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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
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
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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.
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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
deed is still in dead friends name
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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.
They have set up cameras, and are making threats when things were moved - due to termite spraying
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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.
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
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
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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... View More
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?
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
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