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Questions Answered by Donald C Eby
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...
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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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: My question is in regards to property lines for a new build, the property line is against a public trail, unfinished.

I live in Colorado and when my wife and I did the final walkthrough of our new home, they showed us the property lines and the builder also already installed the front yard landscaping to make it easier to see which was roughly 9+ ft off of the right side of the house. However, yesterday when I... Read more »

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

The ultimate issue here is who is correctly identifying the property line, the builder or the new claim? And, if the builder was wrong do you have a claim against him or against your title insurance?

You should bring your facts and evidence to an attorney to review, he may be able to...
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: The Security Deposit Refund was mailed 62 after my lease ended. Can my landlord still withhold my damages?
Donald C Eby
Donald C Eby answered on Oct 2, 2019

Assuming your calculation is correct, your Landlord lost his right unilaterally withhold for damages. Your next step is to send a 7-Day demand letter before initiating a lawsuit under the Colo Sec. Dep. Act.

Good Luck!

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord charge me for damages if a walk through was never performed before and after moving out?
Donald C Eby
Donald C Eby answered on Oct 1, 2019

The is no legal requirement for a landlord to perform a walkthrough with a tenant. If you dispute the charges you should refuse to pay and then bring a lawsuit or bring a counterclaim if the Landlord brings a claim against you. The Landlord will have the burden of proof.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: our basement flooded on August 1st due to a bad sump pump-ruining the carpet, can i short pay rent until it is fixed
Donald C Eby
Donald C Eby answered on Oct 1, 2019

Withholding rent is always a risky maneuver. May you have a right to claim a Warranty of Habitability issue or a constructive eviction as a result of the flooding? Yes - you may but I recommend that you consult with an attorney about the facts and your possible courses of action before you... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord charge for the full lease?

we were evicted early in a lease for nonpayment- I get it, not fighting that. We're trying to pay it down, but I was wondering can they charge us for the full amount of the lease if the apartment has new tenants? Technically arent they're getting paid twice for the same unit? Is that legal?

Donald C Eby
Donald C Eby answered on Oct 1, 2019

You are correct - A Landlord in Colo is not allowed to "double-dip" in the collection of rent from former tenants. If the Landlord has filed a Complaint against you in an attempt to obtain a judgement you should contact an attorney to assist you with this matter.

1 Answer | Asked in Construction Law for Colorado on
Q: The shower in my basement is cracked and cannot be repaired, can our builder be held liable

Our house is just about 3 years old. We had the builder finish the basement. Recently our shower in the basement has cracked (shower walls and pan). We had the builder out to inspect this and they wont cover the repair saying that it's cosmetic. Our shower is unusable, and when asked how we fix... Read more »

Donald C Eby
Donald C Eby answered on Sep 28, 2019

You should contact an attorney to assist you with a possible Construction Defect Claim. There is a formal process which provides significant leverage to the homeowner against contractors who poorly construct homes.

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Can I charge an additional monthly fee for double occupancy?

I have a room in my primary residence posted for rent as a single occupancy lease. I am open to double occupancy but would only consider it with an additional fee. Is this legal? What would I need to add in the lease agreement?

Donald C Eby
Donald C Eby answered on Sep 18, 2019

You can charge more if a unit is to be occupied by more than one person or a person and a pet.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can we have varying rents for those with and those without housing vouchers?
Donald C Eby
Donald C Eby answered on Sep 18, 2019

Yes - You can price each unit individually and different rent rates for those on assistance and self-paying tenants.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can we raise our rents to meet various local PJs "payment standards"?

This would cause a hardship for some of our tenants who do not have a housing voucher. Can we base their rent on income?

Donald C Eby
Donald C Eby answered on Sep 18, 2019

There is no limit on the amount of rent a Landlord may charge or the amount a Landlord may raise the rent. The tenant will decide if he wishes to negotiate, stay, or move.

However, of course you cannot unilaterally change the rent amount during the lease term.

2 Answers | Asked in Consumer Law, Real Estate Law and Collections for Colorado on
Q: In Colorado,can we be forced to sell our home if there's a judgement lien from Credit Card debt ($22,000) on the home?

It's our primary residence and my husband (age 64) is the sole owner/mortgage holder.

Donald C Eby
Donald C Eby answered on Sep 17, 2019

Can a creditor foreclose on your home to satisfy a Lien? Yes. But, you will have an opportunity to prevent the foreclosure and it is seldom financially feasible to foreclose to collect on a debt that small.

Have you considered BK to eliminate the debt?

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2 Answers | Asked in Real Estate Law and Construction Law for Colorado on
Q: We are building a home in Colorado and our builder has had endless delays and constant excuses as to why it’s not done.

Our original move in date was July 15, then August 15, August 25, now October 1st. He didn’t even start the foundation clearing until August 25th, it’s not been touched since then. The house is complete (modular) and off site, waiting on the site to be complete.

He is paying for a... Read more »

Donald C Eby
Donald C Eby answered on Sep 6, 2019

Your rights are completely dependant upon your contract.

I recommend contacting an attorney to review your contract and discuss your rights, remedies, options, etc. That attorney may also send the Contractor a Demand Letter which may prove to be just the motivation you need.

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