I am a disabled veteran that has been directed by a medical professional to move closer to family due to my medical conditions worsening. My new lease does not start for another 40 days. Can i void this lease with a written letter from the doctor?
answered on Mar 10, 2023
In terms of the property manager, it depends. Typically, the landowner will give the property manager power of attorney or authorization to perform certain activities on their behalf. It is not uncommon for a property manager to sign leases on behalf of the property owner. It just depends on the... Read more »
There is an owner who has built a "screened in porch" off the side of his house, but he built it on the common area, which he does not own. The HOA owns all common areas. I have the papers that show the property lines, and he has definitely built the room on hoa property the... Read more »
answered on Mar 10, 2023
Good afternoon,
The HOA will most likely need to file a lawsuit against the property owner. If the structure is on HOA property, then it may fall under trespass law. In the alternative, it may be a breach of covenants. Regardless, if they are not moving it on their own then you may need to... Read more »
Our rent was last raised in July. C.R.S. 38-12-702 is supposed to prevent landlords from raising rent more than once in the last 12 months, even for month-to-month leases. Our real estate company wants to impose a 50% fee for month-to-month renters in order to "incentivize" signing a new... Read more »
answered on Feb 28, 2023
It depends. If the 50% fee is a holdover fee, then it may be legal. If it is a late fee or rent increase, then it becomes more doubtful. Late fees should not be close to that amount. A rent increase can be to any amount provided they meet the timeframe requirements.
If the fee is not... Read more »
So, I have been renting a kiosk at a Colorado Mall for about 4 years now and recently I had a tough month (not financially, but just with getting sick and dealing with familial emergencies) and I was unable to Make it to the mall management office to pay my rent on time. Please note that this would... Read more »
answered on Feb 27, 2023
This depends on your contract. You should get a copy and talk to an attorney.
You may also be able to talk to the landlord to resolve the situation.
For legal project I am trying to find the same or number of the law about not being able to kill someone because they murdered a pet, which in this case was a pet bird
answered on Feb 27, 2023
I agree that it is unlikely that you will find a specific case or statute that addresses your point since most murder statutes are at a state level meaning that each state has its own set of laws on the subject. There is a federal version but that only applies in certain situations. +
For... Read more »
My Grandson is now paying for himself and roommate. What are my Grandson's options ?
answered on Feb 2, 2023
You should probably have your grandson talk to an attorney.
His roommate’s actions could constitute theft, unjust enrichment, or other. The lease will govern much of what your grandson can do. Just generally, your grandson may wish to move out. Heavy drug use often leads to bad... Read more »
My lease says I have until the 8th of each month, but my complex says they've changed the date to anytime after the 1st.
answered on Feb 1, 2023
As with all legal questions, it depends.
CO has very recently passed certain laws relating to late fees. The change may be an attempt to comply with that law. But it sounds like they may be moving in the wrong direction. If they start to charge you late fees then you may wish to reach out... Read more »
answered on Feb 2, 2023
Just to add to what is already here, ensure you reach out to the insurance company and/or defense attorney ASAP. If the company has already been served then they have a set amount of time to file an answer. Otherwise, problems may arise.
Please be aware that any answer is based on all the... Read more »
answered on Feb 1, 2023
It depends. Determining where a case must be brought, can be brought, and who can practice in front of those courts is a question of law. Therefore, you need to talk to an attorney, maybe in both states.
That being said, here are a few comments to aid in your search for an attorney.... Read more »
My landlord is telling his other tenant's all my business about eviction
answered on Jan 27, 2023
Free speech is generally protected by the 1st amendment. That being said, the 1st amendment does not protect all types of speech. It has long been recognized that false statements may give rise to a legal claim for defamation. While not criminal in nature, false statements can give rise to civil... Read more »
My ex tried hand delivering papers to restrict my parenting time
answered on Jan 26, 2023
No. Process service is governed by the Colorado Rules of Civil Procedure for cases filed in CO state court. While a sheriff is an option, CO permits non-parties to complete service provided they comply with the requirements.
Parties typically are not allowed to serve items that require... Read more »
answered on Jan 16, 2023
No. While supreme court precedent controls the lower courts, it may not always be the best cite, or even available. This is not legal advice and citing has to be decided on a case by case basis. Attorney's have a duty to the court to provide them with good case law. That varies based on the... Read more »
Never received a list of damages or anything outlining the return of the security deposit. They have my contact info, but I didn’t realize they didn’t have my forwarding address. Lease states the deposit will be returned within 45 days, but only after all conditions have been met. The last... Read more »
answered on Jan 16, 2023
The lease is important but the lease cannot override the CO state statute as it relates to security deposits. More information is needed here. For example, once you provided the forwarding address, did they mail the items in question? Regardless, you should reach out to an attorney to discuss.... Read more »
My father passed away and most of his debt is in his name only. There was no will and the only evidence I have is my mom listed as the beneficiary for both his life insurance and retirement plan. Is that money safe or can creditors take from there? What about their house, is that at stake with... Read more »
answered on Jan 16, 2023
Allot of this really depends. If I recall, If the debt is solely in your father’s name, I would think his estate would be liable for the debt. If the debt was in both your mother and father’s name, then you mother could be jointly liable. If the debt was attached to a security interest such as... Read more »
My neighbor is in a property line dispute with the neighbor on the other side. My neighbor can't sell his property because of a Lis Pendens against his property. Even though he has 2 certified property surveys, he just lost a civil judgement in this property dispute. If the neighbor has to... Read more »
answered on Jan 16, 2023
Having dealt with surveyors in the past, I can tell you there are different quality surveyors, different levels of survey, and different types of surveys. They all carry different weights. Property line disputes often come down to the history of the property. The longer you have owned your property... Read more »
I believe this was falsely post-dated as I received the letter over a month beyond the sixty day time frame as expressed in my lease. Correct forwarding address was given before my move-out. I have been attempting to contact property management to no avail. Letter states I owe rent for months and... Read more »
answered on Jan 6, 2023
The date of the letter is only a factor in determining the true date the letter was drafted and mailed. A better indication may be the envelope in which the letter was mailed. Often, the post office will electronically stamp the date at the top right-hand corner.
If you feel like your... Read more »
If the time specified in section 1 passes and the landlord has not returned the security deposit or provided an itemized list of deductions, are damages and fees still deducted from the amount of 3x the original deposit?
answered on Dec 29, 2022
Think of them as separate topics. The security deposit is meant to secure the performance of the lease. Once the time period has passed, the landlord forfeits the right to retain the security deposit. At that point, you have the responsibility to send the appropriate letters and bring legal action... Read more »
Court on the dockets website and now I don't see my name. Why would I all of a sudden not be on the docket?
answered on Dec 14, 2022
FED proceedings, evictions, are normally suppressed. In otherwords, you may not be able to see them on a normal docket search. You may wish to confirm the time with the clerk.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that... Read more »
I purchased my condo in 2008. He moved in 2014 and still in my place now in 2022. We have a child together. If I get him out of my home can he have claim on half of my condo?
answered on Nov 17, 2022
That really depends. If you never transferred any type of ownership interest to him then in theory you should still own 100% unless you held out as married or did something else that would allow him to acquire an interest in the property.
That being said, you need to be aware of other... Read more »
I've paid Rent to, hires a new realtor/management company 6 months into the year lease. I owe no obligation to the new realtor, because I never entered into a new contract w them?
answered on Nov 9, 2022
That depends on the contract. Typically your duty is to the property owner but they have the option of hiring a property manager to act as their agent. If you are asking then that means there is a potential problem. You should contact an attorney to help you work through it.
Please be... Read more »
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