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Questions Answered by Donald C Eby
2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on
Q: I am a visitor at an apartment complex and are demanding medical history to prove need for my service animal. Can they.?

I am visitor at the complex and they asked for proof of my residency which I have provided. They also asked for proof my dog was a liscenced service animal which I also provided his papers and liscnese number. They responded by saying they needed medical history or a legal document proving my... View More

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

Basically - Yes they can.

The issue is not only that your dog is actually a service animal but you must also prove that you have a disability which the dog in some way alleviates.

Housing rules are slightly different from ADA rules which deals with public issues.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: My cousin is buying 2 homes in Puerto Rico I have my real estate license in Colorado Is there any way for me to get paid

Can I earn real estate commissions on sales in Puerto Rico without taking there exam

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

You may be able to work with a PR broker and get paid via a referral.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can our landlord give permission for anyone he wants to enjoy the land our house is on?

We rent a house in Colorado that's on 11 acres. Our landlord let's his friends, family and our neighbors come by any time they want to hunt on the land. It wouldn't be so bad, but they have to drive right by the house when they come over and it's very annoying. They even come... View More

Donald C Eby
Donald C Eby
answered on Jan 3, 2019

You will need to review your lease, or have an attorney review your lease and advise you as to your rights in this issue. The primary question will be did you lease the entire 11 acres, if so the landlord has no right to use the land unless he carved our some rights in the lease; or did you only... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Does Colorado Springs Colorado have only 1 "approved" contract used for buying and selling of real estate?

can one draw up their own contract?

Donald C Eby
Donald C Eby
answered on Dec 22, 2018

You can use any contract that you want, but beware you are stuck with the language in the contract however good or bad it may be.

If the real estate is valuable I recommend contacting any attorney to assist you on a low flat rate for contract drafting.

1 Answer | Asked in Civil Litigation for Colorado on
Q: I own a powder coating company. A customer is claiming that a project I powder coated failed in the field.

I charged approximately $300 for his project. He wants me to pay him in excess of $4,000 for the costs to repair. What is the extent of my liability?

Donald C Eby
Donald C Eby
answered on Dec 19, 2018

Hopefully, your contract limits your liability. Seems unlikely that your $300 job created $4,000 in damages. If you get sued you should contact and attorney to defend you.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Colorado on
Q: Is joint tenancy the same as right of survivorship and do quitclaims within the group change the conveyance upon death?

My understanding of Colorado law is that only the last sole survivor of a joint tenancy can be the grantor of property to a beneficiary upon his/her passing. But if one or more original owners quitclaims their portion to others within the original group of joint tenants, does the right of... View More

Donald C Eby
Donald C Eby
answered on Dec 16, 2018

The chain of title will need to be examined to definitively answer your question.

There is a likelihood based our the facts stated that the Right of Survivorship remains valid.

1 Answer | Asked in Real Estate Law for Colorado on
Q: What can be done to force HOA to enforce covenant disallowing business to be run out of residence?

Resident/Homeowner running business out of house. This activity is specifically addressed in covenants and disallowed. HOA initially reported that business was in violation and that enforcement action would take place to assure compliance. HOA also stated that it was not in compliance with city... View More

Donald C Eby
Donald C Eby
answered on Dec 14, 2018

Are you ready to bring suit against the HOA to demand it enforces the covenants?

1 Answer | Asked in Civil Litigation and Criminal Law for Colorado on
Q: What can be done to stop a person from harassing another? Besides stopping the behavior what damages may be collected?

Individual known to be dangerous, is stalking my friend. He appears at the grocery store and terrifies her! He talks to her against her wishes, after she has told him to stop and leave her alone. He is a convicted felon, who has spent time in prison. He talks about having guns, is believed to be... View More

Donald C Eby
Donald C Eby
answered on Dec 7, 2018

She needs to obtain a Protective Order.

5 Answers | Asked in Business Law and Real Estate Law for Colorado on
Q: Retail Business Space Lease

I have an existing business that is an LLC and we are moving to a new location for our business. In the new lease it calls out in our addendum for both LLC members to give a Personal Guarantee, does this negate the personal property protection that our current business LLC gives us? Should we seek... View More

Donald C Eby
Donald C Eby
answered on Nov 27, 2018

The personal guarantee makes you personally liable for the debt, i.e. if the business fails the landlord can bring suit against the guarantors for payment of damages personally.

I always attempt to negotiate out personal guarantees. If the guarantee cannot be eliminated it may be reduced...
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2 Answers | Asked in Landlord - Tenant for Colorado on
Q: Hot water heater broken, no hot water for 5 days, 24 apts. Can I deduct 5 days of rent as part of their 'failure'?

No notice was given to tenants until 2nd day. After calling the Mgmt. Company, Answering service gave me details. Is it within my tenant rights to...either charge them for hotel room, or ask for credit for the 5 days of no hot water...certainly part of their 'commitment' to me.

