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Colorado Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is it legal for a landlord to reply to a bad review from a tenant online by listing out all of the months of rent that

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... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
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...
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1 Answer | Asked in Landlord - Tenant and Civil Litigation for Colorado on
Q: Can a landlord sue you based on estimates without an explanation of what was repaired?

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... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
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...
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1 Answer | Asked in Contracts, Landlord - Tenant and Animal / Dog Law for Colorado on
Q: I have an apartment lease which stipulates certain breads of dogs considered dangerous and not allowed.

There are many dogs on that list now living in my complex. The office says the owners of those dog’s presented documents claiming the dogs are “emotional support “ animals and they are required to accept them. How is this not a breech of my lease which prohibits such dogs? Thank you

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 16, 2022

In many circumstances federal and state law trumps contract law. Contract law must live in the legal framework setup by both the state and federal governments. A personal contract typically cannot supersede a state or federal law unless the law allows itself to be superseded.

If a contract...
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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: Can a landlord evict me if I am a victim of domestic violence and have notify them of it? I

They are evicting me because my lease was expired but I have been paying rent on a month to month basis since march

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 16, 2022

Sorry to say but more information would be needed. If your lease truly did expire you may have a month to month tenancy that can be terminated with the proper notice.

In terms of domestic violence, Colorado does have a couple of statutes that address this point. From what I recall, the...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord withhold a portion of the security deposit for “lost rents” and is so what is the time frame?

We moved out 12 days ago. Our old landlord put the house on the market 7 days ago. They had one person look at the property and mention pet urine smells in one of the bedrooms as their reason for not renting. Now they are trying to withhold $1,000 for “lost rents.”

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 14, 2022

I would reach out to an attorney.

From a general standpoint, most leases permit a landlord to withhold a portion of the security deposit to cover damages to the leased premises exceeding normal wear and tear. This could include the cleanup of pet urine.

Landlords needs to be...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If my apartment give me a notice telling me I have to be out in 60 days can they still give a vacate in ten days notice

So my apartment put a notice on my door telling me I have to leave in 60 days because they want to removal. Can they also 10 day vacate the permits notice after that??

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 8, 2022

It depends. I often see both notices to quit along with notices for substantial compliance sent out at the same time.

If the tenant complies with the substantial compliance notice, then the notice to quit kicks in.

If the tenant fails to comply with the substantial compliance...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Landlord has yet to remove wasp nest from inside apartment after nearly 2 weeks

The wasps were nested in the bedroom ceiling and broke thru a week after living there. They have now infested the whole apartment. Landlord was contacted August 1st but only makes promises of sending pest control over and never fulfills. They now won't even answer calls or emails.

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 26, 2022

I would call an attorney

In Colorado, we have a warranty of habitability statute. If a situation materially interferes with the tenant's health and safety then it could run afoul of the code. You need to ensure you provide proper notice and ensure you qualify. If you do both, the...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can I get out of my lease early if my landlord has large trash that hasn't been picked up in over a month?

Someone dumped a hot tub at the dumpster of my complex. It's been there for over a month. Now there are couches and people are starting to throw trash in the hot tub. It stinks, it's an eyesore and isn't safe or sanitary. I asked my landlord almost a week ago to remove the trash.... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 26, 2022

If the trash is creating a health and safety problem then it may raise a warranty of habitability issue.

In short, if the condition creates a material threat to the tenant's health and safety there are certain situations where the tenant can demand the issue be repaired and if not...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My rent payment portal removed fee-less bank account payment options. The charges for credit/debit are not in lease.

After renewing our lease, our management company removed the option to pay with a bank account leaving only the options to pay with credit or debit, and incurres huge fees to do so. The current lease states all rent and fees agreed to in the lease shall be paid through the mandatory portal, but the... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 26, 2022

This is a grey area. If the contract does not specify that you need to pay any credit card fees you may be able to argue that they cannot charge them. I would think this is especially true since they do not provide you with any payment options where you would not need to incur these fees. But it... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How do I get ex to leave the place i rent, i gave him 30 days, thats come and gone, asked several times, he refuses

He is staying in his truck and in a shed that is out back in driveway and small yard, but still does not work or contribute at all, and I need to move on with my life, what do I do to get him to leave, I am a single mom and cannot afford to hire attorney for this

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 26, 2022

It depends on if he is on the lease or was a tenant.

Unfortunately, you need to talk to an attorney.

You may need to file FED (eviction) proceedings to get him removed from the property. In the alternative, if he is not a tenant and does not have a right to be on the property then...
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1 Answer | Asked in Employment Law and Landlord - Tenant for Colorado on
Q: Received a notice to vacate in 21 days, I have worked were I live for 5 years and not paid. Is this legal

I worked for owner and lived at motel he owns for five years we were to re t rooms, and keep property cleaned and mowed. He did not pay us and now wants to terminate our employment. He has not paid sales tax last document says 2013, he has repeatedly had power shut off closed accounts we used for... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 26, 2022

It may be illegal. I would recommend you contact an attorney.

