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Questions Answered by Donald C Eby
2 Answers | Asked in Divorce and Real Estate Law for Colorado on
Q: My ex-wife was on my deed under her maiden name but filed a quitclaim deed under her married name. Do I need to amend?

I am going to refinance my Colorado house but the title company says I have to amend my quitclaim since the deed was originally under my name and her maiden name. The quitclaim deed was signed under her married name. I have no idea where my ex-wife is to file an amended quitclaim deed. If I need... View More

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

It is a little difficult to clearly understand the chain of title here. But, generally the seller must sign exactly as he or she took title. If that did not occur the title company may refuse to issue a title policy for a transaction now. The only way to cure is to file a corrective deed which... View More

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can our landlord make us get rid of BBQ grill that they’ve always allowed in the past?

The complex manager has said that we are no longer allowed to store, use or possess any kind of outdoor cooking device. We have lived here for 5 years and it has always been allowed. Can they really make us get rid of our grill? We paid $400 for it and now I’m supposed to throw it away? This... View More

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

If your landlord has a right to refuse to allow the grill it will be a part of the lease.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Question is related to rent payments - can an apartment complex force tenants to use their new portal to pay rent?

The mail drop box is now taped shut and and they are refusing checks. When I went online to pay my account showed a zero balance due, as opposed to my rent amount. Also, there is a mandatory charge to use the service, which I am opposed to on principle - I'd be using my checking account to... View More

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

If it is not an agreed payment obligation in your lease the new portal is likely not enforceable.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My rental lease was up yesterday but I was not able to get everything out of the house.

I informed the rental company and the owners that I would come back to get the rest on Monday (3 days after end of lease). They are threatening to dispose of it if I don’t come get it immediately but I am unable to go back for it until Monday.

Can they dispose of it or is it considered... View More

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

The facts you present weigh against the LL, if he were to dispose of your property you would likely win a lawsuit for your damages...you likely owe him rent for storing your possessions.

1 Answer | Asked in Construction Law for Colorado on
Q: My husband paid a contractor up front for two bathroom remodels in our home October 2018.

The first bathroom they started still isn't done. One of their subcontractors recently botched the new drywall (cut holes too large for the switch plate, ceiling fan, can light and vanity light) and knockdown texture application so that is being repaired by them right now. I don't want... View More

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

The answer to your question depends upon the specific language in the contract. I recommend contacting an attorney to review your contract and facts. That attorney could then draft a Notice of Termination which would put you in the best position to recover any unearned money.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can my new landlord force me to use their pet addendum instead of the one I signed with the previous owners?

New landlord purchased my property just after I signed my (current) lease with the old landlord. New landlord has different pet addendum which is 3x more expensive. Since the new landlord took over, I adopted an additional pet (already had 1, and had signed the pet addendum with old landlord). Can... View More

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

If you are amending your pet addendum by adding an additional pet then you likely will have to convert to the new owners form. But, if you are not amending then the original addendum is binding on the new owner. If you are having trouble getting beyond this issue you should consider having an... View More

1 Answer | Asked in Construction Law for Colorado on
Q: My husband has pretty much bankrupt our construction company would it b better to withdraw as a member now or wait for d

It is LLC I own 59percent just the 2 of us as members just don't want to be left holding the bag

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

You should contact an attorney to discuss the process of dissolving the LLC and review the debts to determine your personal liability.

1 Answer | Asked in Civil Litigation for Colorado on
Q: Questions about recourse for paying for a Financial Aid Refund I never received.

I recently found out that I have been repaying $13,942 worth of financial aid refunds that I never requested nor received. This was for the 2010/2011 school year. Since I was repaying other student loans, and was on an income based repayment plan, I did not realize that these were included. I... View More

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

You should consider contacting an attorney to draft a demand letter for you. If that fails a lawsuit will force them to produce proof of the debt if they are unable you will not be required to pay the debt.

2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: If a seller agent misrepresents portions of a builder contract on a sale, can buyer cancel and have earnest returned

1. Buyer did not know deposit was listed as non refundable and seller agent presented contract on a way that made it seem as thought they had a 30 day review period to terminate and receive funds back, was also represented that HOA doc concerns were included as termination right under 30 day review... View More

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

If seller (or seller through is agent) misrepresented the terms of the deal or otherwise mislead you into signing a contract you may have a right to terminate and demand your earnest money back.

But, your rights will be dependent upon your ability to prove the misrepresentation. I...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can my friend fight eviction from the home that his grandma bought for him to live in after her passing?

His grandma bought house for her and her grandson to live in and for her grandson to keep after she passed. Six months ago the grandmas daughters came to home with armed security guards and two members of local law enforcement and requested that the grandmother went with them. She agreed stating... View More

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

Evictions are a matter of contract or implied contract. This will turn on the exact reason in the Notice given as to what Grandson's defense may be. Grandson may have a defense that he is an owner and thus cannot be evicted.

