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Questions Answered by Ashley Dean Powell
1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Re. Lease in State of Colorado. I have a month to month lease with a tenant. See additional question below.

There is no language in the lease regarding guests. My tenant has notified me her sister will be a guest from time to time, splitting her time with her mother and my tenant. My question is how many days per month, or period of time, does a guest become another tenant. In addition, she has medical... View More

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

It is not uncommon for landlords to limit the duration and frequency of long-term guests staying with a tenant. But those limitations should be in the lease agreed to by the tenant. A guest should not simply become a tenant without your allowing it; if there are ambiguities in the lease about... View More

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

Here's a resource that may help you understand the types of notices and process you need to go through to evict a tenant. Eviction starts on page 13: https://www.colorado.gov/pacific/sites/default/files/Attachment%2010-Landord%20and%20Tenant%20Rights.pdf.

As Mr. Eby said, you need to...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: We were suppose to close on our house on Friday sep 21 4pm , on the date of closing found out the house was in pre

Foreclosure, was not able to close had u haul resivered, and we needed to be out of our house by sep 24th 10am we just found out we close Tues 25th 3pm and I am now out money for longer time with the u haul I have lost money in food out of my fridge and now a hotel is there any legal action can be... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 26, 2018

As to the delays and resulting costs, this is largely dependent on your contract. With such a tight time frame, careful drafting of the contract might have addressed this issue and possibly provided for this type of damages to come out of the purchase price or to allow you to take possession on the... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Do I have to sign a new lease and pay a new security deposit if my apartment building was bought by another company?

My apartment building was just bought by another company, and they're making everyone go in and apply all over again, sign a new lease, and possibly put down a new security deposit (they aren't sure about the last one yet apparently). I just got this apartment four months ago and I... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 26, 2018

You would need to look closely at your lease, but it's unlikely that they could completely disregard your existing lease or demand a new security deposit unless they knew they were trying to sell the building and built in an ability for a new owner to give you notice to terminate after... View More

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Colorado statute that states a Landlord has the right to leave tenant month to month after lease is up? Thanks.

I am looking for the specific statute # that states a Landlord does not have to sign a new lease and can leave the tenant on month to month after the original lease term expires. Thank you.

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 19, 2018

The terms of your holding over (continuing to live there after the original lease expires) are often set forth directly in the original lease itself. There is no statute requiring the landlord to allow you to re-negotiate a new lease. There is likewise no statute that would require landlord to... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My drunken landlord/roommate is withholding my deposit for zero reason, calling me names, threatening me. What can I do?

There was never a lease signed and she has been verbally attacking both me and another roommate. Threating to get my tiny dog put down after she instigated issues with my dog to "show her dominance" she will not give my deposit back even though I have a verbal recording of her agreeing to... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 19, 2018

There's a lot here that is a little out of the ordinary--no lease, no paperwork, verbal agreements all around. In addition, there isn't mention of any timing--how long were you renting, were there any other terms of the agreement to leave by a certain date, how long ago did you leave? To... View More

1 Answer | Asked in Intellectual Property for Colorado on
Q: It seems like there are different types of IP protections for different types of work. How do I know which one applies

to mine?

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 17, 2018

This is out of my practice area, but I can confirm that there are multiple types of protections: patents, copyrights, trade secrets, and trademarks are the main categories we often think of (with some subcategories I believe).

Each of these can be highly technical, and you will often find...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: If I am on a deed with someone can I quit claim my name on the deed to someone else?
Ashley Dean Powell
Ashley Dean Powell
answered on Sep 17, 2018

Yes, you technically can.

The next question you should ask yourself is, "Should I?"

The answer to this question might depend on a few factors, but one large factor to consider is whether your name is on a Note and/or Deed of Trust/Mortgage that is currently recorded on the...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord show up with a 10 hour notice to move into a vacant room in a shared house to stay there indefinitely?

Landlord is not a live-in landlord. The only clause on our leases is that the Landlord has to provide 24 hour notice before showing up, for repairs/maintenance. Landlord has now contacted us 10 hours ahead of time, stating that they are moving into the vacant room of our house indefinitely, until... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 17, 2018

This would likely be controlled completely by your lease agreement.

From your question, it sounds as if this is a house in which you expected that landlord has the right to pick and choose tenants to fill vacant rooms in a shared house. If this is true, it is unlikely that there is any...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I have notified landlord on black mold an I am getting headaches. Can they pay me out rest of lease?

I have been here for over 3 years. Water from the laundry room seeps into my bathroom an closet. Yesterday I found snakes in my bathroom and been wondering for weeks why I feel sick and it was so hot in my apartment. When I saw the snakes go into the closet crack... I notice water... The whole wall... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 17, 2018

When you say that you "notified" landlord, you need to be more specific. You should be sure to notify your landlord IN WRITING of any defects/damages in the rented premises that you believe Landlord needs to repair. This is a key requirement in your exercise of your tenant rights under... View More

2 Answers | Asked in Real Estate Law for Colorado on
Q: If I am on a deed with someone can I quit claim my name on the deed to someone else?
Ashley Dean Powell
Ashley Dean Powell
answered on Sep 17, 2018

The next question you should ask yourself is, "Should I?" The answer to this question might depend on a few factors, but one large factor to consider is whether your name is on a Note and/or Deed of Trust/Mortgage that is currently recorded on the property. If so, you may want to review... View More

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1 Answer | Asked in Real Estate Law for Colorado on
Q: I am purchasing a home "as-is". What happens if the home's condition deteriorates between my contract date and closing?
Ashley Dean Powell
Ashley Dean Powell
answered on Sep 14, 2018

Typical "lawyer answer": it depends. It really depends on the contract you negotiate with the Seller and what you mean by "as is".

