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Colorado Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Colorado on
Q: My eviction case will be dismissed without prejudice in a month. Can I start the eviction process over before then?

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

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Colorado on
Q: Trying to find an explanation as to how tenancy is changed from yearly to month to month while not moving in and out?

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

Michael Joseph Larranaga
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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

0 Answers | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord give a verbal written warning to a tenant from another tenant's brother who doesn't live in that city?

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.

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Can my Subleasee START and OPERATE an LLC registered to this Address...AFTER She signed a Personal Sublease?

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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: What is the penalty for not having a separate trust account for a rental deposit?
Michael Joseph Larranaga
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answered on Sep 11, 2023

While I am not aware of any penalties, there are benefits to keeping a separate bank account for security deposits. For one, if you are sued, bank records are open to discovery. As such, if you put the deposit in a separate account then you do not necessarily need to divulge your personal records... View More

0 Answers | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Is it legal for a landlord to terminate a lease early?

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.

0 Answers | Asked in Landlord - Tenant for Colorado on
Q: How can I find out if I am unsafe if there appears to be structural issues with my building?

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

0 Answers | Asked in Landlord - Tenant for Colorado on
Q: Do I have any recourse for my property manager sharing my personal information with other tenants without my consent?

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?

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If a portion of my security deposit is retained for carpet cleaning, is my landlord required to provide me a receipt?

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
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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

0 Answers | Asked in Landlord - Tenant for Colorado on
Q: I am renting one half of a duplex. Is the Y-shaped pathway that leads to our respective doors considered "common area"?

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

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can my landlord charge me full months rent until a new tenant is found if i am kicked out?
T. Augustus Claus
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answered on Sep 4, 2023

In Colorado, if you are evicted or leave your rental property before the end of your lease term, your landlord has a legal duty to mitigate their damages. This means they must make reasonable efforts to re-rent the unit to a new tenant. You are generally responsible for rent until a new tenant is... View More

0 Answers | Asked in Landlord - Tenant for Colorado on
Q: Does Denver Colorado law require me to do a walkthrough on a roommate situation?

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

2 Answers | Asked in Landlord - Tenant for Colorado on
Q: Is there a proper way to inform landlord that I receive government assistance? (In Colorado)
T. Augustus Claus
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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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0 Answers | Asked in Landlord - Tenant for Colorado on
Q: Q: Yes, I am moving a new place now, and my wife and ran our own tenant screening though apply connect came back good.

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

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Colorado on
Q: Can someone read this over and see if I'm accurate or not, for me please Motion to reconsider judgment in FED Eviction

"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
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

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Colorado on
Q: Would the plaintiff's process server getting caught perjuring affect outcome of case or appeal?

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
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

2 Answers | Asked in Landlord - Tenant for Colorado on
Q: What is the statue of limitations in Colorado to file a lawsuit against a landlord for failure to return the deposit?

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?

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If I pay all back rent, current rent, and fees before my scheduled court date is the case still active?

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

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My landlord is not fixing loud pipes. I want to withhold rent. What should I do?

Ive been asking for 8 months

T. Augustus Claus
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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

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a property manager who is not licensed file for eviction?

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

T. Augustus Claus
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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

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