Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Donald C Eby

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Tenant's girlfriend is not on the lease, but she is the only one that stays here. Some damage was caused. What to do?

Landlord here. I have a tenant on my lease. Lease does not allow subleasing. His girlfriend is not on the lease, but has been the one staying on property. She's been living in the room for ~50 days. There is another month left on the lease. Because he is paying I've been allowing her to stay.... Read more »

Donald C Eby answered on Jul 17, 2019

Your tennant (him) is responsible for the damages that occur during the course of his lease.

1 Answer | Asked in Real Estate Law for Colorado on

Q: If two properties are divided by a chain link fence, can one neighbor remove that fence? Because they want to?

Donald C Eby answered on Jul 12, 2019

This is a more complicated question than you may think. The answer depend on who owns the fence and whether or not the fence is actually on the property line.

Getting the answer to this may take some research.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: How much time do we have before our landlord can take legal action against us?

My dog bit a child and our landlord wants him out of our apartment. We don’t want to give him up and our landlord said she would give us a month before we must move. Is a month legally enough time? After the time frame what can our landlord do?

Donald C Eby answered on Jul 12, 2019

Can your landlord evict you because of your dog's actions? That depends on the language in the lease agreement. If he/she does pursue the eviction he'll have to prove that you violated the lease and/or he properly terminated (in writing) and his Notice is legally enforceable.

If you...
Read more »

1 Answer | Asked in Employment Law and Civil Litigation for Colorado on

Q: Won a labor case and then won the appeal Recieved the final order and decision Now served with a civil summons

Does the Certified Final order and decision Trump the civil summons for this case.?

Donald C Eby answered on Jul 9, 2019

It is really impossible to answer your question based on the scant facts. You have been served with a lawsuit, even if the lawsuit is a loser (for the Plaintiff) you must answer and assert your defense. I recommend that you contact an attorney to review the facts of the first case and the... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: payment for rent was due on the 4th I tried to pay my rent on the 5th added late charges, the 4th was a holiday can this

Donald C Eby answered on Jul 9, 2019

Can a Landlord charge late charges if the due date is a holiday? Depending upon the language of the lease agreement the likely answer is yes.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on

Q: If you leave property and landlord rents it out before your lease ended, is new end date when next renter moved in?

One year lease through 30 June 2019. We notified landlord of our intent to vacate the property one month early back in April 2019. Landlord showed property several times prior to our move out and found a new renter to begin leasing on 1 June 2019. We were not charged rent for June because we were... Read more »

Donald C Eby answered on Jul 2, 2019

The Courts will not allow landlord to double dip by charging you June rent while collecting rent from the new tenants.

WRT when does the 60 days start for purposes of the Sec. Dep. Accounting, likely not until the new tenant took possession. This is a common fight. The bottom line is that...
Read more »

2 Answers | Asked in Divorce and Real Estate Law for Colorado on

Q: Will I be legally responsible for a house my husband who I am no longer living is buying in a different state?

I moved from Florida to Colorado and cannot file for the divorce until I have lived here for 90 days. We have already split our money and he will be paying for the house with his money. I have been asked to sign a paper saying I have no claim to the house. Does that protect me if he defaults or if... Read more »

Donald C Eby answered on Jul 2, 2019

If you are contemplating divorce, I recommend that you contact a family law attorney to discuss the ramifications of signing that document.

To answer your question, will you be financially responsible for the home? No, not unless you sign as a co-signor or guarantor on the mortgage, etc.

View More Answers

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can a landlord force tenant to pay rent early for rent being late the prior month.

Apartments said we have to come up with late rent and next months rent or they will deny payment.

Donald C Eby answered on Jun 28, 2019

Does the landlord have the legal right to accelerate the due date of future rent payments? No, not unless his lease agreement specifically provides this right.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: What are the legal remedies for a NEW tenant when bedroom carpet reeks of urine and room has been unhabitable 30+ days?

What are my legal remedies for the following situation:

Upon move in, I noticed that one bedroom in my rental three bedroom townhome reeked of urine. Renter's Warehouse hired a cleaner to resolve the issue. The cleaner used a blacklight and there were many, many large urine stains. The... Read more »

Donald C Eby answered on Jun 25, 2019

This is unfortunately not an uncommon issue.

Simply withholding rent is not a good idea and will likely get you evicted.

Google the Colo Warranty of Habitability. The Colo Legislature just this year significantly strengthened tenants rights WRT Warranty of Habitability....
Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: We purchased our town home in August 2018. We just received an assessment for $2936.62 to be paid by August 15, 2019.

This assessment is for a 20 unit fire that happened March 26, 2018 when we didn't even in own our home. Our insurance will not cover this assessment being we didn't have possession at the date of loss. Are we required to come out of pocket to pay this?

Donald C Eby answered on Jun 25, 2019

The unfortunate answer is yes. When it comes to HOA assessments the owner at the time of the Assessment not the underlying damage is responsible for paying the assessment.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Landlord stopped payment on security deposit and threatening to take more after new tenants claim carpet smells

We moved out of the home we were renting last month and bought a home. Two days ago, the landlord emailed and gave us a written list of the walkthrough and how much of our security deposit we would be receiving. Today, we receive another email stating that they put a stop payment on the check... Read more »

Donald C Eby answered on Jun 23, 2019

The issues you bring are valid and likely defenses should this matter go to Court. I recommend you google the Colo Sec Dep Act as it provides stiff penalties for Landlords who do not properly handle and timely provide a written accounting of any security deposit amount withheld for damages.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: I came home in 6/20/2019 to a notice to quit on my door. What can I do?

