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Questions Answered by Michael Joseph Larranaga
1 Answer | Asked in Real Estate Law for Colorado on
Q: I have a rental property with an existing mortgage in Colorado. Can I add my son as a joint tenant on the deed ?
Michael Joseph Larranaga
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answered on Jul 10, 2023

It depends. I know everyone hates that answer.

In general, if you own a piece of real property, you can add another person as a Joint Tenant. But depending on state law, if the mortgage is a deed of trust or other, the terms of the contract and so on, changing ownership can be an issue....
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Colorado on
Q: Our city has a community garden enclosed by a fence. Egress requires a key. Is this permissible?

EDITED: Thank you for the reply. However, the question is not about be excluded from entering, it’s about being blocked from exiting.

City residents can rent a plot for gardening. Each gardener is given a key. The community garden is enclosed with a fence with 2 gates. The gates lock... View More

Michael Joseph Larranaga
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answered on Jun 22, 2023

If it is city property then they may have a right to exclude people from their property. It depends on why you are asking, which city, is it open to the public, and so on.

If they are excluding you because of something like race or gender then it could be a big problem. But if is because...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can my Landlord raise the rent every month for the rest of the year to fix up the property?
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answered on Jun 22, 2023

I would look at some of the recent rent increase laws. A landlord can raise the rent but there may be limitations on how often they can do it in a single year.

That being said, if they are charging you a fee to fix the property up then it could be something different. It's hard to...
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1 Answer | Asked in Civil Litigation, Civil Rights, Domestic Violence and Small Claims for Colorado on
Q: Looking for solace and answer's in this Messy divorce, I'm open to suggestions on how to pursue legally?

ex-wife felt like telling all our neighbors and even the police that I physically and emotionally abused her. I separated from her because I had enough of the blame someone else for your problems attitude. She even went as far as getting help from a domestic abuse line in which they assisted her... View More

Michael Joseph Larranaga
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answered on Jun 5, 2023

This is a hard one particularly because you are dealing with a sensitive topic.

No one wants to say that a domestic violence victim was not a victim but a liar. That being said, it does not mean it is impossible to prove. The real issue comes down to public perspective. A strong case can...
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1 Answer | Asked in Civil Litigation, Divorce and Family Law for Colorado on
Q: What determines common law marriage in the state of Colorado? We bought a home and were together for 9 years

I filed for divorce and his attorney filed that we are not common law married.

Michael Joseph Larranaga
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answered on Jun 5, 2023

Common law marriage is a complex question that you should hire an attorney to help you address. You typically need to be together for a certain amount of time and hold out as married such as wearing wedding rings, calling each other husband and wife, and so on. Each state is different, hence the... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Were i work has a back page on there menu that says they add on a extra 3% to your ticket to give the cooks as a bonus.t

The restaraunt keeps all the money and cooks see nothing...is that legal

Michael Joseph Larranaga
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answered on Apr 21, 2023

I don't how this would play from an employment law aspect but I smell a potential tort lawsuit for the consumers if that is indeed true.

3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Colorado on
Q: I got offered a buyout amount for a jointly-owned condo in Estes Park Colorado, I was wondering if it is fair and just.

The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... View More

Michael Joseph Larranaga
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answered on Apr 21, 2023

Good morning,

I think this is better posed as a math question. There are allot of factors to this question that are not shown here including your risk tolerance, the cost to sell the house, the real FMV. I would think 1st you would need to establish if there is a presumption that you are...
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3 Answers | Asked in Contracts for Colorado on
Q: Do contracts hold up in the court of law in Colorado? Can a person write a contract if it does not obey the law?

Constitution makes a statement about the general assembly, not imposing upon the obligations in a private contract. Wouldn’t that be in to fair to say that the law cannot thwart the obligations in a private contract? Or can the law superceede any contract? What if the parties are not obeying the... View More

Michael Joseph Larranaga
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answered on Apr 20, 2023

Contract Law and the constitutional do overlap. It’s a give and take. While most contractual provisions may be valid, the state does have a considerable amount of power under the police power to affect contract law. Each state has the power to write laws to support public wellness. If a law is... View More

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1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: How do I find out if my mother had a will? She died in 2020.
Michael Joseph Larranaga
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answered on Apr 20, 2023

Thats a hard one because people store their wills in different locations.