Take, for example, Colorado's form Contract to Buy and Sell Real Estate (Residential). In Section 10.2 of this standard contract, the...
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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Is money in a deceased parent's estate required by law to be split evenly among the living children (heirs)of the parent

My deceased mother's estate, which is represented by my younger sister, might be awarded a settlement by a car insurance company for pain and suffering she incurred from a car accident 7 months before her death. I don't trust that my younger sister will split the award evenly among us... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 13, 2018

Your question above may not have all the facts necessary to accurately answer your question.

Assuming that your mom did not have a will, trust, or other instrument to dispose of her assets (she died "intestate"). Assuming that the settlement was not directed by your mom to a very...
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1 Answer | Asked in Contracts for Colorado on
Q: Prior to closing, Buyers learned of extensive termite damage to the deck. Is Seller resp to repair under para 19.1?

1. Prior to this discover, Buyer agreed to remove all contingencies.

2. Inspection report suggested that the stucco was damaged and needed expert review.

3. Experts found significant moisture readings and Seller agreed to have stucco partially removed. Upon removal, experts... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 13, 2018

Assuming that we are talking about Section 19.1 of Colorado's standard form Contract to Buy or Sell Real Estate (Residential), and assuming you did not make revision to the standard language, I think it is doubtful that Section 19.1 was intended to apply in this situation. Such extensive... View More

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

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 13, 2018

I agree with Mr. Eby's answer.

I would add that you can find a good resource published on Colorado.gov at the following link: https://www.colorado.gov/pacific/sites/default/files/Attachment%2010-Landord%20and%20Tenant%20Rights.pdf. On page 20 of that document, you will see details...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Landlord won't fix appliances; threatened if we don't like it to find another place to live. Can we terminate early?
Ashley Dean Powell
Ashley Dean Powell
answered on Sep 8, 2018

You're going to hate the answer: it probably depends. There are many things that landlord may be required to fix simply to satisfy his warranty of habitability--to provide you with a safe place to live. With respect to many appliances, however, landlord's obligation is probably defined by... View More

1 Answer | Asked in Estate Planning for Colorado on
Q: my sister in law died recently, my husband , her brother and I all had our wills made out by same attorney 17 hears ago.

We went to him after she she died to update our wills & get his advice about how to proceed with the sale of her house. We left all 3 wills with him & he has lost them. Now what do we do?

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 8, 2018

Sounds like a difficult situation. I'm not sure whether "we left all 3 wills with him" means that you recently took them back to him for revisions and he has already lost them or whether you left all 3 with him 17 years ago (he agreed to keep the originals back when he drafted them)... View More

1 Answer | Asked in Estate Planning for Colorado on
Q: my mom passed away a week ago she lived with her boyfriend of 30 years Is he intittled to anything

my mom passed a week ago there is just my sister and I and a boyfriend of 30 yrs nothing was in his name just my moms I was made power attorney at hosp because he was intoxicated everyday he will not produce will of any kind hes not on her bank accounts he has no job in trouble with the law almost... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 8, 2018

Colorado does recognize common law marriages. If the boyfriend of 30 years is deemed to be a common-law spouse, then he might have rights.

It sounds like you are looking for and requesting evidence of whether your mom had a will or not--that's good. If she did not have a will, then she...
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1 Answer | Asked in Estate Planning, Real Estate Law, Patents (Intellectual Property) and Probate for Colorado on
Q: if my grandparents had legal custody of me when I was kid do I have say over the living will if they have passed

My grandparents had legal custody and guardianship of me and my brother when we were kids up until I turned 18 they're passed away and my uncles are trying to evict me from the home I live in which is my grandparents do they have the right evict me from her home even though she said I could... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 8, 2018

The short answer: you probably have an uphill battle.

One very fundamental value of estate planning is the opportunity to express your wishes in writing (through a will or trust instrument, for example) so that there will not be disputes after your death (or, at least, there may be less...
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1 Answer | Asked in Estate Planning for Colorado on
Q: My mother recently passed away. No will and assets (basically her home) over $66,000. My sister and I are the only heirs

We have filed all necessary court papers to assign me as PR, now I understand that in order to sell her house I need a PR deed. The title company is requesting that a lawyer prepare the deed paperwork. My question is can I do it myself or do I NEED a lawyer to do it and if I need a lawyer how much... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 8, 2018

It is possible that the title company may have a genuine preference for including the assistance of an attorney (makes life slightly easier for them). They may also be trying to protect you from making mistakes in the deed. That said, Colorado generally does not require that a deed be prepared by... View More

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