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Colorado Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Is an HOA responsible for responsible to repair a sewage line that services only one unit?

My HOA is facing a dispute on who should pay for repairs on a home water drainage blockage. An owner had an issue in the drainage pipe inside their dwelling that led to a blockage in the main drainage pipe that services only their unit. The owner hired a cleaning service for their pipes and the... Read more »

Donald C Eby
Donald C Eby answered on Oct 24, 2020

The specific language of the HOA governing documents and the specific facts of the blockage and cause of the blockage will be determinative here. If the parties cannot come to an agreement involving an attorney may help to get this resolved or properly prepare the case for ligitagion.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: In Colorado, when does a landlord have to return security deposits in the case of an early lease termination?

We had to terminate our lease early due to a move, and the landlord is now stating that they don't have to return our deposits to us until the property is re-rented, which is in contradiction to what was stated in our lease which states "landlord shall provide tenant with a written... Read more »

Donald C Eby
Donald C Eby answered on Sep 30, 2020

The issue in Sec Dep cases is always when does the 60 day clock start to run. If you have an affirmative agreement to terminate the lease on July 20 and/or you paid the Lease Break Fee and it was accepted as such, you may have a good case to demand your Sec Dep be returned in full and to possibly... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If my old landlord doesnt return my deposit or give me a itemized list of deductions by the allotted deadline,

Am I due back the entirety of my deposit, including any "non-refundable" portions?

To clarify, my landlord has 36 hours left to return my deposit with an itemized list of deductions. I am aware of the 7 day demand letter but I wanted to clarify what I am demanding. The law states... Read more »

Donald C Eby
Donald C Eby answered on Jul 29, 2020

The Non-Refundable portion is not likely to be subject to the Sec Dep Accounting requirements.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Colorado on
Q: My ex-girlfriend never paid rent and never signed the lease she got letters here and stayed nights is she a tenant?
Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2020

If she physically stayed there overnight, stored belongings there, on a regular basis, then she is a tenant. That is she is an occupant in possession. She does not need a formal lease contract, especially where you do.

1 Answer | Asked in Family Law and Landlord - Tenant for Colorado on
Q: If a apartment manger is dating a tentant that is renting a apartment in that building can he or she be reported to hou

House authorities . Concern this intersrest of complex

Sabra M. Janko
Sabra M. Janko answered on Jul 12, 2020

Generally there is no prohibition against an apartment manager dating a tenant, unless the apartment manger's employer prohibits it.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Our Aurora, Colorado condo tenant moved sometime before the end of his lease (June 30th, 2020) without our knowledge or

approval and rented the unit to someone, which is not allowed in our lease. We have posted a notice to quit by August 3rd. If we need to do an eviction, what other forms will we need?

Donald C Eby
Donald C Eby answered on Jul 6, 2020

If your tenant does not comply by returning possession your next step will be to initiate the judicial eviction process by serving the tenant with a Summons and Complaint.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How do I have a tenant removed from my house with a verbal agreement? It has been 5 years.

Trying to help a friend but she has in the last two weeks destroyed my basement. By having her contractor boyfriend tear out walls, etc...

Donald C Eby
Donald C Eby answered on Jul 3, 2020

It is unlikely that your tenant has the right to destroy our property. You may need to take action like injunctive relief which is quicker than an eviction. Nevertheless, the tenant's actions likely are a breach of her rental agreement, as such you need to provide Legally Sufficient Notice,... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My lease allows me(landlord) to enter my property within reasonable time but my tenant will not allow enter can I call

The police?

Donald C Eby
Donald C Eby answered on Jun 18, 2020

You can call the police but it is doubtful that they will help you. Your remedy for this lease violation is to initiate the eviction process, after proper notice and opportunity to cure of course.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: I notified landlord in writing to terminate lease due to domestic violence and threats And was told I had to pay a year.

I emailed notification in writing to landlord and leasing firm within 3 days of signing lease that I was threatened by a man to sign the lease in my name so he could live there. I sent record of this mans criminal felony background. Leasing agent and landlord responded with I had to pay a full year... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 7, 2020

I am sorry to hear about your situation. Typically a landlord would want to see a protection order against the other occupant on the lease to establish the grounds for release from the lease based on domestic violence. A report of unrelated felonies would not provide sufficient grounds from release... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: In Colorado, how difficult is it to evict someone living in your house? There is no rental agreement and no rent.
Donald C Eby
Donald C Eby answered on May 5, 2020

The eviction process must be followed exactly. Not having a written lease is will not prevent you from evicting your roommate. But, you will have to provide proof of the terms of the verbal agreement, i.e. monthly rent paid historically.

If you are unfamiliar with the process I recommend...
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: got eviction letter on april6, that I have to be out on april 20. Have been in home quarantine since march12, no w

no work since stay at home order , whats the steps if sheriff shows up?

