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Questions Answered by Donald C Eby

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can my friend fight eviction from the home that his grandma bought for him to live in after her passing?

His grandma bought house for her and her grandson to live in and for her grandson to keep after she passed. Six months ago the grandmas daughters came to home with armed security guards and two members of local law enforcement and requested that the grandmother went with them. She agreed stating... Read more »

Donald C Eby answered on May 20, 2019

Evictions are a matter of contract or implied contract. This will turn on the exact reason in the Notice given as to what Grandson's defense may be. Grandson may have a defense that he is an owner and thus cannot be evicted.

He should consult an attorney to discuss the facts and possible...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: My landlord didn't tell me there was no heating system in my room or bathroom before I moved in. Can I break my lease?

She says no heating system can be installed and no portable space heater is allowed in my room. There is a heating system in the room (kitchen and living room) right next to my room. She says if I leave my bedroom door open and wear extra clothes, then I should be fine. However, the next room is... Read more »

Donald C Eby answered on May 14, 2019

You may have a Warranty of Habitability issue. But, this will be very fact intensive.

The primary issue is whether or not your LL will pursue you for damages if you abandon the lease. It is unlikely to be a financially viable case for the LL.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can I evict one tenant on lease but not the other tenant on lease?

I am having problems with one tenant on lease disrupting other tenants and would like to evict her. The problem that arises is I have two separate tenants on lease (One is adult daughter and One is her Mother). The problem tenants is the daughter. Can I somehow evict the daughter and keep the... Read more »

Donald C Eby answered on May 13, 2019

Yes - You can bring the action against one tenant - a smart Defendant would bring in the other tenant as a 3rd party defendant, but maybe she will not.

Likely, you'll ultimately sign a new lease with the single remaining tenant.

1 Answer | Asked in Real Estate Law for Colorado on

Q: How do we get the name of a financial lender off of the deed when the property is paid.

Our church bought 4 pieces of property. The first two we got financing on our own. The next two we got financed through a larger church organization that absorbed the first note and spotted us the money for the next two. We have since paid the loan off in full but the deed lists us and the other... Read more »

Donald C Eby answered on May 9, 2019

The lender will need to release it's claim. The type of security that was provided for the loan will determine the type of filing that needs to occur to release the claim.

This is likely a valuable property and worthy of retaining an attorney to ensure that the Church has full and complete...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: I own a mobile home but there is a lien on it can the landlord evict me if he is not the mobile home park manager.

Donald C Eby answered on May 9, 2019

Your facts are confusing. Whoever is identified in your lease as the Landlord has the power to evict you if you are in breach of the lease agreement.

There may be a separate issue between evicting the occupant of the trailer and evicting the trailer from the park.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Building transferred ownership one month into lease, dispute over validity of deal offered by previous owners. Options?

I viewed my apartment at the end of March. I was sent a quote for a lease starting a few days into April. Part of the deal according to the leasing agent was if I filled the application attached to that quote by a certain date, I would receive $1000 off the first full month's rent (May). I filled... Read more »

Donald C Eby answered on May 8, 2019

You are in a difficult spot. If the new ownership doesn't honor the deal you'll be faced with proving that the offer existed or paying the disputed $1,000. Hopefully, the sales person will testify on your behalf.

2 Answers | Asked in Criminal Law and Landlord - Tenant for Colorado on

Q: Is it a criminal charge for landlord shutting off my power

Donald C Eby answered on May 8, 2019

It is unlikely that the LL has the right to turn off your utilities.

I recommend contacting an attorney to respond to the LL and possibly bring a lawsuit against the LL to cover your damages.

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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Landlord wants to come in everyday from 2:30-6:30 to show property til closing day, Can she do that?

In our lease it says "landlord or agents may enter the premises at reasonable times to inspect the premises, make any alterations, improvements or repairs or to show the premises to a prospective tenant, buyer or lender." She texted me saying she will be showing the house every day from 2:30-6:30... Read more »

Donald C Eby answered on May 6, 2019

It is likely that a Judge would not consider this reasonable.

Do you want to hire an attorney to send your landlord a demand letter or otherwise contact your landlord on your behalf?

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Landlord did not want to accept rent because she wanted a plumbers bill as well, now she is adding late fees, can she?

tried to pay landlord rent on the 3 and she returned the check because she said we owe her for a plumbers bill that she called out to check her valves. after the 3 rent is considered late to her and 100 is add after the later date and 50 for each other day its late. tried to pay the rent again on... Read more »

Donald C Eby answered on May 6, 2019

If landlord attempts to evict you based on failure to pay rent, you will want to bring these facts to the attention of the Judge. You may want to hire an attorney to help you prepare for the hearing or to defend you at the hearing.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can a landlord legally rent a room that has no heating vents/ducts- no heating source at all?

I know a landlord who is renting out a room that has no heating ducts/vents/pipes etc. It was a struggle for the tenant to even be allowed to use a space heater in the room. I'm wondering if there are any laws about this?

