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Questions Answered by Donald C Eby
2 Answers | Asked in Estate Planning and Real Estate Law for Colorado on
Q: A family trust gave us funds to assist in the purchase of a home. After the purchase they filed a lien on the property?

The trust demanded a promissory note and deed be signed after the purchase of the home. They said to ignore the promissory note and not to worry about the details of the deed (which incorporated the note and referenced it)! We declined / refused as the details were not anything discussed, nor... View More

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

Based on your facts this is likely a spurious lien. You have no obligation to agree to new terms after the gift or loan was delivered. You should contact an attorney to assist you in removing the lien.

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2 Answers | Asked in Real Estate Law for Colorado on
Q: Someone filed a lien against my property. This is not a contractor, it is a person who claims I owe them money. Plz advz

How to we have lien removed? It appears that only contractors, etc are able to use mechanics' liens (which this is not) and any other valid liens must be ordered/approved by the court prior to being filed (this is not the case here either).

What should we do?

Donald C Eby
Donald C Eby
answered on Oct 15, 2018

You may want to have an attorney bring suit to remove the improper lien. If this is not a contractor or supplier of materials for the land or if you have not pledged the land as collateral for a loan, it is likely that this is a faulty lien and you may be able to collect damages.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Our HOA bought 30 Acres which included a lake in 1995 from a rancher. A PUD was filed.

On the far northern portion an outlot exists with no ingress and is rather unusable - the only access is through the ranchers land, it will be eventually recommissioned to open space. The rancher has a fence that crosses onto the outlot and its been there for 53 years, no one has asked him to move... View More

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

You may have a problem with an adverse possession claim by the rancher, but you'll only know after you ask him to move the fence.

2 Answers | Asked in Landlord - Tenant for Colorado on
Q: My tenant broke their lease, do they get any portion of their security deposit back?

They left the house filthy, along with trash and debris, and damaged the back storm door, carpet in living room (cat clawed at it), and broke 2 of my Hunter Douglas window treatments. Are they entitled to any portion of their security deposit back?

Donald C Eby
Donald C Eby
answered on Oct 10, 2018

You need to provide a Sec. Dep. Accounting per the Colo Sec. Dep. Act. Maybe they owe you money after your account for all damages (including but not limited too unpaid rent, late fees, utility charges, damages beyond normal wear and tear).

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2 Answers | Asked in Landlord - Tenant for Colorado on
Q: Landlord wants to evict us for breaking the lease but the reason is not stated in the lease so what are my options?

My landlord is trying to evict us from the residents because I had a marijuana plant (it's legal in Colorado to possess marijuana) in the home that I was taking care of for a friend. She stated that someone told her that I was growing it in the residents and that she wanted me out of the... View More

Donald C Eby
Donald C Eby
answered on Oct 3, 2018

If she turns off your gas or files an eviction action in the courts you should consider hiring an attorney to respond to your landlord on your behalf.

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: What is the landlord required to do if guests of a tenant damage neighbors property?
Donald C Eby
Donald C Eby
answered on Oct 1, 2018

The Tenant should be held liable for the damages caused by their guest.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Follow up question on tenant who refuses to vacate premises

Tenant has a history of refusing to leave rental property and a prison record for fraud & theft. Elderly, with multiple health issues, & handicapped and has filed a claim against our insurance claiming a fall due to a weak railing filed about a week after she had "cured" an... View More

Donald C Eby
Donald C Eby
answered on Sep 26, 2018

If you have asked your tenant to leave and he or she refuses the next step is to initiate a judicial eviction. The first step is to deliver legally sufficient notice.

If you are unfamiliar with the process I recommend that you contact an attorney to assist you.

2 Answers | Asked in Landlord - Tenant for Colorado on
Q: Tenant refuses to leave on the previously mutual agreed date. How can we get her out?
Donald C Eby
Donald C Eby
answered on Sep 26, 2018

If your tenant refuses to leave then you need to initiate a judicial eviction. The first step is legally sufficient Notice.

