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Colorado Landlord - Tenant Questions & Answers
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

1 Answer | Asked in Construction Law and Landlord - Tenant for Colorado on
Q: Hello what do I do if a former tenant has filed a false lien on my property

my former tenant has falsely filed a lien on my property - claiming to have done $21,000 worth of work over a time of 5 years. What he is claiming is based on no consent to do work, no estimate, no contract and no invoice. He is mad because I had to repeatedly told him to get out. He has... View More

Michael Joseph Larranaga
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answered on Jul 27, 2023

You will most likely need a lawyer. Depending on the facts you could be looking at slander of title or a quit title action of sorts. It depends on what they filed. Their are special rules regarding contractor liens.

Either way, it is most likely beyond the layman.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: who has say over property deeds after owner passes away
Michael Joseph Larranaga
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answered on Jul 21, 2023

It really depends. If the property is owned as joint tenants with right of survivorship, ownership can pass by operation of law without any court involvement. In other instances, probate may be required. Regardless, property ownership is riddled with legal complexities. If you do not know the... View More

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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Colorado on
Q: staying on friend's property she died her husband died his mom had my personal property removed can she legally do this

deed is still in dead friends name

Anthony M. Avery
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answered on Jul 28, 2023

The mother is probably an heir at law of the last owner. She probably has the authority.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If tenants have moved out on May 7th, but the notice to quit is up July 27th, do they still have rights to the unit

They have set up cameras, and are making threats when things were moved - due to termite spraying

T. Augustus Claus
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answered on Jul 14, 2023

If the tenants have already moved out of the unit on May 7th and returned the keys, their rights to the unit may have ended at that time.

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: In a Colorado civil case, can the court rule ex parte on a motion for extension of time to file response to discovery?

Opposing counsel filed motion for extension of time on Friday evening. It states that I am opposed to the motion. I found his email with his motion Saturday evening; I filed my response Monday evening with the court and opposing counsel. He advised me that the court had already granted his motion... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2023

An Ex Parte application is basically a motion with shortened notice to the opposing side. You are usually told exactly the date, time and place where the motion will be heard by the Court so you can go there, personally or remotely, to present your opposition. You can search for the rule on google... View More

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?
Michael Joseph Larranaga
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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 Landlord - Tenant for Colorado on
Q: Can a landlord request an additional $50 monthly pet fee in Fort Collins, Colorado after the lease has been signed?

No mention of a monthly fee is stated anywhere in the lease. Only mention was in the ad "There is a possibility of a monthly pet fee at the owner's discretion." But nowhere in any legal documentation. Additionally, if they try to add an addendum after the fact do I have to sign it?

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

It depends on what your lease says. If it says no pets or fails to include the pet and you add one, then you have to agree to the terms of the landlord or you could be evicted for failing to comply with the lease. You should discuss this with a local Tenant's Rights attorney. Thank you for... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can my landlord end my lease early after I call the board of health?
John Michael Frick
John Michael Frick
answered on May 18, 2023

Potentially yes, although in some circumstances it may depend on the language of your lease.

Each case turns on its own unique set of facts and circumstances, and your question doesn’t come close to including every potentially relevant piece of information.

Say, for instance, you...
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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

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 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.

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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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can an apartment complex change the date rent is due before being charged a late fee, from the date in the lease?

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.

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Personal Injury, Landlord - Tenant and Insurance Bad Faith for Colorado on
Q: Suffered total personal prop loss due to ( cause undetermined) fire mid Sept 2022 ,Entity prop owner, refuses to comp.

The Colo. Vilage collaborative, compensated others some of which had no prop loss. Yet cut ties with myself and a handful of others completely.i filed claim with their ins.provider who stated they had lapsed ,had consumer advocate entity liasion to no avail. And have been trying to get legal help... View More

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2023

A Colorado attorney could advise best, but your question remains open for three weeks. I'm sorry for your property damages. At this point, you could try to set up a free initial consult with attorneys who handle property and casualty claims. If nothing else, you could learn the timelines that... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is it legal for my landlord to tell me about his other tenants and vis Versa with out my consent

My landlord is telling his other tenant's all my business about eviction

Michael Joseph Larranaga
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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

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord not not return my security deposit within 60 days because they didn’t know my forwarding address?

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

Michael Joseph Larranaga
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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

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Received letter in mail that is incorrectly post-dated to reflect within sixty day legal limit as expressed in lease?

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

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: With regards to CO Rev Stat § 38-12-103 (2016)

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?

Michael Joseph Larranaga
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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

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