I would start by digging through the house, safes, deposit boxes, and so on. If you can't find it, then you need to broaden your search.

You may wish to start checking with public sources where your...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Doctor did a procedure on me without telling me they were doing it, no info why, didn’t ask if ok & no informed consent

I wanted to know if they are allowed to do this? I never met the doctor before, he never asked me questions, or did an full exam. I believe he went off of the bad/wrong info his MA wrote. She never let me know he was going to do a procedure or about the medication she was putting in me, I was there... View More

Michael Joseph Larranaga
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answered on Apr 20, 2023

While there is likely more to this story if there was no authorization and the operation was performed on the wrong person then it can be a major problem. You need to contact a personal injury attorney to discuss this. Words such as assault, battery, and gross negligence come to mind.

2 Answers | Asked in Criminal Law and Personal Injury for Colorado on
Q: How would someone, attempting to commit suicide, jumped off a building then landed on and killed someone, be tried?

This is assuming the jumper survives and is in a condition in which they can appear at court

Michael Joseph Larranaga
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answered on Apr 4, 2023

Agreed. This is an awful hypothetical but something you may see in a law school practice book. I will approach this as if it could be a practice question for law school. Please note that I do not practice criminal law but I am always up for a lively discussion.

If there is no intent to...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: In Colorado can I be held responsible for hidden water damage (mold removal) ,that I wasnt aware of.? I'm a tenant.

The unit is a subsidized low income apt owned by the local housing authority, who are suing me for $4000 .

Michael Joseph Larranaga
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answered on Mar 31, 2023

That depends. A better question may be what caused the mold? If it is from a water leak due to the landlord’s failure to maintain the roof then maybe not. It just depends. Regardless, you may wish to contact an attorney. If your lease has an attorney fee provision, they may be willing to take it... View More

2 Answers | Asked in Civil Litigation for Colorado on
Q: My Dad’s life insurance paid me $40,000. Insurance co claims they paid me double. What do I do? I don’t have the money.
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answered on Mar 31, 2023

Good afternoon,

I would suggest pulling a copy of your dad’s life insurance policy and contacting an attorney.

You need to identify who the beneficiaries are on the policy. If you are truly owed $80,000 and they only paid $40,000 then you may have a claim for legal action. But...
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1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: My mother passed away and left the family home to her children. There were 5 siblings. 3 quit claimed their interest.

Three were paid off when sibling 1 took out loan. Sibling 2 was in prison and quit claimed but never got their share. What is the best way to fix this situation? Three siblings have no ownership. Sibling one and two have different percentages of ownership but nothing in writing. Sibling 2 currently... View More

Michael Joseph Larranaga
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answered on Mar 29, 2023

If the property has already gone through probate and the personal representative distributed all the deeds, then there are numerous options including a partition action, contract negotiation, or other.

If the property did not go through probate, then that may need to happen so the deeds...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a property manager amend a lease in placement of a landlord?

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?

Michael Joseph Larranaga
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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... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: I a the president of our neighborhood hoa. An owner has built an addition on his property. How can we get it removed?

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... View More

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Month-to-month lease: Our landlord wants to impose a 50% fee to make us sign after raising rent in the last year. Legal?

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... View More

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I need some help with Colorado lease and eviction law for commercial properties

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... View More

Michael Joseph Larranaga
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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.

3 Answers | Asked in Criminal Law, Animal / Dog Law and Federal Crimes for Colorado on
Q: What is the exact law for how you can't kill a human because they killed your pet, since pets are property?

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

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My Grandson signed a lease with his roommate. The roommate is now spending his portion of the rent on drugs

My Grandson is now paying for himself and roommate. What are my Grandson's options ?

Michael Joseph Larranaga
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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...
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