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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?
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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 
My ex and I broke up in Feb due to her infidelity. We had a lease together and she walked out on it. One day I got home and all her stuff was gone. A couple months later, she went back and took her mattress and stuff. She left behind a keychain with a key on it. Our lease already ended , she knew... View More
answered on Dec 28, 2022
Clearly, if you are able to find the key, that would solve it.
If you cannot find the key, however, I think it will be very difficult for her to prove any liability on your part. It is easy to file a lawsuit, so she could definitely file a suit against you. Once she's filed, however,... View More
Court on the dockets website and now I don't see my name. Why would I all of a sudden not be on the docket?
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answered on Dec 14, 2022
FED proceedings, evictions, are normally suppressed. In otherwords, you may not be able to see them on a normal docket search. You may wish to confirm the time with the clerk.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that... View More
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answered on Nov 9, 2022
If the locks were changed and you were not evicted through the court process then you may have been unlawfully evicted/removed. You may wish to speak to an attorney. The court may be able to restore you back to possession if you have been unlawfully removed.
He stated I did not paid a pet deposit which is included in my lease and quoted as paid at time of lease he says if I take him to court he will charge me more than what he was originally going to even though I lived in the apartment for 7 and 1/2 years I do have what he was going to originally... View More
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answered on Nov 9, 2022
You should get in contact with an attorney. They would need to review your contract to determine what your landlord could and could not charge you.
Colorado has a security deposit law. It may be worth reviewing.
Please be aware that any answer is based on all the events occurring... View More
I've paid Rent to, hires a new realtor/management company 6 months into the year lease. I owe no obligation to the new realtor, because I never entered into a new contract w them?
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answered on Nov 9, 2022
That depends on the contract. Typically your duty is to the property owner but they have the option of hiring a property manager to act as their agent. If you are asking then that means there is a potential problem. You should contact an attorney to help you work through it.
Please be... View More
This is for a story I am writing. I am wondering if a tenant's association, as a legal entity, were to sue an owner for gross negligence in managing the building, if they could be awarded ownership of said property. How realistic of an idea is this?
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answered on Oct 20, 2022
Sorry to say but it would be unlikely. Most of the time in litigation, if you prevail, you would be awarded monetary damages. There are certain exceptions such as when a contract has a specific performance clause or there is some reason in equity why another type of award is more appropriate.... View More
My landlord decided to end the month-to-month lease abruptly over text message. I said I think this needs to be in a written format, signed and dated.( the lease does not specify the format) Which they responded that a text is perfectly legal and have yet to send any further information regarding... View More
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answered on Oct 20, 2022
You may wish to contact an attorney so they can review both the text and your lease.
The forcible detainer statute does have some requirements around how notice has to be delivered. That being said, in contracts, a writing can be a lot of things including an email if it is defined in the... View More
Tenant agreed to move out to avoid eviction. At the agreed date to vacate, tenant had removed most personal property and didn't show up for scheduled final walk through. Tenant isn't responding to attempts to contact and hasn't turned over the keys and I don't know where they... View More
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answered on Oct 19, 2022
I suggest you read the unlawful eviction statute and talk to an attorney. If the tenant cannot be deemed to have abandoned the house based on a reasonable person standard, you may need to evict them. Otherwise, you are subjecting yourself to liability. Again, talk to an attorney.
Please be... View More
Acting as Durable POA for my incapacitated father, (with no limitations at all) - him being grantor of 1/2 a living trust within the family, I have been rejected 90% of the time I make a decision "as if I were him". Trustee will not respond to me at all or respect any of my father's final wishes
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answered on Oct 20, 2022
I think you need to determine if the trust is revocable or irrevocable. If it is an irrevocable living trust then you may not have the authority to do anything as that authority may rest with the trust administrator. I am in no way an expert in trusts but you may be able to find some information... View More
Property management put in the lease that I, the tenant, am responsible for rodents. This does not supersede the implied warranty of habitability, does it? I alerted them immediately, and they did not respond to me within 24 hours. Then when they did they denied getting an exterminator and told... View More
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answered on Oct 14, 2022
I would say call an attorney.
Mice and rats could be a violation of the warranty of habitability. They are actually listed as one of the enumerated items if the infestation is bad enough. But you need to figure out if it qualifies, if it does then provide the proper notice, and so on.... View More
Every payment is charged a convenience fee. I got charged 100 because they had to relocate my car. That bill is now 170 because of the convenience fee. This doesn’t seem fair.
