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Questions Answered by Donald C Eby
1 Answer | Asked in Land Use & Zoning for Colorado on
Q: Can a city in Colorado install a Acqueduct that sends water over privately owned land and not into the city drain?

The city said it has always been that way.

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

You may have a "Takings" claim against the city.

I recommend that you contact a Land Use Attorney to review the facts, your rights, remedies, and process.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My landlord rented out the property to new tenant, without evicting me, he let strangers in my home without notice

What action can be done my privacy was invaded

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

If you have a valid lease your Landlord does not have the right to lease it to someone else during your tenancy.

Have you called the police to have the new tenants removed?

You should consider bringing a lawsuit against your landlord contending that he has breached your lease and...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I am being charged for carpet replacement taken out of my deposit. My lease wasn't renewed because of remodeling?

I was a great renter left the place better than when i moved in.

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

You may have some legal rights depending upon the age of the carpet when you moved in and when you moved out. Generally, carpet is considered to have a 7-year useful life.

You may consider bringing a case in Small Claims Court.

1 Answer | Asked in Real Estate Law for Colorado on
Q: do I have case if I bought house didn't get to do a inspection walk . due to limit time on the loan. problems now

problems with gutters water leaking to the basement

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

If the seller did not disclose a known latent material defect, and you can prove he knew and thus defrauded you then yes you have a case.

You can see that this is a somewhat technical analysis. I recommend that you contact an attorney to discuss the facts and your proof so that you can...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: My parents are both deceased. They have property in Colorado deeded in 1981 where they are co-oweners.

I need to have the property put in my name since I am the heir. The title company said it needs to be probated in order to get the title transferred. My father died in 1991. A few years later my mom included the property in a trust in the state of Missouri where they have always lived. My mom... View More

Donald C Eby
Donald C Eby
answered on Jul 26, 2019

The probate will help you clean up the title issues in CO. If no one opposing your appointment as Personal Representative or your handling of the CO assets the probate will be relatively quick and inexpensive. You should contact a CO attorney to discuss the process and costs.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can aprtmt cmplx enforce 60day written vacate notice in signed lease contract of 90day shrt trm lease w/end date on it

signed lease has end date of 8/9/19 for a defined 90 day lease. now saying lease states they need 60 days written notice prior to vacate so another two months is owed past 8/9/19 - Littleton, CO

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

This demand is only enforceable if such language is contained in the lease agreement. This is a common provision in apartment leases.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Renting from Property Management major repair needed presenting safety issue they refuse to fix what can I do

I do have renters insurance

Donald C Eby
Donald C Eby
answered on Jul 24, 2019

Research Colo Warranty of Habitability.

This is a complicated process, I recommend contacting an attorney to ensure that your Warranty of Habitability defense is perfected.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: In Colorado is it a law that my water company is to notify my landlord of anything going on with my bills ?

I live in Castle Rock Colorado and I am being told by my water company that anything that goes on with my bill they have to notify my landlord even though I still live in the home. That's an invasion of my privacy why do they need to know anything that goes on with my bills in my house as long... View More

Donald C Eby
Donald C Eby
answered on Jul 24, 2019

Yes it is legal and that is the way utilities in CO operate. Because, if the tenant fails to pay the water bill the landlord will have to pay the debt created by the tenant in order to get the water turned on for the next tenant.

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Colorado on
Q: Can a structural engineer force their claims based policy to cover a claim retro, if they have stopped doing business?

Structural engineer who no longer is in business had a claims based policy which supposedly ends when they stop paying the policy premiums. Other contractors the insurance company will cover if they had insurance at the time of work. Is an insurer required to defend a suit after the policy... View More

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

The answer to your question will depend upon the language contained in your policy. It could be either.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Tenant's girlfriend is not on the lease, but she is the only one that stays here. Some damage was caused. What to do?

Landlord here. I have a tenant on my lease. Lease does not allow subleasing. His girlfriend is not on the lease, but has been the one staying on property. She's been living in the room for ~50 days. There is another month left on the lease. Because he is paying I've been allowing her to... View More

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

Your tennant (him) is responsible for the damages that occur during the course of his lease.

1 Answer | Asked in Real Estate Law for Colorado on
Q: If two properties are divided by a chain link fence, can one neighbor remove that fence? Because they want to?
Donald C Eby
Donald C Eby
answered on Jul 12, 2019

This is a more complicated question than you may think. The answer depend on who owns the fence and whether or not the fence is actually on the property line.

