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Questions Answered by Ashley Dean Powell
1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: What are the laws in Colorado in regards to "As-is" and "As-is disclosure" ?
Ashley Dean Powell
Ashley Dean Powell answered on Oct 31, 2018

I suspect that the answer may vary depending on the type of product, type of seller, type of buyer, etc. For example, the standard contract to sell a house in Colorado often has "as is" language in it, but the seller still has certain duties to disclose known defects in the house, systems,... Read more »

1 Answer | Asked in Collections for Colorado on
Q: Spouse died, had a business loan-can the bank pressure me to pay if I'm not on the note, nor a part of his business?

I work at this bank and my position as been threatened if I don't pay this loan, which I cannot afford. I can hardly look the president in the eye anymore. Up until my husband passed, I've been held in high esteem by the president and the board. The bank was poorly underwritten and had they asked... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Oct 29, 2018

Sounds like you are in a very difficult situation. I don't think I can speak to the employment-related issues.

As for the debt, as a general matter, if you did not sign the note, did not sign a guarantee related to the note, and were not part of the business that borrowed the money, then...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I feel im getting over charged for replacement of carpet and dings on a couple doors 900 to replace carpet in 2 bedrooms

Also 500 charge for a ding on 2 doors do i have the right for the landlord to show me receipts of what cost was to replace carpets and doors?

Ashley Dean Powell
Ashley Dean Powell answered on Oct 27, 2018

Assuming you are talking about potential damages coming out of a lease security deposit at the end of a lease, the landlord would eventually (if it went to court) have the burden of proof regarding any portion they withhold. Colorado statute (section 38-12-103) certainly entitles you to an itemized... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I have a commercial lease, during the lease landlord signed a lease for the same property with an oil company

My lease was for no term certain but lease states 6 months then continue under lease rules on a month to month for as long as both parties agree. Well the landlord evicted me stating i held past my lease after the first year of occupancy. After a completely unlawful eviction and landlord converting... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Oct 27, 2018

It's difficult to make a full analysis based on the question. The fact that the landlord entered into the lease while you were still the tenant may not have necessarily been improper since, after the first six months the landlord (or you) had the right to terminate the month-to-month lease fairly... Read more »

1 Answer | Asked in Estate Planning for Colorado on
Q: I have been told that it is necessary to get a legal financial separation so that we can both make our wills. True?

My husband and his lawyer informed me that since we are a blended family, that we need to be financially separated for my husband and I to make our separate wills. This doesn't make sense to me, and has caused so much stress that we are at the point of a full divorce. Thank you for helping!

Ashley Dean Powell
Ashley Dean Powell answered on Oct 25, 2018

I'm not sure what exactly your attorney might mean by a "legal financial separation," but it's probably not absolutely required. And you shouldn't let that advice break up your marriage.

Sometimes, we attorneys can tend to be "black and white" or overly analytical in our advice (or even...
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Got a compliance letter to comply in 3 days. I'm surendering the property but other lease holder wont?

Anyway I can comply while the other person isn't? Both people on same lease.

Ashley Dean Powell
Ashley Dean Powell answered on Oct 22, 2018

If you are willing to surrender the property and cooperate with the landlord, then you may want to try to talk to the landlord about being released from the lease in writing or some writing acknowledging that you have surrendered the property, keys, etc. Ideally, you would get details like the... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Colorado tenant laws and what to do

So my family just moved into out first apartment we have been leased for 3 weeks. We still don't have a working stove the toilet doesn't really flush and it looks like blood splatter and matter on our ceiling iand one of the light switchs I assume it was a suicide. It was a immediate move in and it... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Oct 18, 2018

If you are referring to a cooking stove, the you should probably start by reviewing your lease to determine whether landlord has the duty to repair/maintain any appliances, including the stove. If you believe your landlord has a duty to maintain it, you should report the problem in the manner... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: our HOA bought an acre of land from a rancher in 1995 and never asked him to move his fence, can we legally ask to move

it, we are located in Colorado? He has free range cattle and we have a new owner out of 5 that wants to make him move his fence. The land is virtually unusable by the HOA and is eventually going to be recommissioned to open space. The original landowners in the HOA really had no intent on using... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Oct 11, 2018

You first task should be to locate a copy of the purchase and sale agreement from 1995 to determine the terms the parties agreed to in that document. It seems strange that the HOA would have purchased land with no intent to move the fence so that it could more easily access and use that land, but... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If I got a notice in April and fix the problem then got a notice in Sep for my son rideing a bike now im kick out

If I got notice in April and fix my problem and now got a notice in September for something different for my son rideing a bike the landlord took me to court yesterday now I have until Friday to move out with my kid's what do I do

Ashley Dean Powell
Ashley Dean Powell answered on Oct 11, 2018

It would probably be difficult for an attorney to give you very specific advice about your situation based on the level of detail in your question. If you believe that the landlord did not follow proper procedures or that you've been unfairly treated in the eviction process, you could certainly... Read more »

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?

Ashley Dean Powell
Ashley Dean Powell answered on Oct 11, 2018

Here’s some very basic information about Colorado’s law regarding a landlord’s duties (and a tenant’s rights) related to security deposits.

- The primary statute you will care about is probably Colorado Revised Statute Section 38-12-103, which has several provisions that apply to...
Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Colorado on
Q: When purchasing a home, if the pipes freeze AFTER the inspection but BEFORE closing. Who is responsible?

