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Questions Answered by Donald C Eby
1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Colorado on
Q: I was arrested on charges of harrasment and disorderly conduct based off of witness statements.

I feel there was no reasonable cause for an arrest to be made. The statements were false and I did not bother anyone in the building. The charges were dissmised in the interest of Justice. I am wondering if I have a potential case to sue for damages, economic losses, and non economic losses?

Donald C Eby
Donald C Eby answered on Jul 14, 2020

Potentially yes. These cases can be difficult. So you should consult with an attorney to discuss the facts, the law, your rights, remedies, potential outcomes, etc.

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: What are my options for resolving construction defect dispute with contractor? How can I find legal guidance?

I contracted with a concrete contractor to pour 290 sq. ft. for a concrete patio for $2750. The contract stated the concrete was to be "an average of 4 inches in depth." I pulled 40 measurements (one per lineal ft) from the concrete patio they poured and the depth ranges from 1.67 to 3.75... Read more »

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

If the contract has an arbitration clause initiation arbitration is you next step.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Our Aurora, Colorado condo tenant moved sometime before the end of his lease (June 30th, 2020) without our knowledge or

approval and rented the unit to someone, which is not allowed in our lease. We have posted a notice to quit by August 3rd. If we need to do an eviction, what other forms will we need?

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

If your tenant does not comply by returning possession your next step will be to initiate the judicial eviction process by serving the tenant with a Summons and Complaint.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I was given a house and there are people living in it what do I need to do to evict them
Donald C Eby
Donald C Eby answered on Jul 4, 2020

If you have asked them to leave and they refuse you'll need to evict them via the judicial system. This starts with legally sufficient notice.

If you are unfamiliar with the process I recommend that you contact an attorney to discuss the process, maybe help you with a proper notice,...
Read more »

1 Answer | Asked in Employment Law and Construction Law for Colorado on
Q: I recently received a court order to my home address of a company I managed in 2018, and was closed in august 2019.

The order was received at my home address, and stated on the order that it is the companies active office. When the company has been closed since august. I was just a manager and I’m getting the blame cause I was the point of contact. There was draining damage when we did pier drilling, and I was... Read more »

Donald C Eby
Donald C Eby answered on Jul 3, 2020

There is no way to give you good advise here. An attorney will need to see the documents you were served with to provide you with an assessment of your rights, remedies, and risks. And this could be serious, so you'll want to properly respond to avoid taking o liability. You should contact... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How do I have a tenant removed from my house with a verbal agreement? It has been 5 years.

Trying to help a friend but she has in the last two weeks destroyed my basement. By having her contractor boyfriend tear out walls, etc...

Donald C Eby
Donald C Eby answered on Jul 3, 2020

It is unlikely that your tenant has the right to destroy our property. You may need to take action like injunctive relief which is quicker than an eviction. Nevertheless, the tenant's actions likely are a breach of her rental agreement, as such you need to provide Legally Sufficient Notice,... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My lease allows me(landlord) to enter my property within reasonable time but my tenant will not allow enter can I call

The police?

Donald C Eby
Donald C Eby answered on Jun 18, 2020

You can call the police but it is doubtful that they will help you. Your remedy for this lease violation is to initiate the eviction process, after proper notice and opportunity to cure of course.

1 Answer | Asked in Civil Litigation, Employment Law and White Collar Crime for Colorado on
Q: What should be my steps to address a manager (family member) who there is evidence of embezzling, money laundering, the

The illegal activities have been going on for four+ years. Additional problems include missing records and failure to return key business information such as passwords and financial information. IRS, state/local sales tax and lodging taxes have gone unpaid. What are steps (and with whom) regarding... Read more »

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

If you want to get your money back, I recommend that you contact a local attorney to review your facts and damages. Then you can have a detailed discussion about your rights, remedies, risks, strengths and weaknesses of your case, the law, timeline, etc.

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Can I be sued By a contractor, as a old manager of a company that is now dissolved, and a job done 2 years ago?

I used to be a manager for a Construction company, and they’re trying to sue me cause I was their point of contact, for damages that happened, the job was done 2 years ago. And they contacted me 2 months ago, and didn’t ask if we could fix it or anything just plain out wants to charge me. Also... Read more »

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

You can be sued, although it seems that you have a strong defense so the suit is unlikely to be successful. Nevertheless, if you are served a Complaint you must answer to avoid a default judgement being entered against you.

If you get served you should contact an attorney to respond on...
Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is it legal, in 2020, for a Buyer to write a "love letter" to a Seller to help convince them to sell to them?
Donald C Eby
Donald C Eby answered on May 25, 2020

It is not illegal for Buyer. But, brokers may be reluctant to deliver the letter and the seller may refuse to read the letter based on Fair Housing concerns.

3 Answers | Asked in Civil Litigation, Employment Law, Family Law and Business Law for Colorado on
Q: I own a business and employ my husband. His ex is demanding my business records as disclosures. What are my rights.