Donald C Eby answered on May 5, 2019

There could be several issues here ranging from possible zoning violations to possible violation of the warranty of habitability. But is there a specific law requiring a heat duct in the space, if so it will be a city specific ordnance.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: can a private tow company tow a car from a private lot without proper notice in Colorado

Donald C Eby answered on May 4, 2019

It is not likely that notice to the owner of the vehicle would be required if the tow company had proper authorization from the owner of the lot.

2 Answers | Asked in Civil Litigation and Contracts for Colorado on

Q: Do new owners take over existing contracts from old businesses?

We signed a contract for some kitchen remodeling and put around 2000 down. Franchise got sold and new owners are saying they don’t have to honor the contract. Can someone help me?

Donald C Eby answered on May 1, 2019

Maybe. Someone has an obligation per the contract, either the buyer or the seller depending upon the specifics of the transaction and your contract.

You should have an attorney review your contract and likely send a demand letter to other contractor.

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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: I need to break my rental lease early can this be done I live in Thornton co

Donald C Eby answered on Apr 27, 2019

A lease is a contract. If you don't fulfill your obligations under the contract the LL will decide if he is interested in pursuing you for damages. That said, you could attempt to negotiate a mutual termination of the lease. If you are successful then you would not breach the lease and would not... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: landlord threaten to evict me and family if i didnt get an abortion as she demanded, its against my religion

my landlord has agreed since novemeber of 2018 to accept weekly partial payments from me, now after finding out i am pregnant she threatened to evict me if i didnt have an abortion like she demanded and stated she would pay for... she also knows that i have a 5 year old daughter that i would do... Read more »

Donald C Eby answered on Apr 27, 2019

An eviction is a fairly technical matter. A landlord must show not only that term of the lease (even verbal) was breached and that legally sufficient Notice and Opportunity to cure was delivered and no cure occured.

Likely, this week is you opportunity to Answer the Complaint where a trial...
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1 Answer | Asked in Real Estate Law for Colorado on

Q: what notice should be given to terminate a month to month lease after 9 years renting a private home in Colorado.

I believe it should be 90 days after 1 year

Donald C Eby answered on Apr 25, 2019

The notice requirement is not based on the length of time that the tenant has been in place. The notice requirement is based upon the type of lease in place.

If you have a month to month lease the Notice requirement is 21-days prior to the end of the current lease term.

Notice is...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can I hold my tenant responsible for damages to the house if I dont have a contract?

I am a renter and dont have a contract with my tenants. My landlord is withholding an amount from my deposit of some damages caused to the home which I intend to split with my other tenants. If I dont have a contract with them but they paid a deposit, can they refuse not to pay? Then what? Do I... Read more »

Donald C Eby answered on Apr 24, 2019

You have contractual obligations to your Landlord.

Your tenants (subtenants) have contractual obligations to you (sublandlord) even if the contract is verbal.

If your subtenants don't comply with the agreement and/or you ask them to leave and they don't then you'll need to get the...
Read more »

1 Answer | Asked in Land Use & Zoning for Colorado on

Q: I live in Pueblo County and have land that is directly west of me and has been purchased and surveyed by the buyer.

He states my fence line is on his property. The fence has been in place for over 18 years and would fall under Article 41 of Colorado Revised Statutes 2016 TITLE 38. It would seem to me that the property in question would be mine under adverse possession. What would I need to do to prove this?

Donald C Eby answered on Apr 23, 2019

You should contact an attorney to discuss bringing a Quiet Title Claim based on Adverse Possession.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Landlord threatens to call Sheriff and change locks (see details below).

The landlord owns the home were were renting and decided to move back in at the end of our lease. We found a new rental and decided to move out 13 days before our current lease ended because Colorado weather can be tricky in the month of April. We’d fulfilled our lease and were never late. The... Read more »

Donald C Eby answered on Apr 17, 2019

No - but you may be entitled to your 6 days of rent.

Additionally, the LL has a duty to comply with the CO Sec Dep Act or he may face triple damages for not properly accounting for your security deposit.

If you are unfamiliar with this rule you should contact an attorney if you fee...
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1 Answer | Asked in Real Estate Law for Colorado on

Q: how do i add a parcel number to a filed qcd that only has the address?

Donald C Eby answered on Apr 16, 2019

You'll need to file a corrective deed.

1 Answer | Asked in Construction Law for Colorado on

Q: Purchased new home 2019. Weeks later the house is getting cracks in the walls, ceiling fell due to snow, shingles off.

Builders wont return calls, texts or emails. Not letting us know who the 3rd party warranty people are. They are now in another state. what is the next step to take? I am completely lost. How to I get my house fixed? Sub contractors weren't paid during build process either.

Donald C Eby answered on Apr 12, 2019

You have substantial damage to your new home! Likely this falls under the Colo Const. Defect Act which allows you to claim 3X damage if a builder is uncooperative.

You should contact an attorney to discuss this process before your home is further damaged.

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