Donald C Eby
Donald C Eby
answered on Nov 25, 2018

Not likely, But you could perfect your Warranty of Habitability Defense if Landlord does not repair in a "reasonable" manner.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Is there a way to compel someone whose name is on the title of a house to sell if the other three named owners have

decided they want to?

Donald C Eby
Donald C Eby
answered on Nov 19, 2018

Yes - Partition Action. A court can order the property to be sold and the profits divided.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I have a tenant that had a month to month lease. Gave 30 day notice and paid half months rent. let a friend move in.

no lease. The other person already moved out. how do I get this person out? The apt. is already rented.

Donald C Eby
Donald C Eby
answered on Nov 19, 2018

If you have asked them to leave and they refuse the only legal process is to process a Judicial Eviction.

This starts with legally sufficient Notice.

Good Luck!

2 Answers | Asked in Business Law, Construction Law and Contracts for Colorado on
Q: Our company bid a job and now no longer has time to do it. No contract signed and contractor wants to sue for damages?

Is it possible to be sued for such a thing. We spoke but never signed anything.

Donald C Eby
Donald C Eby
answered on Nov 19, 2018

It is possible. But, the issue will be how strong is the contract (even verbal) and can the Plaintiff prove his/her case. If you get served with a lawsuit you should take it seriously and consider hiring an attorney to defend you and possibly bring counterclaims.

Good Luck!

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Rentor is breaking the lease because she now wants a dog and Is calling it a service dog. What do I owe her as Landlord?

she still has 3 mths on the lease, but wants to leave, but won't give me a vacate date. Can I keep the last mths rent paid upon moving in and can I demend she be out 30 days after telling me she's leaving due to no pet rule?

Donald C Eby
Donald C Eby
answered on Nov 17, 2018

This is probably more complicated than you think and you should consult an attorney regarding the specifics of the situation.

The tenant does not have the right to terminate the lease based on the need for a service dog.

A landlord cannot refuse as service animal because of a no pet...
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2 Answers | Asked in Civil Litigation for Colorado on
Q: My contegency fee attorney is asking me to pay $20,000 to her. I signed a contengency fee contract.

It is a personal injury case. I was hit by a car as a pedestrian.

Donald C Eby
Donald C Eby
answered on Nov 16, 2018

Have you already signed with this attorney?

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Returned from deployment and want to move back into my house that is currently rented out. Can I legally move back in?

Active Duty Army. Returned to Fort Carson and own a home in Peyton, CO. My family desperately needs to move back in, but my property manager said that we have to wait until the lease is up (April 2019). What are my options?

Donald C Eby
Donald C Eby
answered on Nov 11, 2018

Unfortunately, you are bound to the lease. But, can inspect the condition of the home and then enforce the lease strictly. When you inspect you are likely to find violations of the lease which you can then demand compliance or possession. Otherwise you may be able to entice the tenants out, this... View More

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2 Answers | Asked in Landlord - Tenant for Colorado on
Q: I want to evict my roommate who is on month to month rent. He’s consistantly late on rent. Where do I start?

Hi, my name’s Andrew. I live down in Colorado Springs. I am renting a house through my uncle who lives out of state. I have a 1 year lease through him. He charges rent each month, due in the first and then I have friends that live in this house with me, so we split rent equally 4 ways, due on the... View More

Donald C Eby
Donald C Eby
answered on Nov 2, 2018

If you have provided your sub-tenant proper notice and he refuses to leave then you'll need to evict him via the Court.

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Prospective tenant has a Dr. letter for an Assistance Animal, but the note is over 3 years old. What can I ask or do?

The note from August of 2015 says: "(Tenant) has been my patient all of his life. Due to recent traumatic events he is need of emotional support dogs."

Plural: dogs. But he is only asking for one, a large bulldog that I'm not sure my insurance company will like.... View More

Donald C Eby
Donald C Eby
answered on Oct 31, 2018

This is a Fair Housing issue and boils down to a "Reasonable Accommodation." You can demand a full and formal reasonable accommodation request demonstrating the disability and the need for the emotional support animal.

These cases are very complicated, you should consider...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Does Colorado law require a court judgement prior to a lien (not a mechanics' lien) being placed on real estate?

A gift was given prior to the purchase of a home. There was no written contract, nor verbal agreement to any "terms". The "giver" of the gift, after the purchase, placed a lien on the property in the amount of the gift plus interest! What is our recourse?

Donald C Eby
Donald C Eby
answered on Oct 17, 2018

A judgment is one way to obtain the right to lien but not the only way. Likely, the lien that you describe is a "spurious" lien and you may need to bring suit to have it removed and recover your damages.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I bought property from I gave her $71,000 and then some and she wont sign the deed. What do I do

I have the cashier check stubs and that’s it. She pretty much is robbing me

Donald C Eby
Donald C Eby
answered on Oct 17, 2018

You may need to get an attorney to bring a quiet title action on your behalf.

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