Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Donald C Eby
1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Received written and signed lease break fee and now they are requesting more, is that legal?

We gave 60 day notice and Manager typed up and signed a document stating that we gave 60 days and what our lease break fee would be a total 3530.00. After move out, our final bill came with an additional 1760 (additional month rent stating it was a charge from previous concession). We broke our... View More

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

The lease is the controlling document, how ever good or bad it is. Neither party has a right to unilaterally change the terms.

Good Luck.

1 Answer | Asked in Consumer Law and Real Estate Law for Colorado on
Q: a borrower has the right to prepay the principle amount in whole or part of without penalty except with consent of note

Holder,who may require compensation for adverse income tax consequences of such early payments. what is a borrower to say or do if note holder ask the borrower for alot of money ?

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

Either the borrower has the right to pre-pay without penalty or he does not. This should be defined in the terms of the Promissory Note. Lender does not have the right to unilaterally change the terms or demand more. If there is no written promissory note - Lender likely does not have the right... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I signed a lease agreement and the office leased my the apartment to someone else
Donald C Eby
Donald C Eby
answered on Mar 14, 2019

Do you want to sue for breach of contract?

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My landlord has violated multiple sections of the lease. Upkeep of appliances, upkeep and notice of entry. Recourse?

In the lease, it states that 24 hours notice will be given for repairs made to the property. On multiple occasions workmen have shown up unannouced. Most recently, one showed up announced and allowed my dog to escape the premises.

Next. An addition to the house was supposed to be completed... View More

Donald C Eby
Donald C Eby
answered on Mar 12, 2019

If your landlord is in breach of the breach you likely need to provide notice and opportunity to cure before you have the right to terminate. I recommend contacting an attorney to help you as the landlord may come after you for damages if he thinks that you have not properly terminated.... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: What document is there to show that myself and my brother are heirs of our great grandfather.

My great grandfather received a land patent in 1902 and we want to show that we are his heirs for a dispute we are having concerning him and his patent.

Donald C Eby
Donald C Eby
answered on Mar 10, 2019

This will depend on what documents your Great Grandfather, your Grandfather, and your Father have left WRT designating their heirs or the results of the probate of their estates.

As this goes back 4 generations an you are obviously attempting to take property from someone who believes...
View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I signed a lease, paid the security deposit & need to back out. Landlord verbally agreed to return deposit. Tenant resp?

Landlord verbally agreed to return deposit via phone, but now won’t take my calls and is saying no texts until he consults with his attorneys. What am I responsible for?

Donald C Eby
Donald C Eby
answered on Mar 10, 2019

You likely are not in a good legal position. The lease creates an obligation on the Tenant to pay the rent. The lease cannot be unilaterally terminated, but termination can be negotiated. Landlord had 30 - 60 days depending upon the language in the lease to return your security deposit from the... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I have a tenant who’s lease is up on the 15th. He does not want to move out that day and says he needs an extra month

wants an extra month to find a place to live cause the v.a. pays his rent. He has been a terrible tenant and knew when the lease was up. we have our 2nd court day on the 15th. does he have a case against me?

Donald C Eby
Donald C Eby
answered on Mar 8, 2019

You likely have a strong case, but you should have an attorney review the full file and possibly represent you in the court hearing.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I am on a lease that terms may 5th and requires a 60day notice. They are forcing a remodel to the unit to be done.

They are making us find a place to live while we store all our belongings in our garage while they renovate for 14 to 18 days. But are saying we have to pay for the full month of rent Still. Is this legal to make the tenant pay for rent while making them leave for renovations???

Thank you.

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

There is likely some LL abuse occurring here. I recommend you contact an attorney to draft a demand letter to be sent to the LL asserting your rights of sole and exclusive possession.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I gave my landlord a notice to move on April 1st. My landlord wants to take pictures to post online

I have all my belongings in the house

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

Unless your lease stated otherwise, you do not have to let your landlord in until you return possession.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Early lease termination. I’ve been paying off the ETF but they are not sending me invoices to show $800

They breached the lease frustration of purpose building not to code etc 800 pd to date on a 3920 ETF

I received the attorney referral for this issue.

Thank you

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

You don't seem to have stated a question.

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: If an estate has not been filed for more than five years after the death, is that legal?

My mother in-law helped us secure a mortgage for a home we shared with her. The loan is only in her name. We have paid for ever bill in association with the property and loan. Now my father in-law who doesn’t and hasn’t lived with us discovered the equity is in our home is sizable and is... View More

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

Ultimately, someone will have to Probate the Mother's Estate. If you have a lot of equity at stake I recommend you talk to an attorney to protect you in this process.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Does my lease require a 60 day notice if I’m not renewing my lease?

