorado on
Q: If I loaned $6000. for a down payment on our house in 2013, is it too late to collect? We lived together for several yea

If I loaned $6000. for a down payment on our house in 2013, is it too late to collect? We lived together for several years and recently been going through child custody proceedings. We were never married. He refuses to pay what is owed. Please help

Thank you

Donald C Eby
Donald C Eby answered on Jan 17, 2020

Assuming you can prove that the $6,000 was a loan and the terms of the loan have been breached, you can obtain a judgement.

2 Answers | Asked in Real Estate Law for Colorado on
Q: I was supposed to close on my house on 12/20/2019. The sellers are claiming to have medical issues.

I have not been told a new closing date as of today. We all signed a contract, them to sell, me to buy on the above mentioned date. Do i have legal recourse?

Donald C Eby
Donald C Eby answered on Jan 17, 2020

Yes, you can bring a suit against seller to enforce your contract, it is called specific performance. If you are unfamiliar you may want to contact an attorney to assist you.

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Landlord's contractors destroyed our property. They're claiming neither they nor contractors are liable. Legit?

Landlord informs us they're installing new tile in the kitchen and we agree to do it while we're out of town. Contractors partially flood kitchen and basement removing the dishwasher. Water isn't turned off and leaks for two days before community mechanic fixes it. Mechanic says he was aware of... Read more »

Donald C Eby
Donald C Eby answered on Jan 4, 2020

Your Landlord and the Landlord's contractor are likely responsible to you for the damages that they caused to your personal property. You may want to consider having a lawyer send a demand letter or initiate a lawsuit.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a person sign a lease then change their mind before moving in and get their deposit back?

We rented our basement to a couple on 12-12-19 and they put a deposit down to hold the room til the first when they would move in. They signed a lease for a year on the 17th of December and on the 30th they called and said they changed their minds and wanted their deposit back. I am taking a loss... Read more »

Donald C Eby
Donald C Eby answered on Dec 31, 2019

The tenant signed a lease which creates a financial obligation on that tenant. He or she does not have the unilateral right to terminate that lease. Whether or not the tenant moves in is his choice whether or not you choose to enforce your right to get paid until you find a new tenant is your... Read more »

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