The pipes were drained after the inspection to keep from freezing. However, the listing agent turned the water back on before closing. If the pipes freeze and burst before we close, who is responsible for the cost of fixing that?

Ashley Dean Powell
Ashley Dean Powell answered on Oct 10, 2018

If you used the the standard Contract to Buy and Sell Real Estate (Residential) that is very common in Colorado, and if you did not significantly modify it during negotiations, you may find Section 19 (and, in particular, Section 19.2 for plumbing) helpful in understanding seller's obligations and... Read more »

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1 Answer | Asked in Estate Planning for Colorado on
Q: My uncle was a conservator for my father who was disabled via a TBI. My uncle created a irrevocable trust for me.

I am the sole child. My uncle stands to be beneficiary if I die. He somehow did a court order that created the trust(?) it is outside the norm for the situation. Do I have any recourse to remedy the situation?

Ashley Dean Powell
Ashley Dean Powell answered on Oct 4, 2018

If you wanted to challenge something about your uncle's representation of your father's interest as his conservator or something about the trust specifically, you probably want to consult a Colorado attorney (ideally one in the same county where your father and uncle live or where the trust is... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Our landlord won't pay for a hotel but our house is unlivable - what are my options?

I came back into town from a trip and our swamp cooler had leaked everywhere. They are working on fixing it all but the house is unlivable due to the sitting water and mold that resulted (not to mention the house smells horrible). We have to stay in a hotel in the meantime (we have been moving... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Oct 4, 2018

Colorado does have a warranty of habitability that, if applicable, could allow you damages in addition to reduced rent. To exercise your rights, you need to give written notice and generally allow landlord reasonable time to fix. You can read more about this specific set of rights here:... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I am a tenant of a person that I do not have a lease with. There was recently a leak from piping in that house. They h
Ashley Dean Powell
Ashley Dean Powell answered on Oct 4, 2018

Even an oral lease agreement can be enforceable, so be careful saying that you don't have a lease with the person. If you've had a discussion about the terms of your ability to rent/pay for a space and stay there, you may have any enforceable lease. Your question appears to have been cut off, so... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: can landlord keep security deposit if he voided lease after 3 days?

I advised landlord of presence of black mold . he voided the lease and said he did not believe me I have pictures and I am ill from trying to clean the place. can he keep my deposit? I have a voided lease signed by him and I never actually moved in. He stated that he will not try to remedy and that... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Oct 4, 2018

It sounds like you've already done some of your homework, but a 7-day demand may be premature at this point depending on the specifics. That may depend on whether you mean the lease was "voided" in that you are both acting like it never existed (did you get that in writing from the landlord, since... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Am I legally allowed to not pay rent for Oct till this confusion is resolved ?

Dom illegally sublet her room to me without notifying the landlord and made a profit on rent of $600 per month. We have been on a month to month lease(we think). We have been paying Dom directly for rent and security. The landlord Mary wants to sign a lease with my roommate and I. The relationship... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Oct 3, 2018

Dom's lease with Mary is much more controlling as to the terms such as rent, pets, payment, length, etc. of any sublease with you than is Colorado law. Colorado law would probably not put any limits on the rent Dom can charge you (but Dom's lease with Mary might require pre-approval by Mary and/or... Read more »

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 house.... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Oct 3, 2018

Sounds like an illegal eviction attempt by the landlord, and you should consider getting an attorney to assert your rights as Mr. Eby mentioned.

However, you should check your lease carefully to see whether violations of "law" generally (but especially Federal law specifically) can be lease...
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2 Answers | Asked in Child Support for Colorado on
Q: Is an estate a good set up for providing future child support payments upon death

He was diagnosed with cancer. He pays child support now. He won't designate the 100k come be disbursed through the trust he's setting up. He wants to designate it come from his estate. I think he's trying to pull a scam.

Ashley Dean Powell
Ashley Dean Powell answered on Oct 2, 2018

Each of us has a significant amount of flexibility in preparing our estate plan (whether by will, trust, or otherwise) however we wish. The most notable exception is that Colorado protects current spouses from being completely left out. It is unlikely that he can prepare a trust in Colorado that... Read more »

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1 Answer | Asked in Probate for Colorado on
Q: Conflict of Interests in handling an Estate.

My Grandmother passed, and in her Will, she only assigned a "Power of Attorney ", my Uncle, one of three living children. Real Estate is estimated over $400k plus other Assets. The Will directs equal distribution between her children. First, is "Power of Attorney" appropriate to automatically... Read more »

Ashley Dean Powell
Ashley Dean Powell answered on Oct 1, 2018

I can't answer all of your questions. The power of attorney from your grandmother to your uncle would no longer be effective after she dies. After death, your uncle would need to be named (appointed by a court) the personal representative of your grandmother's estate in order to act on behalf of... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Tenant refuses to move out by a previously mutually agreed date. How can we legally get her to leave?
Ashley Dean Powell
Ashley Dean Powell answered on Oct 1, 2018

This resource, starting around page 13, may be of help in understanding how to properly evict a tenant. It also includes a reference to the Colorado Revised Statute that governs evictions. Note that you need to be careful to meet the standards for notice content and timing.... Read more »

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