John Hyland Barrett III
John Hyland Barrett III answered on Apr 16, 2020

If this is not a court order yet, no eviction will occur for quite some time. The courts are not holding eviction hearings and the Sheriff is not doing them either. Also, there are other restrictions if the property has a federally backed mortgag. So you are probably ok for now.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: can i put a non-refundable pet fee in my lease in colorado?

i know in Colorado security deposits have to be refundable, and so does pet deposits, but can i put a pet fee on my lease that can be non-refundable? just wondering if that's legal in Colorado

Donald C Eby
Donald C Eby answered on Mar 31, 2020

Yes - You can use a Non-Refundable Pet Fee in Colo.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My tenant failed to keep cistern full and burned a water pump out.

To maintain proper function of this water system, the tank needs to be kept with a adequate amount of water in it. The water pump will pressurize the system as long as there is water. If water runs out, the pump will run dry until it overheats and breaks. The water pump system was verbally... Read more »

Donald C Eby
Donald C Eby answered on Mar 26, 2020

You have a good argument, but you will likely also have the burden of proof and the Tenant may deny that they let the water reservoir run dry. You'll have to prove that the failure was caused by an overheat condition which could only occur if the reservoir was dry. This is beyond normal wear... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Landlord is withholding some of our deposit claiming that it costs $700 to replace 3 blinds
Donald C Eby
Donald C Eby answered on Feb 19, 2020

Review the Colo Security Deposit Act...This provides an means for tenants to recover wrongfully withheld security deposit money and if the LL forces the matter to court and loses the damages may be tripled plus attorney fees.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If a tenant signs a lease, but upon inspection of the property finds it to be disgusting, can they reject possession?

A tenant signed an agreement then inspected a college apartment that already housed several other college aged men. He found the residence to be gross and refused to move in/take possession. Can he do this? What happens to his security deposit? Is he responsible for future rent if he never took... Read more »

Donald C Eby
Donald C Eby answered on Feb 6, 2020

A lease agreement is not unilaterally terminable by one party and does not require a tenant to take possession to be enforceable.

If you are the landlord you need to handle the Sec Dep per the Colo Sec. Dep Act to prevent 3x damages.

If you are the tenant you should consider the...
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How do my wife and I obtain a monetary judgement from former tenants...

We obtained a judgement in our favor for damages and unpaid rent against former tenants. They were married when they moved in but separated around the time they moved out and are now living in different towns. To collect the money owed do we serve the judgement papers to both and split the amount... Read more »

Donald C Eby
Donald C Eby answered on Jan 21, 2020

You have a judgment that is the obligation of both parties. You can pursue both until the full judgment is satisfied, you have no duty to split the judgment between the two parties.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Am i able to sue for rent paid since first request of repairs that have never been made?

Lived here almost 7 yrs,have made *several requests for repairs via email,maintenance portal,txt mssgs.the roof leaks,is deteriorating,&has black mold.paying for 5bdrm but cant utilize upstairs rooms.Also,has no heating upstairs.Heating vents blow inbetween walls&floors cause there's... Read more »

Donald C Eby
Donald C Eby answered on Jan 20, 2020

You should review the Colorado Warranty of Habitability. The legislature significantly strengthened this last year to provide assistance to tenants.

This is a fairly technical issue so I recommend contacting an attorney to discuss your rights, remedies, and risks before withholding rent.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I have a question about removing someone from my home.

I let a 17 year old move in because I was told his father kicked him out because he is gay. I found out he just left because he does not get along with his father. Can I kick him out immediately even though he has recieved mail here and my roommate doesn't care if he is here? We rent but I pay... Read more »

Donald C Eby
Donald C Eby answered on Jan 20, 2020

You can ask your tenant to leave or even entice him to move-out. But, if that fails, you'll need to proceed via the judicial eviction process which begins with legally enforceable notice. If you are unfamiliar I recommend that you contact an attorney to at least guide you through the process... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Landlord's contractors destroyed our property. They're claiming neither they nor contractors are liable. Legit?

Landlord informs us they're installing new tile in the kitchen and we agree to do it while we're out of town. Contractors partially flood kitchen and basement removing the dishwasher. Water isn't turned off and leaks for two days before community mechanic fixes it. Mechanic says... Read more »

Donald C Eby
Donald C Eby answered on Jan 4, 2020

Your Landlord and the Landlord's contractor are likely responsible to you for the damages that they caused to your personal property. You may want to consider having a lawyer send a demand letter or initiate a lawsuit.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a person sign a lease then change their mind before moving in and get their deposit back?

We rented our basement to a couple on 12-12-19 and they put a deposit down to hold the room til the first when they would move in. They signed a lease for a year on the 17th of December and on the 30th they called and said they changed their minds and wanted their deposit back. I am taking a loss... Read more »

Donald C Eby
Donald C Eby answered on Dec 31, 2019

The tenant signed a lease which creates a financial obligation on that tenant. He or she does not have the unilateral right to terminate that lease. Whether or not the tenant moves in is his choice whether or not you choose to enforce your right to get paid until you find a new tenant is your... Read more »

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