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 came home in 6/20/2019 to a notice to quit on my door. What can I do?
Donald C Eby
Donald C Eby
answered on Jun 23, 2019

There are not enough facts here to offer any assistance.

Maybe you should contact an attorney to review your lease and the Notice and discuss your options.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Hi! I live in an apartment in Colorado and to pay rent we have an online portal and mays rent somehow went missing

I paid May's rent through my apartments online portal and got a notice the following day saying that I still needed to pay rent. I emailed them the email confirmation that the apartment sends out (with a confirmation number) after paying through the online portal along with a pdf file of my... View More

Donald C Eby
Donald C Eby
answered on Jun 20, 2019

Withholding June's rent will get you evicted.

Proof of the payment RE May rent will be a defense to any future claim on non-payment.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is it legal for a property owner to adjoin his gravel driveway onto our existing private paved drive without permission?

A property owner's land abuts our property. Between our paved road and this neighbors property lies our drain swale and right-of-way. Without our permission, he presumed to dump a load of gravel to build his own access onto our private, paved road. He is now damaging the edge of our pavement... View More

Donald C Eby
Donald C Eby
answered on Jun 18, 2019

You should contact an attorney to review the facts. A neighbor like this may respond to an attorney's demand letter explaining that if he continues his current action he will be sued, he will lose, and it will be expensive for him. Or he may not and you may have to bring the lawsuit to... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Need help with a real estate contract for my 84 year old mother in law. Listing period has no dates. Can we cancel?

The sellers agency contract has no dates in the listing period of the contract, section 3.6.. We are unhappy with the performance of the agent can we cancel after 45 days of being on the market but no term was ever entered. Both parties signed the agreement. This was the only data missing and no... View More

Donald C Eby
Donald C Eby
answered on Jun 16, 2019

LIkely yes. But, most brokers are willing to grant a mutual termination of the seller is not happy with their performance rather than risk a lawsuit. If the Broker is uncooperative your Mother-In-Law should bring the listing agreement to an attorney to evaluate and likely send the broker a demand... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: I plan to purchase a home in CO with my (adult) child, splitting the down payment, mortgage, and all costs 50/50.

I'll be contributing cash and she'll be securing the mortgage, but I'd also like to be on the deed. Can this be done without my name on the mortgage loan? Also, if I should die, can my 50% be automatically split between the child I co-own the property with and my other (adult) child?... View More

Donald C Eby
Donald C Eby
answered on Jun 16, 2019

You definitely should be named on the Deed, to protect your investment. Yes, you can obtain a mortgage obligating only one individual but take title to the same property in the name of two individuals. You risk that you will be wiped out should the lender need to foreclose.

You'll...
View More

1 Answer | Asked in Small Claims, Civil Litigation, Landlord - Tenant and Libel & Slander for Colorado on
Q: What action to take when forcibly kicked out with no notice?

My landlord on a month to month single room rental that had no lease kicked me out of the house mid month with rent completely paid up to the end of month. He gave no notice at all and forced me to leave immediately without getting all of my belongings, he also forced me to give back my house key... View More

Donald C Eby
Donald C Eby
answered on Jun 16, 2019

You may want to bring a claim for damages in Small Claims Court.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How much of the carpet replacement cost am I liable for after living in a home for over 3 years?

I recieved a move out statement from a collection company stating that I owe for damages and full replacement of the carpet. I lived in the home with my friend, his wife, their two kids, and a dog. We paid a pet deposit, and pet rent every month the entire time of living there. I know there were... View More

Donald C Eby
Donald C Eby
answered on Jun 16, 2019

If this issue went to court, even if the carpet was new when you moved in, it is unlikely that the court would hold you responsible for more than half the cost of the carpet. Generally, carpet is expected to have a 7 year normal lifespan. As such, half of the useful life of the carpet was... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: What is the length of notice a landlord must give for a notice to vacate?

We have lived in our home just short of four years, first year was on a lease, now we are just a holdover. Two weeks ago Landlord put the house up for sale, within days it was under contract. The home inspection is Saturday. I am told to expect a 30-day notice after it is completed. I read CRS... View More

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

The statue that you refer too is often misunderstood. Whether or not you have the right to 90-days notice is dependant upon your lease (even though you think it is expired).

If you refuse to move based on the note, the Landlord may bring an eviction action at which time you'll have...
View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I put in my 30 day notice that I would be gone by 6/15/2019 but I paid for the whole month can't I stay until the 25th

Two or three months ago our lease came up and my husband talked to our landlords husband about month to month lease and he said it was fine. We go on the rest of the month thinking everyone is on the same page until he gets a text from his wife asking for our 30 notice and how she isnt comfortable... View More

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

If you paid for the entire month and your landlord accepted your payment you may have a strong defense to an eviction initiated by your LL.