He should consult an attorney to discuss the facts and...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My landlord didn't tell me there was no heating system in my room or bathroom before I moved in. Can I break my lease?

She says no heating system can be installed and no portable space heater is allowed in my room. There is a heating system in the room (kitchen and living room) right next to my room. She says if I leave my bedroom door open and wear extra clothes, then I should be fine. However, the next room is... View More

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

You may have a Warranty of Habitability issue. But, this will be very fact intensive.

The primary issue is whether or not your LL will pursue you for damages if you abandon the lease. It is unlikely to be a financially viable case for the LL.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can I evict one tenant on lease but not the other tenant on lease?

I am having problems with one tenant on lease disrupting other tenants and would like to evict her. The problem that arises is I have two separate tenants on lease (One is adult daughter and One is her Mother). The problem tenants is the daughter. Can I somehow evict the daughter and keep the... View More

Donald C Eby
Donald C Eby
answered on May 13, 2019

Yes - You can bring the action against one tenant - a smart Defendant would bring in the other tenant as a 3rd party defendant, but maybe she will not.

Likely, you'll ultimately sign a new lease with the single remaining tenant.

1 Answer | Asked in Real Estate Law for Colorado on
Q: How do we get the name of a financial lender off of the deed when the property is paid.

Our church bought 4 pieces of property. The first two we got financing on our own. The next two we got financed through a larger church organization that absorbed the first note and spotted us the money for the next two. We have since paid the loan off in full but the deed lists us and the other... View More

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

The lender will need to release it's claim. The type of security that was provided for the loan will determine the type of filing that needs to occur to release the claim.

This is likely a valuable property and worthy of retaining an attorney to ensure that the Church has full and...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I own a mobile home but there is a lien on it can the landlord evict me if he is not the mobile home park manager.
Donald C Eby
Donald C Eby
answered on May 9, 2019

Your facts are confusing. Whoever is identified in your lease as the Landlord has the power to evict you if you are in breach of the lease agreement.

There may be a separate issue between evicting the occupant of the trailer and evicting the trailer from the park.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Building transferred ownership one month into lease, dispute over validity of deal offered by previous owners. Options?

I viewed my apartment at the end of March. I was sent a quote for a lease starting a few days into April. Part of the deal according to the leasing agent was if I filled the application attached to that quote by a certain date, I would receive $1000 off the first full month's rent (May). I... View More

Donald C Eby
Donald C Eby
answered on May 8, 2019

You are in a difficult spot. If the new ownership doesn't honor the deal you'll be faced with proving that the offer existed or paying the disputed $1,000. Hopefully, the sales person will testify on your behalf.

2 Answers | Asked in Criminal Law and Landlord - Tenant for Colorado on
Q: Is it a criminal charge for landlord shutting off my power
Donald C Eby
Donald C Eby
answered on May 8, 2019

It is unlikely that the LL has the right to turn off your utilities.

I recommend contacting an attorney to respond to the LL and possibly bring a lawsuit against the LL to cover your damages.

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Landlord wants to come in everyday from 2:30-6:30 to show property til closing day, Can she do that?

In our lease it says "landlord or agents may enter the premises at reasonable times to inspect the premises, make any alterations, improvements or repairs or to show the premises to a prospective tenant, buyer or lender." She texted me saying she will be showing the house every day from... View More

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

It is likely that a Judge would not consider this reasonable.

Do you want to hire an attorney to send your landlord a demand letter or otherwise contact your landlord on your behalf?

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Landlord did not want to accept rent because she wanted a plumbers bill as well, now she is adding late fees, can she?

tried to pay landlord rent on the 3 and she returned the check because she said we owe her for a plumbers bill that she called out to check her valves. after the 3 rent is considered late to her and 100 is add after the later date and 50 for each other day its late. tried to pay the rent again on... View More

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

If landlord attempts to evict you based on failure to pay rent, you will want to bring these facts to the attention of the Judge. You may want to hire an attorney to help you prepare for the hearing or to defend you at the hearing.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord legally rent a room that has no heating vents/ducts- no heating source at all?

I know a landlord who is renting out a room that has no heating ducts/vents/pipes etc. It was a struggle for the tenant to even be allowed to use a space heater in the room. I'm wondering if there are any laws about this?

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

There could be several issues here ranging from possible zoning violations to possible violation of the warranty of habitability. But is there a specific law requiring a heat duct in the space, if so it will be a city specific ordnance.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: can a private tow company tow a car from a private lot without proper notice in Colorado
Donald C Eby
Donald C Eby
answered on May 4, 2019

It is not likely that notice to the owner of the vehicle would be required if the tow company had proper authorization from the owner of the lot.

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