All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she... Read more »

Donald C Eby
Donald C Eby answered on May 13, 2020

Have your records been subpoenaed? If not you have no duty to deliver. If so you may want to consult an attorney to inquire about quashing the subpoena.

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1 Answer | Asked in Consumer Law, Business Law and Construction Law for Colorado on
Q: Had a contractor built a fence, did not follow the material guidelines outlined in the HOA. Can I sue for his poor work?

Me and two neighbors(N1 and N2) hired a contractor to build a fence, we all signed separate contracts. This contractor did a very poor job. The work is bad, I have pictures to document it all. When I showed him the work, he said i was being "nit picky". I asked him about the gaps in the... Read more »

Donald C Eby
Donald C Eby answered on May 8, 2020

You may have a claim, a strong demand letter from an attorney may be a good first step. The strength of your claim will depend upon the language contained in the contract.

2 Answers | Asked in Real Estate Law for Colorado on
Q: Am I responsible for an HOA bill to replace a roof on a townhouse I sold almost a year ago?

The new owner got a bill and wants me to pay half. I did not know the roof was damaged when I sold the townhouse. The HOA sent out correspondence saying they recommend we change our insurance coverage when I still owned the townhouse, but I don't think they ever said there was damage to the... Read more »

Donald C Eby
Donald C Eby answered on May 5, 2020

Based on your facts you should not be responsible, but you may want to retain an attorney to deal with the attorney hired by the buyer. A little expense now could save a lot of hassle and expense in the future.

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: In Colorado, how difficult is it to evict someone living in your house? There is no rental agreement and no rent.
Donald C Eby
Donald C Eby answered on May 5, 2020

The eviction process must be followed exactly. Not having a written lease is will not prevent you from evicting your roommate. But, you will have to provide proof of the terms of the verbal agreement, i.e. monthly rent paid historically.

If you are unfamiliar with the process I recommend...
Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: What should I expect when I go to court?

I’m 17 and I was pulled over for speeding, swerving and driving without a license and I was completely sober I wasn’t on anything.

Donald C Eby
Donald C Eby answered on May 3, 2020

I recommend contacting an attorney to go to court with you. Chances are you will get a lot more leniency from the court if you have an attorney as opposed to showing up alone.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Divorced and got house. Ex had all rights to house taken away. Wont sign to sell. Is he responsible if seller backs out

Never filed quitclaim. All debt and proceeds of house are mine. Let on he wants half of sale

Donald C Eby
Donald C Eby answered on Apr 28, 2020

You may need to go back to Court to ask the Court to enforce the Divorce Decree. The court could hold him in contempt of court with a penalty of jail time.

It may be faster if you consult an attorney who could send a Demand Letter on your behalf and engage the Courts if needed.

1 Answer | Asked in Land Use & Zoning for Colorado on
Q: I run a 501c3 with horses on a 6 acre rural residential property in Douglas Co. Do I need a permit? Please advise?

I have a difficult neighbor who took me to court. I have a court order stating that I cannot operate the nonprofit outdoors. So, I'm looking to build a small indoor arena. I know my neighbor will do all she can to hinder my efforts, so I want to make sure I have all my legal ducks in a row.

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

Do you need a permit to build an indoor arena in unincorporated Douglas County? The likely answer is yes. You will need to build in compliance with the County Building codes and zoning.

You may want to contact a local attorney to discuss the facts of your situation and get clarity on...
Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: if an issue occurs to the property before closing what right does the buyer have to insist it be remedied before clos

Water leak & it’s under the laminate. Leak has been fixed but seller refuses to pull up flooring to allow subfloor to properly dry out to prevent mold then credit us for the resinstall so that property is in the same shape as when we signed the contract.

Donald C Eby
Donald C Eby answered on Apr 13, 2020

A Buyer has a right to receive the property in substantially the same condition as when the initial contract was created. If the property has been damaged between the contract and close dates, Buyer has a few options, i.e. close or not, and close and bring suit for damages after closing. Whether... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Are there any options to back out of selling our home in CO? Husband just lost his job due to COVID19. We close on 4/20.

We have signed the contract agreement and have already requested that the buyers push back our closing date. They did not agree to that so we are exploring every option possible.

Donald C Eby
Donald C Eby answered on Apr 8, 2020

A contract is a contract...Nevertheless, if you wish to terminate the contract or anticipate that you will likely not be willing to perform, you should contact an attorney to fully explore your rights, remedies, and risks. That needs to be a conversation which will explore various facts so it is... Read more »

1 Answer | Asked in Civil Litigation for Colorado on
Q: Is the delivery company responsible for damage to my driveway?

We had a delivery driver pull into our driveway during light snowfall to deliver our weekly food kit, at which time he damaged our pave stone driveway. My husband contacted the company within the hour to complain and they informed him that they contract out their shipments and we would have to work... Read more »

Donald C Eby
Donald C Eby answered on Apr 5, 2020

If the company damaged your property through the negligence of it's driver and you can prove it then you have a strong case and can compel the company to pay. However, it seems that your damages are $1,500 or less as such it is not likely cost effective to retain an attorney help and it is... Read more »

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