Donald C Eby answered on Jun 23, 2019

There are not enough facts here to offer any assistance.

Maybe you should contact an attorney to review your lease and the Notice and discuss your options.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Hi! I live in an apartment in Colorado and to pay rent we have an online portal and mays rent somehow went missing

I paid May's rent through my apartments online portal and got a notice the following day saying that I still needed to pay rent. I emailed them the email confirmation that the apartment sends out (with a confirmation number) after paying through the online portal along with a pdf file of my bank... Read more »

Donald C Eby answered on Jun 20, 2019

Withholding June's rent will get you evicted.

Proof of the payment RE May rent will be a defense to any future claim on non-payment.

1 Answer | Asked in Real Estate Law for Colorado on

Q: Is it legal for a property owner to adjoin his gravel driveway onto our existing private paved drive without permission?

A property owner's land abuts our property. Between our paved road and this neighbors property lies our drain swale and right-of-way. Without our permission, he presumed to dump a load of gravel to build his own access onto our private, paved road. He is now damaging the edge of our pavement when... Read more »

Donald C Eby answered on Jun 18, 2019

You should contact an attorney to review the facts. A neighbor like this may respond to an attorney's demand letter explaining that if he continues his current action he will be sued, he will lose, and it will be expensive for him. Or he may not and you may have to bring the lawsuit to prevent... Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: Need help with a real estate contract for my 84 year old mother in law. Listing period has no dates. Can we cancel?

The sellers agency contract has no dates in the listing period of the contract, section 3.6.. We are unhappy with the performance of the agent can we cancel after 45 days of being on the market but no term was ever entered. Both parties signed the agreement. This was the only data missing and no... Read more »

Donald C Eby answered on Jun 16, 2019

LIkely yes. But, most brokers are willing to grant a mutual termination of the seller is not happy with their performance rather than risk a lawsuit. If the Broker is uncooperative your Mother-In-Law should bring the listing agreement to an attorney to evaluate and likely send the broker a demand... Read more »

1 Answer | Asked in Real Estate Law for Colorado on

Q: I plan to purchase a home in CO with my (adult) child, splitting the down payment, mortgage, and all costs 50/50.

I'll be contributing cash and she'll be securing the mortgage, but I'd also like to be on the deed. Can this be done without my name on the mortgage loan? Also, if I should die, can my 50% be automatically split between the child I co-own the property with and my other (adult) child? Is there a... Read more »

Donald C Eby answered on Jun 16, 2019

You definitely should be named on the Deed, to protect your investment. Yes, you can obtain a mortgage obligating only one individual but take title to the same property in the name of two individuals. You risk that you will be wiped out should the lender need to foreclose.

You'll need to...
Read more »

1 Answer | Asked in Small Claims, Civil Litigation, Landlord - Tenant and Libel & Slander for Colorado on

Q: What action to take when forcibly kicked out with no notice?

My landlord on a month to month single room rental that had no lease kicked me out of the house mid month with rent completely paid up to the end of month. He gave no notice at all and forced me to leave immediately without getting all of my belongings, he also forced me to give back my house key... Read more »

Donald C Eby answered on Jun 16, 2019

You may want to bring a claim for damages in Small Claims Court.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: How much of the carpet replacement cost am I liable for after living in a home for over 3 years?

I recieved a move out statement from a collection company stating that I owe for damages and full replacement of the carpet. I lived in the home with my friend, his wife, their two kids, and a dog. We paid a pet deposit, and pet rent every month the entire time of living there. I know there were... Read more »

Donald C Eby answered on Jun 16, 2019

If this issue went to court, even if the carpet was new when you moved in, it is unlikely that the court would hold you responsible for more than half the cost of the carpet. Generally, carpet is expected to have a 7 year normal lifespan. As such, half of the useful life of the carpet was... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: What is the length of notice a landlord must give for a notice to vacate?

We have lived in our home just short of four years, first year was on a lease, now we are just a holdover. Two weeks ago Landlord put the house up for sale, within days it was under contract. The home inspection is Saturday. I am told to expect a 30-day notice after it is completed. I read CRS... Read more »

Donald C Eby answered on Jun 14, 2019

The statue that you refer too is often misunderstood. Whether or not you have the right to 90-days notice is dependant upon your lease (even though you think it is expired).

If you refuse to move based on the note, the Landlord may bring an eviction action at which time you'll have the...
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: I put in my 30 day notice that I would be gone by 6/15/2019 but I paid for the whole month can't I stay until the 25th

Two or three months ago our lease came up and my husband talked to our landlords husband about month to month lease and he said it was fine. We go on the rest of the month thinking everyone is on the same page until he gets a text from his wife asking for our 30 notice and how she isnt comfortable... Read more »

Donald C Eby answered on Jun 14, 2019

If you paid for the entire month and your landlord accepted your payment you may have a strong defense to an eviction initiated by your LL.

It is unlikely that your Landlord has the right to invade your space to clean and prepare for next tenant. Review your lease.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.