I was 1 day over my move out day. He allowed them to access my other storage to put some of my items in it.
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answered on Nov 24, 2023
In Colorado, the rules regarding storage unit fees and access are typically governed by the lease agreement you signed with the storage facility. It's crucial to review this agreement to understand your rights and the owner's rights in situations like being overdue on moving out.... View More 
He didn't not file an lien. He is charging me 500 for tbe labor also he allowed them to enter my other storage to put items out of the first storage. With out my consent or knowledge.
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answered on Nov 24, 2023
It's important to review the terms of your storage unit rental agreement to understand your rights and the owner's obligations in this situation. Storage facility agreements usually outline procedures for late move-outs, fees, and handling of items left in the unit.
If the owner... View More
My roommate and I have a joint lease (12 mont). They failed to uphold agreed-upon nonnegotiables, and my well-being is at risk. Numerous conversations have not gotten anywhere. Our lease has a "leasee" termination addendum with a 60-day notice and a fee. I have offered to find a... View More
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answered on Nov 8, 2023
In a joint lease situation, typically all parties are jointly and severally liable for lease obligations, which means the leasing company can require consent from all lessees to change the agreement. If the lease explicitly provides a termination addendum that allows an individual lessee to... View More
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answered on Nov 6, 2023
The short answer is yes. Depending on your specific facts, it is possible. For example, if a person was not properly served and not provided an opportunity to be heard, that person in theory, could ask the court to set aside the judgment. Why? Because we have the right to due process in this... View More
I was granted a motions to reopen the eviction case and one for default judgement. The documents the courts send to the defendants were by mistake sent in their name but with my address. Do I put on the envelopes return to to sender wrong address or take them to the courthouse and tell them their... View More
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answered on Nov 8, 2023
You should notify the court of the error immediately. It is generally not your responsibility to correct court mailing mistakes, and you should refrain from taking any action that could be misconstrued, such as hand delivering the documents to the defendants. Marking the envelopes as "Return... View More
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answered on Oct 27, 2023
In Colorado, tenants have the legal right to reside in a habitable dwelling, free from significant infestations such as bedbugs or other pests. The specific laws that regulate these conditions generally fall under the implied warranty of habitability. This warranty mandates that landlords provide... View More
We have lived together for 1.5 years in my home that I own outright. We are separating and I am asking her to move out. We do not have any kind of lease agreement and she does not pay rent. How much time does the law allow for her to remain in the residence? I am going to write a formal letter and... View More
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answered on Oct 23, 2023
If your girlfriend has been living with you without a formal lease and doesn't pay rent, she may be considered an at-will tenant or licensee in many jurisdictions. Generally, for at-will tenancies, you would need to give a notice equivalent to the pay period, which in this case might be seen... View More
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answered on Oct 6, 2023
In Colorado, if a landlord wishes to withhold any portion of a security deposit due to alleged damages caused by a tenant, they must provide the tenant with an itemized list of all deductions and the reasons for them. If there is a dispute about the damages and it goes to a hearing, it's... View More
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answered on Sep 28, 2023
Colorado did recently pass a law regarding a landlord's responsibility to provide a tenant with a receipt for cash payments. There are exceptions, but it is generally good practice to give your tenant a receipt. That being said, the damages resulting from such a failure would be difficult to prove.
Logic would dictate that the longer you've occupied the same space the longer you'd need to move.
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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
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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
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
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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
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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
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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
"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
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
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
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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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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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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