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1 Answer | Asked in Civil Litigation, Contracts, Construction Law and Environmental for Colorado on
Q: Our home was to have an asbestos abatement performed; and what we were assuming was a person whose company was certified

This company proceeded to do work on the house (by his subcontractor who was "certified"; but not a state certified company), parts deemed affected were pulled; but was not disposed of properly, and now the state has become involved, with a Stop Work order posted to property. Now this... View More

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

You may have a legitimate Breach of Contract claim against your contractor and you have a damages claim against him. You should contact an attorney to schedule a consultation so that the facts can be closely reviewed and you can get a clear picture of your rights, options, and possible results.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Colorado on
Q: I rent a town home the lease is in my name only and i rented out a room and roomates havent paid rent its been 24 days?

How do i go about getting them out

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

You are the sub-Landlord they are the Sub-Tenants. You'll need to evict through the judicial eviction process. The first step is a proper Demand for Rent or Possession.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I am a landlord. A tenant left voluntarily left but left her pets. What do I do? What are my legal obligations?

She hasn't contacted anyone in the house or the owner of the house since 9/21/2018 and her phone is off.

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

IF you are sure that she abandoned the pets and you have possession of the property you may want to call the local animal control.

The primary question is did she abandon pets and did she return possession to you? If you can't prove both of these things then you should regain...
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2 Answers | Asked in Real Estate Law for Colorado on
Q: I’m a homeowner in Colorado. There are two mechanics liens, both less than $1000, filed in 2005. Both were paid.

Both businesses are now defunct. How do I have them removed?

Donald C Eby
Donald C Eby
answered on Sep 13, 2018

They are legally unenforcible at this point.

You should not need to take any action.

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2 Answers | Asked in Landlord - Tenant for Colorado on
Q: landlord verbally agreed that we would receive $825 deposit minus $150 on 8/1. Won’t return calls or emails now.

We lived in our home for 3 years, we had to move out because homeowners wanted to move back in. We cleaned the home, landlord inspected with us on the last day, and we moved to Denver, CO. She asked that we text her the address( I had already emailed it to her on 7/20/18) we texted it to her on... View More

Donald C Eby
Donald C Eby
answered on Sep 12, 2018

Assuming your lease does not allow more than 30 days, your landlord has forfeited her right to withhold any amount for damages.

Good Luck!

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My landlord wants to make changes to my apartment I don't want. Specifically close off the fire place in the apartment.

My lease is up in 3 months, can I ask for less rent? Can I ask she make the changes after my lease is up?

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

It is unlikely that your lease obligates you to allow this construction during the term of your tenancy.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: things left at house for more than 30 days now. She said she is coming for it. I want to rent to others. What can I do
Donald C Eby
Donald C Eby
answered on Sep 10, 2018

Unless you can show proof of abandonment, i.e. intent to abandon property, you likely should start an eviction action. A person can maintain the right of possession by leaving property, the only way to defend yourself from a lawsuit here is to properly recover possession through the judicial... View More

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Q: Can investors sue sharholders of a corporation

My ex-business parter wants me to payback money he invested in our company. I never asked for him to pay me back what I invested. Plus I was willing to sign over my shares of the company and he refused. Now he wants to sue me over the funds and also wants me to pay back an invoice that paid for but... View More

Donald C Eby
Donald C Eby
answered on Sep 10, 2018

Not sure what you mean here. An investor generally is a shareholder. If you get sued, I'll be happy to defend you.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: What happens if a tenant gives 30 days notice to vacate and then leaves behind possessions after moving out?

They signed a Colorado Notice To Vacate. On it, is a field that says "The keys will be returned and the property will be vacant by the following date: ". Does this include their personal property?

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

You have to decide if the property has been abandoned or not.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Can my landlord still legally enter home, even if he wasn't the one that sent notice of entry?

My landlord has the property of townhome for sell, I've had no problem with viewings until now but I have my baby shower the same day they want to view my home. I haven't denied any access to my home prior to this, I've even let my landlord view my home with a 4 hour notice. I denied... View More

Donald C Eby
Donald C Eby
answered on Sep 6, 2018

Likely, your landlord has no right to demand entrance under the above facts. But, the depends upon the language of the lease.

If he tries to force his way into your home, you can call the police.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Is it legal in Colorado for my rental agent to increase my rent with a text message, i.e. "in writing?"

Is it a legally binding contract if I do not reply?

Donald C Eby
Donald C Eby
answered on Sep 6, 2018

If you are on a month to month, maybe.

If you are on an annual lease, not likely.

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