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answered on Oct 4, 2022
I think that question would come down to your lease. I would recommend reaching out to an attorney. $70 seems like a allot. If your lease requires you to pay online then it may even be a material term that may be enough to undue the entire contract. Like I said, reach out to an attorney. That is a... View More
A home on our street was torn down and a new home was started but only got as far as framing the house, then the progress stopped 2 years ago. The owner lives in Florida (this home is in Colorado) and the owner's son is homeless and has schizophrenia camps in the backyard. Other homeless... View More
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answered on Oct 3, 2022
In short, it would be difficult to force the sale since you do not have an ownership interest.
Could there be other legal remedies? Potentially. You should call an attorney to check.
If the occupants are there without the landowner’s permission, it could be trespass. Again, it... View More
They put SOD in the back yard and charged us for that which is fine but when we moved in there was not grass in the back yard there were patches of weeds and grass. They charged us to throw trash that was removed from there and charged us for a dish removal and that was there when we moved in.
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answered on Oct 3, 2022
This is an oddly phrased question.
The security deposit and the amount that a landlord can charge you for damages that you caused to the lease are typically not related. The security damage acts as an advance that can be used to help cover those damages if needed. It is typically, not a... View More
I just moved into to and owner occupied home I have the whole garden level space. After 1 week owner says not a good fit provides a 30day notice to vacate. I have had no violations, not loud it’s just me and my 13lb mini Aussie. I’m disabled and hispanic so I’m not sure if she is... View More
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answered on Oct 3, 2022
It depends. You need to talk to an attorney. If you are on a month-to-month lease, they may be able to terminate without cause on a 30-day notice. IE, they may not need a reason. Regardless, they need to follow both the lease and forcible detainer statute.
Regardless, more information... View More
I was notified of the maintenance (there’s never been any issues) I received a call that my dog had “gotten out” and they were attempting to retrieve him. Then I got a call a bit later stating they had “lost sight of him”. I left work after the first call to go get my dog myself but they... View More
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answered on Oct 3, 2022
The dog is back safe and sound. That is the important thing. If the dog got out during a scheduling maintenance event, then it may be no more than mere negligence. It sounds like the landlord tried to do the right thing by looking for the dog and paying for all the associated costs.
You... View More
My roommate is unemployed so between her and I only I can afford the apartment on my own. It's a joint lease. If I leave my landlord will sublease the whole apartment. If she leaves our credit is fine but she refuses to sublease her room. I'm paying the bills and my only way out is if I... View More
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answered on Oct 3, 2022
You may wish to talk to the landlord about the situation. Often times they can help you come to a solution.
Getting evicted should be avoided if possible. If the eviction is entered by a court, it becomes public record. That can make it difficult down the road to obtain another apartment.... View More
An AC unit outside of my apartment building has had an increasingly loud and high-pitched screeching coming from it. I've submitted a maintenance request and the team has basically come out to notate information about the unit and that's it. The issue began a couple of weeks ago,... View More
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answered on Oct 3, 2022
Well, it is possible that an A/C unit may fall under the warranty of habitability, you may be better off checking your contract for clauses regarding the landlord’s duty to maintain the property.
I feel it is important to caution tenants against withholding rent for warranty of... View More
the tenant owes? “We have been trying to collect from Sierra since May due to her paying late on her rent. She has been accruing late fees and has been posted several times. We sent emails concerning past due account: 4/16, 5/5, 5/13, 5/17, 5/19, 5/21, 6/3, 7/8, 7/12, 7/21, 7/28. We have posted... View More
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answered on Sep 22, 2022
You need to check with an attorney.
In short, anytime you post any type of factual comment you need to be aware that you could be subject to a defamation suit.
In addition, you need to walk through the late fee issue. During COVID a few significant bills passed regarding late fees... View More
Landlord withheld my entire security deposit of $1750 and charged $2065 on top of that for “estimated” repairs. They will not provide receipts, I have requested them several times. They took me to court because I did not pay until I received receipts. Now I will be responsible for interest and... View More
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answered on Sep 19, 2022
You need to talk to an attorney. The landlord as Plaintiff, just like in most civil cases, has the burden of proof which includes proving their damages. Damages do not need to be exact, but they cannot be guesses either.
Depending on where you are in the process, you may even wish to... View More
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