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 Landlord - Tenant for Colorado on
Q: I rent a townhome. I notified my landlords in writing about a mice infestation starting in June.

I notified my landlords in writing when I had caught 10 mice and found they were coming in through the actual structure. They have been lackadaisical in their response to the handling of this. The HOA is responsible for the outside and the exterminator has been very incompetent. I have stayed as... View More

Donald C Eby
Donald C Eby
answered on Feb 6, 2019

Can you force your landlord to pay for your actual costs of destroyed property? Maybe

Can you force you landlord to pay your costs of moving? Not likely

Can you terminate your lease based on the rodent infestation? Yes, you should review and follow closely the procedure set forth...
View More

1 Answer | Asked in Civil Litigation and Public Benefits for Colorado on
Q: Can you change your mind the next day and ask the courts if you could remöve your name off the contract?

Landlord would not downsize me to a one bedroom. My section 8 voucher was lowered from a two bedroom and I couldn't afford it and I fell behind in rent . furthermore, the contract states I must vacate after paying incorrectly charged costs 28 days they want $1500 and no money to move with and... View More

Donald C Eby
Donald C Eby
answered on Feb 6, 2019

You can file a motion for reconsideration or request the court to reject your stipulated settlement agreement.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: Does a utility company need an easement for a utility pole anchor wire that prevents access to my carport?

I have an alley-accessed garage and carport. There is a utility pole on the property line between me and my neighbor. Two guide wire/cables are anchored about 10 feet from the pole, in the direction of my property, at roughly a 30-40 degree angle, to the pole. As a result, the cables prevent... View More

Donald C Eby
Donald C Eby
answered on Feb 6, 2019

Can the utility maintain its wires on property that it does not own or have an easement to utilize? No - this is called trespass.

If you don't find a recorded easement you may want to consult with an attorney to review the facts and land records and advice you on a course of action...
View More

1 Answer | Asked in Contracts and Construction Law for Colorado on
Q: Can I withhold final payment from my contractor until the work passes inspection?

I hired a licensed contractor to replace the roof, siding, gutters, and garage door. I think he pulled the permit for the roof after the fact. The Permit is dated Dec 2018, but work was done Oct 2018. The roof failed inspection. They just finished my siding, and when I asked when the inspection for... View More

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

Generally, withholding payment is the only leverage a homeowner has against such contractors.

1 Answer | Asked in Construction Law and Real Estate Law for Colorado on
Q: What are my rights when living in a house we are remodeling for owner and only pay rent when not able to work on house

Agreement was my husband remodels house in side and out in exchange for rent 700 month utilities included when work hours do not add up to 700 we pay the difference has been working out for 5 months and then out of nowhere they are saying the rent is 900 utilities are not included and suggested if... View More

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

Hopefully you have a written lease to validate the $700/mo plan. Otherwise, you likely have a month to month lease which allows either party to change the terms of the lease on very little notice.

Good Luck!

1 Answer | Asked in Small Claims and Real Estate Law for Colorado on
Q: Can I be reimbursed for a Warranty Deed if the seller defaults?

Apparently the seller was a third party, and I have been paying her monthly installments for a parcel of land in Colorado. Come to find out, she has not been paying. Was recently notified by the actual owner of the land that she defaulted. Can I file against the seller that I signed a contract... View More

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

You may have a fraud or a breach of contact case. You should contact an attorney to discuss the details more specifically.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I've read if no rental lease, have lived in home over a year, no violations,still paying rent..you have 91 days to

Vacate...

6mos to a year...28 days ...1 mo to 6 mos 7 days....Etc...

If I could attach article on Buildium I found I would

Donald C Eby
Donald C Eby
answered on Jan 30, 2019

The statute is not clearly written.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: After 11.5 years of paying rent on time every month I'm being asked to leave my rental home...last 6 years

We've not had a lease, going month to month...how much time do I have? 21 days or 91 days? Thank you

Donald C Eby
Donald C Eby
answered on Jan 30, 2019

Unless your expired lease modifies the notice obligation you likely fall in the 21 day requirement of a month to month lease.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I've rented home for 11.5 years...going month to month last 6 years..no lease..I've been asked to leave.do I have 21 day

Or 91 days like I've read..I've never missed a rent payment...they want to turn home into VRBO.thanks

Donald C Eby
Donald C Eby
answered on Jan 29, 2019

Unless your previous lease creates something different you have a 21 day notice period, but be careful how that is calculated, i.e. if notice is delivered today you likely have until the end of Feb.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My lease lapsed, I moved out and somebody moved into my bedroom with my old roommates. No new lease was signed.

I signed a 1 year lease in Colorado with two other roommates in July 2017, it ended August 2018. We continued to pay our rent, but never signed a new lease. I believe this is called a lapsed lease. I moved out at the end of October to Dallas. I paid rent for November and found somebody to move into... View More

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

It is likely that the Landlord is in violation of the Colo Sec. Dep. Act. Perfecting a claim begins with a 7 day demand letter.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: The landlord has 60 day to return my deposit. Does the 60 days start when I moved out or after the new tenant moved in?