In Colorado, we have the unlawful eviction statute. In certain cases, if the landlord is intentionally shutting off the power to the residence it may constitute an unlawful eviction. This is a very fact-intensive analysis. The...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: 60 day notice issues

1) If I gave my apartment manager written 60-day notice and they discarded/lost it, can I still be punished as though I didn't give it at all?

2) Does it even matter if my apartment on my lease is a different apartment than the one I'm being charged for?

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 26, 2022

I am speaking solely in the context of events occurring in Colorado.

1) If you gave your apartment manager proper notice under the lease, it should not matter if they lost it or are unable to find it. I would hope you kept proper documentation. If so, the best course of action may be just...
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2 Answers | Asked in Contracts, Business Law and Landlord - Tenant for Colorado on
Q: Can a commercial landlord forcibly remove tenant's contents without the eviction process - even if it's in the lease?

Upon coming to that conclusion, he mentioned a "mean way" and a "nice way" to handle this. As an art gallery, we need to be careful how we move everything, so we need some time. He said the "mean way" would be their having "repossession trucks" come in with a... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 23, 2022

Afternoon,

If you have a landlord threatening to remove items from a commercial space, you need to obtain an attorney right away.

In Colorado, we have the unlawful eviction statue otherwise known as C.R.S. 38-12-510. The statute prevents landlord from evicting tenants without...
Read more »

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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Hello, Is this a breach of Colorado's Warranty of Habitability law?

I have expressed concern about the lighting in my house to my landlord a few times dating back to 8/15/22. I have sent out one text message, a call and an official request to be it done through her website. She has been completely unresponsive. The lights have been flickering constantly and dimming... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 22, 2022

Afternoon,

Colorado’s warranty of habitability statutes can be found at C.R.S. 38-12-501 TO 38-12-511.

In short, Colorado’s warranty of habitability statutes requires landlords to address conditions that materially interferes with the tenant’s life, health, or safety. What...
Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Colorado on
Q: I was illegally kicked out of my apartment and would like to sue for being made homeless. What kind of attorney do I nee

I was initially evicted, but worked with another lawyer to get the eviction removed. I still had to leave my apartment with only a days notice and have since been homeless. I would like to sue them, but I am having difficulty finding what type of lawyer I need to find to help me.

Tim Akpinar
Tim Akpinar
answered on May 19, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. You ask what type of lawyer you need. Out of the categories you chose, landlord-tenant is probably the best place to start. Personal injury attorneys aren't likely to have... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is a landlord supposed to provide housing if rental house has plumbing issues and needs tenants to vacate premises?

I am currently being asked to vacate my rental room due to plumbng issues in the house. Is the landlord supposed to provide temporary housing while the plumbing issue gets fixed?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 26, 2022

What does your lease say in this type situation? If it is silent, then no.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My security deposit of $1,032 was withheld for over 90 days without reason from my landlord. I kept getting excuses

Every time I called. Can I collect damages from them for going well beyond the 30 days there were supposed to return my security deposit?

Donald C Eby
Donald C Eby
answered on Jan 25, 2022

A landlord who wrongfully withholds the security deposit may be subject to damages of 3X the amount and attorney fees.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have entered in a lease to buy option with my landlord and now he does not want to sell after signing contract.

I have been running my business for 2.5yrs now… I called my landlord to notify him that I would like to purchase the building as stated in our lease contract… but he said he does not want to sell… what will I do if he don’t sell it to me? I have paid Rent, property tax and insurance every... Read more »

James A. Greer
James A. Greer
answered on Sep 7, 2021

Dear Lessee With Option To Purchase: The best and most urgent advice I can give you is (1) read the lease and understand the manner in which you must "exercise" the Option, then (2) exercise the Option in that manner (normally, with a written notification, sometimes via certified mail).... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Colorado on
Q: People staying on property no leases.

Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Jun 18, 2021

You can evict them through the formal eviction process if they will not leave upon your request.

1 Answer | Asked in Real Estate Law, Cannabis & Marijuana Law and Landlord - Tenant for Colorado on
Q: How do I protect my house from a squatter?

I have a squatter in my house invited by my daughter-in-law who is growing marijuana in their bedroom. They have changed the locks and installed a deadbolt without consulting me, the owner. It is in a tent with lights and a fan hooked to a extension cord and I'm worried about a fire while... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 29, 2021

Outside of cutting off utilities, you will need a competent attorney to file an Eviction Suit to remove the unwanted occupant. It will not be fun and your house will be damaged. You might open the door with a crowbar and remove contraband. But again hire an attorney. It may be necessary to evict... Read more »

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