It is unlikely that your Landlord has the right to invade your space to clean and prepare for next tenant. Review your lease.

1 Answer | Asked in Real Estate Law for Colorado on
Q: What is a liability for really old sewer lines that are still functional?

I'm selling my really old house, the pipes are 100 year old clay. We live next to a university whose land are pipes cross. They burst on their property twice and have been repaired and replaced, but from that point on it is still the original pipe to the house. Well they haven't taken any... View More

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

Disclosure is your best answer here. You don't have to fix the pipes if you disclose. Not fixing and not disclosing is risky.

2 Answers | Asked in Real Estate Law for Colorado on
Q: What if neighbor violates terms of an easement in CO?

Our neighbor has planted trees and bushes directly over our sewer lateral, which crosses his property on an easement. The easement agreement says, "the <neighbor> covenants and agrees (i) not to construct, install or maintain any structures or fixed improvements within, over or upon any... View More

Donald C Eby
Donald C Eby
answered on Jun 11, 2019

You don't have to wait for the trees to damage your lateral lines. You can demand that they be removed now. If your neighbor refuses your request I recommend that you contact an attorney who can send the neighbor a demand letter outlining the law supporting your position and the additional... View More

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: We've had a verbal lease agrmt for 4out of 6yrs. He verbally agreed to rerent in Jan for 7/19-7/20. Now he's backing out

We have rented from the same gentleman since 2012, he lived out of state until last year. In Jan we had to change internet providers. He said to put it in my name as we would be releasing again. I asked specifically because I didn't want to sign up for a 2yr agreement if he wanted us to move... View More

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

If you refuse to return possession the LL will determine if he want to initiate an eviction action. If he does then you will want to show your evidence to the Judge in hopes of creating a contract through March of 2020.

You may consider having an attorney draft a demand letter to your LL...
View More

1 Answer | Asked in Civil Litigation and Health Care Law for Colorado on
Q: How does a garnishment for a hospital stay work? And how can I stop it or condense it?

A court was held but I didn't know and just received all the paperwork after being garnished this last paycheck.

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

Have your considered filing Bankruptcy? This is usually the most effective method and you may gain additional debt relief in the process.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Who do we contact about landlords not repairing home that is leased?

Lived here 9+ years. Mold. Unfixed repairs.

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

This may fall under the Colo Warranty of Habitability which was strengthened earlier this year to give tenants more power in recovering damages. A good first step would be to have an attorney send your landlord a demand letter outlining the issues and your rights.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: He is named on the lease but I am not. He moved and I continue to pay rent online. What are my legal obligations?

I have been paying the rent in my name for the entire year. They have not said anything about it. His lease ends in 6 weeks and I am moving out at the end of his lease. If he comes back to live here and does not pay money for future rent can I be taken to court for eviction/ or sued for anything in... View More

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

If you are not on the lease you have no obligations to the Landlord.

Good Luck!

View More Answers

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My landlord had a property manager at the time of a payment arrangement, can the landlord back out now?

The payment arrangement was regarding an air conditioner and lawn mower purchase for subtraction off the next months rent. This was confirmed through the property manager several times via text. The property manager no longer is employed and the landlord is denying this arrangement.

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

If Landlord bring an eviction lawsuit you'll need to provide evidence of the agreement to the judge as a defense.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord (apartment complex) add new fees with an unrelated addendum?

We adopted a new puppy and are required to add an addendum to our lease - when the new documents were created, I noticed new fees and boxes on the previously signed lease were either added or removed changing the verbiage and cost of our lease. Can I refuse until there is further clarification?

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

You can refuse and the LL will decide what if any action he will take based on your refusal.

LL does not have the right unilaterally change the agreement. But, if you have added a puppy to your home then the contract is likely open for renegotiation which would allow the LL to change the...
View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can our landlord after pressuring us to move and to terminate our lease 8 months early just filed an eviction on us

Our landlord has pressured us into moving out because he wants to sell the property. He tried to force me into signing an early termination agreement the month after signing a our 5th year lease. They told us they were considering selling NEXT YEAR at that point in time. I just started a business... View More

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

If your landlord bring the eviction action you'll have a chance to explain to the Judge and show him that the May rent was paid in advance and the LL offered June rent for free in exchange for early termination of your lease.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can my tenants refuse to let me show my rental?

My tenants are moving next month. I have requested a showing and they have denied it, since they are out of town. Can I show it anyway?

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

It depends upon what rights your lease grants you.

I would be cautious about entering your tenants home without their permission.

1 Answer | Asked in Criminal Law and Civil Litigation for Colorado on
Q: I asked someone to appraise a bracelet now they do not want to return it after finding cost
Donald C Eby
Donald C Eby
answered on Jun 6, 2019

Have you called the police?

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.