Getting the answer to this may take some research.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How much time do we have before our landlord can take legal action against us?

My dog bit a child and our landlord wants him out of our apartment. We don’t want to give him up and our landlord said she would give us a month before we must move. Is a month legally enough time? After the time frame what can our landlord do?

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

Can your landlord evict you because of your dog's actions? That depends on the language in the lease agreement. If he/she does pursue the eviction he'll have to prove that you violated the lease and/or he properly terminated (in writing) and his Notice is legally enforceable.

If...
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1 Answer | Asked in Employment Law and Civil Litigation for Colorado on
Q: Won a labor case and then won the appeal Recieved the final order and decision Now served with a civil summons

Does the Certified Final order and decision Trump the civil summons for this case.?

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

It is really impossible to answer your question based on the scant facts. You have been served with a lawsuit, even if the lawsuit is a loser (for the Plaintiff) you must answer and assert your defense. I recommend that you contact an attorney to review the facts of the first case and the... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: payment for rent was due on the 4th I tried to pay my rent on the 5th added late charges, the 4th was a holiday can this
Donald C Eby
Donald C Eby
answered on Jul 9, 2019

Can a Landlord charge late charges if the due date is a holiday? Depending upon the language of the lease agreement the likely answer is yes.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: If you leave property and landlord rents it out before your lease ended, is new end date when next renter moved in?

One year lease through 30 June 2019. We notified landlord of our intent to vacate the property one month early back in April 2019. Landlord showed property several times prior to our move out and found a new renter to begin leasing on 1 June 2019. We were not charged rent for June because we were... View More

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

The Courts will not allow landlord to double dip by charging you June rent while collecting rent from the new tenants.

WRT when does the 60 days start for purposes of the Sec. Dep. Accounting, likely not until the new tenant took possession. This is a common fight. The bottom line is that...
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2 Answers | Asked in Divorce and Real Estate Law for Colorado on
Q: Will I be legally responsible for a house my husband who I am no longer living is buying in a different state?

I moved from Florida to Colorado and cannot file for the divorce until I have lived here for 90 days. We have already split our money and he will be paying for the house with his money. I have been asked to sign a paper saying I have no claim to the house. Does that protect me if he defaults or if... View More

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

If you are contemplating divorce, I recommend that you contact a family law attorney to discuss the ramifications of signing that document.

To answer your question, will you be financially responsible for the home? No, not unless you sign as a co-signor or guarantor on the mortgage, etc.

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord force tenant to pay rent early for rent being late the prior month.

Apartments said we have to come up with late rent and next months rent or they will deny payment.

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

Does the landlord have the legal right to accelerate the due date of future rent payments? No, not unless his lease agreement specifically provides this right.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: What are the legal remedies for a NEW tenant when bedroom carpet reeks of urine and room has been unhabitable 30+ days?

What are my legal remedies for the following situation:

Upon move in, I noticed that one bedroom in my rental three bedroom townhome reeked of urine. Renter's Warehouse hired a cleaner to resolve the issue. The cleaner used a blacklight and there were many, many large urine stains. The... View More

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

This is unfortunately not an uncommon issue.

Simply withholding rent is not a good idea and will likely get you evicted.

Google the Colo Warranty of Habitability. The Colo Legislature just this year significantly strengthened tenants rights WRT Warranty of Habitability....
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1 Answer | Asked in Real Estate Law for Colorado on
Q: We purchased our town home in August 2018. We just received an assessment for $2936.62 to be paid by August 15, 2019.

This assessment is for a 20 unit fire that happened March 26, 2018 when we didn't even in own our home. Our insurance will not cover this assessment being we didn't have possession at the date of loss. Are we required to come out of pocket to pay this?

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

The unfortunate answer is yes. When it comes to HOA assessments the owner at the time of the Assessment not the underlying damage is responsible for paying the assessment.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Landlord stopped payment on security deposit and threatening to take more after new tenants claim carpet smells

We moved out of the home we were renting last month and bought a home. Two days ago, the landlord emailed and gave us a written list of the walkthrough and how much of our security deposit we would be receiving. Today, we receive another email stating that they put a stop payment on the check... View More

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

The issues you bring are valid and likely defenses should this matter go to Court. I recommend you google the Colo Sec Dep Act as it provides stiff penalties for Landlords who do not properly handle and timely provide a written accounting of any security deposit amount withheld for damages.

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