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Questions Answered by Donald C Eby
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
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
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... View 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... View More

Donald C Eby
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
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... View More

Donald C Eby
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...
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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
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... View More

Donald C Eby
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
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
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.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is it legal in colorado to charge late fees during a 3 day notice? They added $60 more than what was written on notice
Donald C Eby
Donald C Eby
answered on Apr 12, 2019

So long as it is agreed to in the lease, this would be allowed. But, charging these fees and accepting partial payment could invalidate the 3 day Notice if LL attempts to initiate an eviction action.

I recommend contacting an attorney if you are served a summons and complaint.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I have a notice to quit in 60 days landlord is a jerk very abusive and harassing. When asked for a week grace period?

I asked him to calm down talk to me in the morning in a text about a grace period and he continued to be a harassing jerk insulting me, accusatory words that aren't true. So question is I need to get out of here due to the hostility and anger I've had too many times with him. I've... View More

Donald C Eby
Donald C Eby
answered on Apr 7, 2019

If you are in fear of your health or safety you should go to the court to get a restraining order.

If you do not pay the rent as due the LL may issue a 3 day demand for rent or possession.

If your LL has an attorney working for him you should consider hiring an attorney to represent...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is the notification that we sent to our tenant enforceable? Can we deduct unpaid rent from damage deposit? We are in CO.

We had a month to month lease with our tenant. We have decided to sell our house and requested she move out to list the house. On March 4th, we gave her 45 days in writing, with a final moveout date on April 17th. (she was paid through March). We also stated that her rent would be prorated for... View More

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

Are you likely to win in Court if you sue for the partial April rent? On a Month to Month contract with does not specifically require notice - No.

Can you withhold unpaid rent from a security deposit if the lease is silent as to your specific rights here? Yes - assuming you have the right...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a property manager change a lease after it is signed by all parties?

I have a new lease that was signed by both lessee and lessor on April 1st allowing a move in date of April 12th. Now the property manager is saying the last tenant is staying month to month and we can't move in until the 30th. The old tenant gave notice to move, do they have a claim to lease... View More

Donald C Eby
Donald C Eby
answered on Apr 4, 2019

Do you want to sue the landlord to enforce your contractual rights?

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How is the 21 day notice calculated if the tenant gives the notice on the 15th and the monthly rent is due on the 1st
Donald C Eby
Donald C Eby
answered on Apr 2, 2019

The statutory notice requires no less than 21 days notice prior to the end of the current rental period, i.e. month. Thus, on a lease that begins on the 1st of each month to terminate the lease at the end of that month Notice must be delivered prior to the 10th.

3 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Colorado on
Q: My ex gave me a dog as a Christmas present. We lived together with the dog for 3 years, He's claiming rights to her now.

After he gave her to me I paid all the vet bills, micro chipping, injuries, dog food etc... She was bought off Craig's list in cash by his mother. I have her in my possession now but I'm scared of what he's capable of doing now. We originally made a verbal agreement to share her but... View More

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

Refuse?

Lawsuit to determine ownership?

Restraining Order?

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My landlord will not pay for roof repairs

We are under a contract with her that she buys all materials and we do the work for her this contract ends in November 2019. She is refusing to give us the money or materials to fix the roof that is in our contract and will not fix the rest of the roof that is not in the contract. She wants us to... View More

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

Will your landlord be successful in an eviction hearing? This depends on how good your lease is. The LL has no right to unilaterally change the terms of a written term lease agreement. But, if your lease is a month to month lease and the LL gives proper notice of the change in terms she does... View More

1 Answer | Asked in Land Use & Zoning, Civil Rights and Landlord - Tenant for Colorado on
Q: Does mngmnt have the right to go on to our property, or, at wat point can code enforcement just go without notice?

The manger is trying something stuff to us that isn't right

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

Code enforcement is outside of the control of your landlord.

2 Answers | Asked in Construction Law for Colorado on
Q: Between a general contractor and their client, who is the most liable for paying sub-contractors?

If a GC settles with a client for less than what is owed on work completed, from whom do the subs collect what they are owed?

Donald C Eby
Donald C Eby
answered on Mar 22, 2019

Generally the General Contractor has direct privity of contract with the Subs and is thus responsible to pay them.

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord require payments for an empty residential rental without making any attempts to re-rent?

We moved out in months ago after buying a house and our lease runs through April. We have an email from the landlord a month prior to our departure stating she was refusing to re-rent it, but everything we have read says that a landlord must make attempts to re-rent it if the home is empty. We have... View More

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

If the landlord wishes to pursue you in court for a judgment to collect unpaid rents, he'll have to proove that he attempted to relet the property.

Good Luck!

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I the owner would like to terminate my tenants lease ( to dale or move back in ). Can I do that in Colorado ?

My tenants have a two year lease but I’d like them out early

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

Likely not. Whatever your lease is, month to month, annual , etc. however good or bad it is, written or verbal is the lease. The landlord does not have the right to terminate because he wants to move back in. But, he can terminate based on mutual agreement or breach of the terms of the lease.... View More

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