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Questions Answered by Donald C Eby
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 »

2 Answers | Asked in Real Estate Law for Colorado on
Q: Our builder is defaulting on 20k of bills owed on our build project we paid him in full for. How do we protect ourselve

Most of the money is owed to a lumber store.

Can creditors still pursue us after the lien period is done or would they then be required to pursue the builder who actually owes the funds and used out money to pay other debts?

Donald C Eby
Donald C Eby answered on Dec 13, 2019

Do you have a contract?

Did your builder sign lien releases when you paid him?

Has the lumber supplier send a notice of intent to lien?

This issue is very common. We need to put pressure on builder to make payment to the lumber supplier in order to prevent you from suing...
Read more »

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1 Answer | Asked in Land Use & Zoning for Colorado on
Q: How much per day can I charge for storing a tractor trailer on my Private property.
Donald C Eby
Donald C Eby answered on Dec 9, 2019

There is no legal limit.

2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: If I bought my home on a contract between the owner and I and have made all payments can I sell the property?

My buyer has cash but wants to use a land trust company to purchase. Can this work?

Donald C Eby
Donald C Eby answered on Nov 19, 2019

If you have purchased the home, then yes, you can sell it. But, your question seems to indicate that your seller has never delivered title to you. In order to sell you'll need to deliver title to the buyer. Hopefully, your seller will cooperate.

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1 Answer | Asked in Civil Litigation and Real Estate Law for Colorado on
Q: Can Capital One take my land to pay off a defaulted auto loan if I cannot pay on it anymore?

Land is not collateral

Donald C Eby
Donald C Eby answered on Nov 10, 2019

No - It is not likely that you pledged real estate as collateral to obtain a credit card. However, if you have debt issues, I recommend that you contact a Bankruptcy attorney, you may be surprised how much BK can do for you.

2 Answers | Asked in Contracts, Divorce and Real Estate Law for Colorado on
Q: With a current month-to-month lease after lease expiration and couple separated, can I create new lease with one party?

Married couple rented my home in 2014, they have recently separated and he moved out. She wants to remain but is requesting a new lease with him left off. They renewed their lease in 2017 but are currently living month to month after that lease expired in 2018. I want to ensure he can't come after... Read more »

Donald C Eby
Donald C Eby answered on Nov 5, 2019

Yes you can. Just properly terminate the current Month to Month before creating a new lease with only one party moving forward.

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1 Answer | Asked in Consumer Law and Construction Law for Colorado on
Q: I recently was charged a fee of $1000 for 3 days late Payment on a $4088 b’room remodel. Is this legal? Ursury? Colorado

Contract stated 25% fee every week for non payment. The original invoice was in dispute, and after 7 days they charged me $1022 in interest on an invoice of $4088. I believe in Colorado the ursury limit is 45% per annum. Does ursury limits apply in this case, or is it just consumer loans (money... Read more »

Donald C Eby
Donald C Eby answered on Nov 2, 2019

Usury does apply to late fees in lease agreements.

You may want to get an attorney to help you in dealing with this party. A demand letter from an attorney could help to convince the opposing party that this will not work out well for him/her.

1 Answer | Asked in Construction Law for Colorado on
Q: Hello! I am wondering if home builders in Colorado are required by law, to provide a 10 year structural warranty?
Donald C Eby
Donald C Eby answered on Nov 1, 2019

No but yes. Builders are not required to offer any warranty. But, a owner may bring suit against the builder under the Construction Defect Statute for defects for up to 10 years after completion of the home.

Hope helps. You should contact an attorney if your builder is not cooperating...
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord keep my inital rent and deposit when I never moved in because of someone else still occuping at time

state of colorado

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

If the previous tenant did not move out causing Landlord to be unable to deliver possession to you, he would be in breach of your lease agreement and have no right to your rent and Sec. Dep.

You should contact an attorney for assistance in recovering your money.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord(s) transfer a lease to a Property Management Company without notifying the tenant in writing prior?

I have a Colorado lease that has several legal errors, such as governing law is listed as Massachusetts, landlord can lock out the tenant, as well as, all the parties listed on the lease did not sign off. A Property Management Company posted a notification on my door on 10/3/2019 informing me... Read more »

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

A landlord may designate an agent (Property Management Co) to step in and administer the lease on his behalf, unless the lease specifically says otherwise. It was smart of you to verify this transfer with the Landlord prior to delivering money to the Property Manager.

1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Rent to own. Oral contract. Fully paid the property off now Parents getting divorce and father refuses to sign over

I took a HELOC loan on my other property to pay this property off per our agreement after I paid the property off my parents are now getting a divorce and my mother agrees to the the agreement we had and is willing to sign over the property of to me but my father is not. We had an oral agreement... Read more »

Donald C Eby
Donald C Eby answered on Oct 30, 2019

You may have some rights and remedies. I recommend that you contact an attorney to discuss the exact facts, agreements, evidence, willingness of Mom to cooperate, etc. Then you'll be able to make a decision about how to move forward in demanding your property.

1 Answer | Asked in Real Estate Law for Colorado on
Q: When purchasing a lot in a platted rural subdiv is an Improvement Location Cert. ok, or should require Land Plat Survey

Contract for vacant building lot specified a Land Plat Survey and seller provided a Improvement Location Certificate. The ILC specifically says it is only for Title co. and is not to be relied on for establishment of fence, building or other future improvement lines. Spoke with Surveyor who... Read more »

Donald C Eby
Donald C Eby answered on Oct 16, 2019

Is a Land Plat Survey today valuable to defend encroachment claims in the future? Not likely.

Is a Land Plat Survey more valuable to a buyer than an ILC? Yes

1 Answer | Asked in Real Estate Law and Construction Law for Colorado on
Q: We flipped a home 5 years ago, and 2 buyers later, the new buyer is suing us for shouty workmanship.

She is stating the the floors are not level. At first their claim was we finished the basement with non floating walls, but when they found out that the basement was already finished, they are now stating well it must be something we did upstairs.

Donald C Eby
Donald C Eby answered on Oct 15, 2019

You should consult an attorney to assist you in defending yourself against these claims. There are likely other facts that need to be discussed but it is possible that you could make a claim against the Plaintiff for attorney fees to defend yourself against this lawsuit.

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