Notified leasing office today that I’m not renewing my lease that expires 4/3/19. Was told lease requires 60 notice so I can’t leave until 4/28. My lease says either party may term. lease at end of any successive term by giving 60 day notice. Does this also apply to the lease end date? It also... View More

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

If your lease requires 60 days notice then the LL may require 60 days notice, but only if your lease has such language.

You don't have to stay, but if you don't pay the rent for the entire period your landlord may deduct it from your Sec Dep or pursue you in a lawsuit for the amount.

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Probate for Colorado on
Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property

my mom committed adultery and left the marital home owned in joint tenancy 6 years prior to my dads death, my mom passed away 6 years later, both names are still on house deed/mortgage, they have 3 adult children, (neither had a will) moms boy friend claiming common law husband is trying to take... View More

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

This is a very valuable asset to you and your siblings. The facts are confusing, I recommend that you schedule a consultation with an attorney to discuss the facts and possible rights that you and your siblings may have against common law husband's claim.

View More Answers

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: my unit has new ownership, I'm on a month to month lease that expires at the end of this month. Won't I need a new lease

with new owners' names, details, where to pay rent? The only thing I have is text messages and emails.

Donald C Eby
Donald C Eby
answered on Feb 27, 2019

Your month to month will continue until either you or new owner give proper notice of termination of the tenancy.

The new owner should deliver info to you RE payment.

1 Answer | Asked in Land Use & Zoning for Colorado on
Q: Can a utility company put anchor cables in a right of way that partially impedes access to my property.

This is a follow up to a previous question, with better clarification. Two utility companies share a utility pole that is on the property line between me and my neighbors. The pole is not a problem. However, there are three cables, or guy wires / anchor wires, that stretch from near the top of the... View More

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

If there is no easement you should have an attorney send a demand letter to Century Link. This will ultimately force CenturyLink to prove it has a right or move the cables at its expense.

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Colorado on
Q: My ex property management screwed me over and come to find out I’m in debt and robbed me. Nobody can seem to help me.

I had a contract with my ex property management which stated the tenants who live at my home were supposed to be responsible for damages they caused to my home and the tenants were supposed to switch the metropolitan water, sewer and trash to their name and they never did. She robbed me and nobody... View More

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

You should initiate a breach of contract suit in Small Claims Court.

1 Answer | Asked in Consumer Law and Landlord - Tenant for Colorado on
Q: I am in a lease agreement and the owner has to sell the property. Is my current lease binding if the property sells
Donald C Eby
Donald C Eby
answered on Feb 15, 2019

A change of ownership does not change your rights under the lease.

1 Answer | Asked in Family Law and Landlord - Tenant for Colorado on
Q: How can I make my 44 year old son move out of my house.
Donald C Eby
Donald C Eby
answered on Feb 11, 2019

Unfortunately, if he has taken residence legally and refuses to leave based on your request then you'll need to formally evict him through the court system. The process begins with legally enforceable Notice. If you are unfamiliar with the process I recommend that you contact and attorney to... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Under CCIOA can you be grandfathered in and not pay dues if you own a lot prior to formation of association?

There was no HOA established when we purchased and we did not pay any dues as it was voluntary as stated in a letter to us in 1997 (2 years after purchase) as an association was formed and we were told it was voluntary. In 2006 we were told the association was under CCIOA and all homeowners were... View More

Donald C Eby
Donald C Eby
answered on Feb 10, 2019

Whether or not you are part of the Association, and thus required to pay dues, will depend upon whether or not you have allowed your property to be encumbered by the HOA Covenants. If no - no dues. If yes, you'll be subject to all HOA rules including the assessment of dues.

If you...
View More

1 Answer | Asked in Real Estate Law and Civil Rights for Colorado on
Q: I have gotton a ticket from a forest service officer in november 2018 for putting my gate back up he told me that i d

That i didnt have any right doing that the property has been in the family for years my father bought it from grandma back in 1970 he payed for a title insurace and water rights and back then the insurance policy took claim to the road so now sit waiting i havent been in front of a judge yet it... View More

Donald C Eby
Donald C Eby
answered on Feb 10, 2019

This could be complicated, I recommend that you at least spend some time with an attorney to review your title work and other documents to assess the validity of your defense prior to going before the court.

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.