Started an eviction case, but it was determined it is going to be dismissed without prejudice in a month for 'Defective Service'. I believe I know why the case is being dismissed, and would like to start the eviction process over with a Notice to Quit. May I and how do I start the... View More

Logic would dictate that the longer you've occupied the same space the longer you'd need to move.

Michael Joseph Larranaga Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2023

The type of tenancy you have is often governed by your lease/ contract. In many contracts, there is a provision in the terms section that will change a fixed year to a month-to-month or other. It all depends on the wording. Further, a month-to-month can be established for hold-over tenants in... View More

The letter doesn't have my name, Unit number, the date of the occurrence, landlords signature. And the tenants brother doesn't live in the building or in this city. The tenant no longer lives in the building. This is so wrong.

She Signed for herself. Then a month Later she registered for an LLC at this Address.

Does this break the ORIGINAL Sublease Agreement???

Colorado Springs, Colorado

The property is a 2 bedroom condo and the landlord lives there with the tenants. Everyone has lived there for 4 months total. Tenants are hostile and causing huge distress and decline in mental health of landlord.

I live in a duplex and I'm concerned about the structural integrity of my unit for two main reasons, (1) the retaining wall in the basement/crawl space is just made of dirt and large chunks of dirt keep falling down, and (2) there are braces that have been put in after the building's... View More

The property manager for my landlord recently emailed a bunch of tenants and put everyone in the "To" which means they all have my email address now. The email address I gave to my landlord happens to be my full name, so they have that information now too. Is my personal information protected?

The person I rent from has a history of retaining a cleaning fee from renters, in particular for "professional carpet cleaning", however it has been observed that the carpets were not actually cleaned after that tenant moved out, and the next tenant moved in. For other others who have... View More

Michael Joseph Larranaga Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

Not necessarily. In most circumstances, a detailed statement explaining why your deposit was withheld would suffice. If you choose to sue, then the receipt would most likely be discoverable. But, it all depends on were you are in the process and the initial contract. That being said, their have... View More

I rent half a duplex on a private road. There is a long set of stairs that lead up to the split-off for our respective units. (1) Is the walkway that leads to the split-off considered "common area" and thus the responsibility of the landlord? (2) Is the private road considered... View More

I rented out a room to a very difficult tenant who was very angry with me and when I asked if we could talk things out or if she could tell me why she was upset so maybe I could make it better and she refused. She told me that we could talk by email or text only and she lived in the home with me... View More

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T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023

In Colorado, effectively communicating with your landlord about receiving government assistance is important for maintaining transparency and a positive rental relationship. Consider initiating an open and honest conversation at a convenient time for both parties. Explain that you receive... View More

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Now, the rental rep says that corporate office wants to run my wife and I again without charging us but there may be an increase in deposit my wife is a school teacher and I am just starting a new engineering position I believe this is not following the new tenant laws in Colorado Springs

"fraud of courts." Defense

Background:

1. During the proceedings, the plaintiff's counsel presented unnecessary testimony from a process server to support a false claim of personal service to the defendant. This witness testimony was intended to embolden the... View More

John Michael Frick
answered on Aug 24, 2023

That doesn't sound like a valid defense to an eviction case. It sounds like the judge did the correct thing in dismissing (presumably without prejudice) the eviction against the unserved defendant and evicting the defendant who admittedly was served. The landlord will have to refile the... View More

If lost FED eviction the but plaintiff's process server got caught perjuring. Now this was a possession hearing an affidavit would have sufficed they brought in an orchestrated him to lie I won denied the due process because the judge didn't believe him, but co-defendant was evicted, she... View More

John Michael Frick
answered on Aug 24, 2023

Unlikely. A process server's job is simply to hand a piece of paper to a person and then confirm that it was delivered. If the process server screwed up even deliberately, it won't affect the merits of the case between the landlord and and tenant. At best, the tenant is entitled to a... View More

I did send a 7day demand letter prior to 1 year of the date I moved out, however a death in my family kept me from filing the lawsuit immediately after the 7 days was up and now its been exactly a year since I moved out. Can I still file a law suit to return treble damage deposit?

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answered on Aug 30, 2023

The statute of limitations is very tricky. You should contact an attorney.

For security deposit cases, I typically see a 1-year and 3-year statute at play. The 1-year is for punitive damages and the 3-year is for breach of contract. But the facts are extremely important. They determine... View More

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I was working with a rental assistance agency in July to get help with July’s rent. I finally got approved, but in that time my property management company sent the case to court. I filed my answer 8/7 and paid my current months rent, my back rent, and all legal fees outlined in the notice on... View More

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answered on Aug 14, 2023

Unfortunately, it is impossible to know without knowing the basis of the eviction and the specific facts. If you are being evicted for breaking the law, paying back rent may not be the ticket. It all depends on the reasons.

I would look into Colorado Revised Statutes for forcible detainer... View More

Ive been asking for 8 months

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T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2023

First, write a formal letter describing the problem and requesting a fix within a reasonable period. If the issue persists, report it to local housing authorities or health departments. If necessary, you can explore options like the "repair and deduct" method, where you make the repair... View More

She doesn't like me, therefore went to the owner and lied to get them evicted

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T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023

In Colorado, a property manager is generally required to be licensed to engage in property management activities. According to the Colorado Real Estate Commission, anyone who performs property management services, including initiating or filing evictions, on behalf of another person or entity must... View More