I moved out before my lease was up. But continued to pay until a new tenant moved in.

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

When the 60 day clock starts to run is often the issue which wins or losses a Sec Dep dispute. The 60 days begins to run when the lease terminates. That could be on the natural termination date, the date that the landlord and tenant mutually agreed to terminate the lease, or (generally no later... View More

1 Answer | Asked in Banking, Contracts and Real Estate Law for Colorado on
Q: Closed on re-finance last night. Was called today and told underwriting is voiding the loan. I have a signed agreement.

I have 3 days to rescind the deal. Does the mortgage company have the same opportunity in Colorado? I have not received any funds. The funds were scheduled for transfer 3 days after closing. Do I have any re-course?

Donald C Eby
Donald C Eby
answered on Jan 25, 2019

It depends on exactly what the loan docs say. You may want to have an attorney review the loan docs and potentially help you with a demand letter or law suit.

1 Answer | Asked in Real Estate Law for Colorado on
Q: So I was buying a house from my uncle he signed the contact and gift of equity with his daughter to witness it.

He signed it 12/17 closing was the 31st he passed on the 22nd. Now his daughter is saying we can't buy the house. Do I have any rights here. We have put 25000 into the house

Donald C Eby
Donald C Eby
answered on Jan 23, 2019

Yes you have rights. You have a contract to buy the home and you may enforce that contract against the estate. If the daughter is unwilling to cooperate you should contact an attorney to assist you in resolving this matter.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I need answers about rental

I have a month to month lease for a room I rent for my massage business. I've been there for 3 months. The last 2 months have been very uncomfortable. I'm trying to give notice to leave bc the owner has become aggressive and hostile. I would like my security deposit back and she's... View More

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

Take a look at JDF-97.

The statutory notice requirements were extended to 28 days recently.

But, if the written lease requires a longer notice period that may prevail.

Good Luck!

1 Answer | Asked in Real Estate Law for Colorado on
Q: when is a lease terminated in Colorado? is it at the end of the term or can it be terminated before the end of a lease?

lease term was till July 31 2018, gave notice may 30, returned keys and vacated property on June 4. Received security deposit letter stating he was keeping all my deposit on august 23, so 80 days after surrender of premises. gave 7 day demand letter with intent to sue, deposit was not returned.... View More

Donald C Eby
Donald C Eby
answered on Jan 21, 2019

You have the right to appeal. But, based on the facts you present, I do not expect it to be successful. The issue here is when did the lease end. Your providing notice and returning the keys is not a termination of the lease without the landlords agreement to termination. He accepted possession... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: colorado what is the purpose of the 48 hour wait before issuing writ of restitution on fed in adams county, colorado?
Donald C Eby
Donald C Eby
answered on Jan 21, 2019

The purpose is to give the Tenant an opportunity to comply with the Order prior to involving the Sheriff. This is a statutory issue.

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Colorado on
Q: How can A company enforce a mutual binding arbitration agreement, If I was terminated two days prior to signing the form

I was suspended from work for not signing The companies mutual binding arbitration agreement, Two days prior to my return to work I was terminated by the company. For not signing the agreement, I had been employed by this company for about 19 months. How can a company enforce such an agreement??

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

If you have not agreed to an arbitration agreement the company will not be able to compel arbitration.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Under § 38-12-103. Return of security deposit do they have to send certified mail if they are withholding??
Donald C Eby
Donald C Eby
answered on Jan 16, 2019

Certified Mail is not required by the statute. But, traceable mail is a good idea for a landlord.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Colorado on
Q: Does my mom have to sell my dad's estate after probate? He had 3 kids prior to marrying my mom & they then had 4 kids.

My dad passed away June 2018. He had no will, only his name is on the house (which is paid off). My mom lives in the house as she was married to him for 39+ years. My dad had 3 kids prior to marrying my mom, then 4 kids with my mom. All 7 'kids' are over 21 years old. We all agree... View More

Donald C Eby
Donald C Eby
answered on Jan 14, 2019

It is not likely that a probate under these facts will result in a forced sale. But, if the estate is contentious, i.e. someone wants money, your Mother should hire an attorney to assist and defend her.

2 Answers | Asked in Real Estate Law for Colorado on
Q: Had an inspection & found out the water heater/furnace weren't new, when the listing said they were. Anything we can do?

The listing stated brand new water heater and furnace. There was also a note on both saying they were new. After putting in an offer and going under contract we found out during the inspection that the furnace was at least 10-15 years old, and the water heater was 8. We're upset because we... View More

Donald C Eby
Donald C Eby
answered on Jan 9, 2019

If you are using the CO Real Estate Commission Buy/Sell Agreement this form provides you the opportunity to renegotiate or terminate the contract based on the results of your inspection. If you are using a Broker he/she should be able to help you with this, if not you may want to consult an... View More

View More Answers

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.