I have reported and recorded noise in my apartment ceiling for 2 months. Some of this is the upstairs neighbors, and some of this is likely due to damaged subflooring from a flood that happened two stories above me in 2021. It is so loud in my bedroom I cannot sleep in there, and had to move into... Read more »
I am a landlord and have collected first and last month's rent when the tenant moved in. If my tenant vacates early and the house is re-rented, do I need to return last month's rent? They have fully paid their rent up until their departure.
I'm concerned about proposed HB23-1171 that allows landlords a just cause eviction if the tenant has committed a "substantial violation." What are some tenants actions that would constitute a substantial violation?
My last parent passed 11 years ago. Under the terms of the will, my invalided brother was able to live in the family house for the remainder of his life. He passed in October of 2022. My remaining sisters and I would like to sell the house. We ( one of which is the representative of the estate)... Read more »
The well permit number in the contract is not the Well that services the property. Do they still have a claim of breach of contract?
There is an owner who has built a "screened in porch" off the side of his house, but he built it on the common area, which he does not own. The HOA owns all common areas. I have the papers that show the property lines, and he has definitely built the room on hoa property the... Read more »
answered on Mar 10, 2023
Good afternoon,
The HOA will most likely need to file a lawsuit against the property owner. If the structure is on HOA property, then it may fall under trespass law. In the alternative, it may be a breach of covenants. Regardless, if they are not moving it on their own then you may need to... Read more »
What does this mean on a deed to property in colorado. So where it says Name are the people's name on the deed
answered on Mar 8, 2023
I can't interpret the phrasing on the deed without seeing the entire document, but in general, the phrase "1/3 ENT" likely means a "one-third interest" or a one-third ownership is conveyed to that person. Contact an attorney and ask for help interpreting the deed and... Read more »
What is considered 'reasonable time' to resolve maintenance requests? Specific questions regarding 'non habitable' violations. I have 3 unresolved issues to discuss further, please.
Our rent was last raised in July. C.R.S. 38-12-702 is supposed to prevent landlords from raising rent more than once in the last 12 months, even for month-to-month leases. Our real estate company wants to impose a 50% fee for month-to-month renters in order to "incentivize" signing a new... Read more »
answered on Feb 28, 2023
It depends. If the 50% fee is a holdover fee, then it may be legal. If it is a late fee or rent increase, then it becomes more doubtful. Late fees should not be close to that amount. A rent increase can be to any amount provided they meet the timeframe requirements.
If the fee is not... Read more »
Then ask for an EUO almost 8 months later? They did not ask for EUO with in 15 days. The claim has now drug out to be eight months long. We just received one small payment, and they are not wanting to pay out the rest of the claim which is substantial.
According to our declarations. We feel... Read more »
answered on Mar 4, 2023
A Colorado attorney could advise best, but your question remains open for a week. More details are needed about the carrier's need for the EUO. You raise a good point. If the claim appears to be turning contentious, you could explore representation. Most injury law firms offer free initial... Read more »
answered on Jan 20, 2023
If the governing documents specifically state this, then yes but it is highly unlikely that it does. On the other hand, you have a right to inspect the books---I would recommend that you contact a local HOA/real estate lawyer and sit down and discuss the specifics of your dispute and then decide... Read more »
My neighbor is in a property line dispute with the neighbor on the other side. My neighbor can't sell his property because of a Lis Pendens against his property. Even though he has 2 certified property surveys, he just lost a civil judgement in this property dispute. If the neighbor has to... Read more »
answered on Jan 16, 2023
Having dealt with surveyors in the past, I can tell you there are different quality surveyors, different levels of survey, and different types of surveys. They all carry different weights. Property line disputes often come down to the history of the property. The longer you have owned your property... Read more »
I only signed contract with the contractor and he is bankrupt now. what should I do?
answered on Jan 10, 2023
Dear Owner with Subcontractor Lien: The threshold question for proper legal analysis pertaining to the Subcontractor is whether or not the subcontractor sent to you, or tried to send to you, a certified mailing containing the proper notice that is required prior to recordation of a lien (it's... Read more »
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?
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... Read more »
I purchased my condo in 2008. He moved in 2014 and still in my place now in 2022. We have a child together. If I get him out of my home can he have claim on half of my condo?
answered on Nov 17, 2022
That really depends. If you never transferred any type of ownership interest to him then in theory you should still own 100% unless you held out as married or did something else that would allow him to acquire an interest in the property.
That being said, you need to be aware of other... Read more »
answered on Nov 11, 2022
Company B is likely just the servicer and not the actual note holder. This happens routinely and and is generally nothing to worry about.
We are military and both technically reside at my husbands property in texas however he inherited the property, in addition we paid the taxes this past year out of my saving and will be paying the taxes out of his account this next year, but we both use the account? It sounds to me like it’s to... Read more »
answered on Nov 7, 2022
This sounds like it is his separate property. However, any increase in the value of that property that occurred during the marriage is marital property, subject to an equitable division (meaning "fair'", not necessarily "equal"). You should get a lawyer to help you with this.
My husband has inherited property in Texas however I manage the property and I pay the lawyer as well as recently paid the taxes we’re looking at divorcing and he states that he won’t give a portion of the profit when it sells to my son or I. In addition it should be noted that he’s giving up... Read more »
answered on Nov 7, 2022
In a Colorado, divorce, inherited property is considered separate property. However, any increase in the value of that property is marital. You may have some claim for the property taxes. You should get a lawyer to help you with this.
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