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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.
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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... View More 
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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... View More
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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.... View More
My landlord is telling his other tenant's all my business about eviction
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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... View More
My ex tried hand delivering papers to restrict my parenting time
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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... View More
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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... View 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... View More
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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.... View 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... View More
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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... View 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... View More
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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... View 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... View More
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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... View 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?
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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... View 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?
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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... View 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?
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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... View 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?
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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... View More
My wife and I moved out of our apt in Westminster, CO in 2020. We truly left the place significantly cleaner than it was when we moved in. They told us we would receive a fraction of our deposit. That alone can bring up another legal question in itself. We called so many times asking about when we... View More
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answered on Nov 9, 2022
There may be potential legal actions you can take. But you should call an attorney ASAP. If you are going on three years, there is a good chance you may toll under the statute of limitations meaning any claim you could bring you can no longer bring because you waited.
Please be aware that... View More
He stated I did not paid a pet deposit which is included in my lease and quoted as paid at time of lease he says if I take him to court he will charge me more than what he was originally going to even though I lived in the apartment for 7 and 1/2 years I do have what he was going to originally... View More
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answered on Nov 9, 2022
You should get in contact with an attorney. They would need to review your contract to determine what your landlord could and could not charge you.
Colorado has a security deposit law. It may be worth reviewing.
Please be aware that any answer is based on all the events occurring... View More
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answered on Nov 9, 2022
If the locks were changed and you were not evicted through the court process then you may have been unlawfully evicted/removed. You may wish to speak to an attorney. The court may be able to restore you back to possession if you have been unlawfully removed.
My girlfriend and I planned a small wedding with an officiant we had hired. A few weeks before the wedding I started having second thoughts and told her that I couldn't go through with it. We eventually agreed to go through with the ceremony and have some photos taken so her family in another... View More
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answered on Nov 9, 2022
Common law marriage is a fact intesive analysis. You should contact an attorney. if you did in fact put yourself into that category then you can apply for a divorce. It sounds like you are both on speaking terms so now is the time.
For example, if attempts to serve someone a civil lawsuit at their home address have been unsuccessful, could that person be served via the registered agent for an LLC they own, even if the LLC is not named as a defendant in the lawsuit? Specifically, if they're using a registered agent... View More
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answered on Nov 9, 2022
I would recommend reviewing the rules of civil procedure as they pertain to personal service. There are quite a few ways to obtain personal service. If you are unsure, you should contact an attorney. If you cannot afford one, another option may be to hire a good process server that is familiar with... View More
I’m a military spouse and I’ve never had my name on the account my husband and I both use. This is because we wanted credit scores esperares and also we’d have to practically jump through hoops to add me. If we separate are all the bank accounts considered shared since we both spend money out... View More
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answered on Nov 9, 2022
It is more complicated than that. If the money has co-mingled during the marriage it may be considered marital property. It is possible to have separate non-marital property but safeguards need to be put in place. You should talk to an attorney to help you make that determination.
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