Colorado Landlord - Tenant Questions & Answers

Q: Can a landlord require payments for an empty residential rental without making any attempts to re-rent?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 18, 2019
Donald C Eby's answer
If the landlord wishes to pursue you in court for a judgment to collect unpaid rents, he'll have to proove that he attempted to relet the property.

Good Luck!

Q: I the owner would like to terminate my tenants lease ( to dale or move back in ). Can I do that in Colorado ?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 17, 2019
Donald C Eby's answer
Likely not. Whatever your lease is, month to month, annual , etc. however good or bad it is, written or verbal is the lease. The landlord does not have the right to terminate because he wants to move back in. But, he can terminate based on mutual agreement or breach of the terms of the lease.

Review your lease and enforce it strictly this may help you to force a mutual agreement to terminate or great the basis for an enforceable eviction.

Q: Received written and signed lease break fee and now they are requesting more, is that legal?

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Answered on Mar 15, 2019
Donald C Eby's answer
The lease is the controlling document, how ever good or bad it is. Neither party has a right to unilaterally change the terms.

Good Luck.

Q: I signed a lease agreement and the office leased my the apartment to someone else

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 14, 2019
Donald C Eby's answer
Do you want to sue for breach of contract?

Q: My landlord has violated multiple sections of the lease. Upkeep of appliances, upkeep and notice of entry. Recourse?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 12, 2019
Donald C Eby's answer
If your landlord is in breach of the breach you likely need to provide notice and opportunity to cure before you have the right to terminate. I recommend contacting an attorney to help you as the landlord may come after you for damages if he thinks that you have not properly terminated.

Good luck!

Q: I signed a lease, paid the security deposit & need to back out. Landlord verbally agreed to return deposit. Tenant resp?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 10, 2019
Donald C Eby's answer
You likely are not in a good legal position. The lease creates an obligation on the Tenant to pay the rent. The lease cannot be unilaterally terminated, but termination can be negotiated. Landlord had 30 - 60 days depending upon the language in the lease to return your security deposit from the termination of the lease, in this case termination may not occur until a new tenant takes possession.

Hopefully, your loss can be limited to the security deposit and LL does not pursue you...

Q: I have a tenant who’s lease is up on the 15th. He does not want to move out that day and says he needs an extra month

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 8, 2019
Donald C Eby's answer
You likely have a strong case, but you should have an attorney review the full file and possibly represent you in the court hearing.

Q: I am researching the Colorado rent control ban. How do I find out about the original court case that it came from?

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Answered on Mar 5, 2019
Timothy Canty's answer
The Colorado legislature made rent control by municipalities illegal and that position was affirmed by the Colorado Supreme Court. Chief Justice Malarkey dissented but was out voted. The legislature could always change that. That would be a bad idea in my opinion. See the link below.

https://frascona.com/rent-control/

Q: I gave my landlord a notice to move on April 1st. My landlord wants to take pictures to post online

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 1, 2019
Donald C Eby's answer
Unless your lease stated otherwise, you do not have to let your landlord in until you return possession.

Q: Does my lease require a 60 day notice if I’m not renewing my lease?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 28, 2019
Donald C Eby's answer
If your lease requires 60 days notice then the LL may require 60 days notice, but only if your lease has such language.

You don't have to stay, but if you don't pay the rent for the entire period your landlord may deduct it from your Sec Dep or pursue you in a lawsuit for the amount.

Q: my unit has new ownership, I'm on a month to month lease that expires at the end of this month. Won't I need a new lease

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 27, 2019
Donald C Eby's answer
Your month to month will continue until either you or new owner give proper notice of termination of the tenancy.

The new owner should deliver info to you RE payment.

Q: I am in a lease agreement and the owner has to sell the property. Is my current lease binding if the property sells

1 Answer | Asked in Consumer Law and Landlord - Tenant for Colorado on
Answered on Feb 15, 2019
Donald C Eby's answer
A change of ownership does not change your rights under the lease.

Q: How can I make my 44 year old son move out of my house.

1 Answer | Asked in Family Law and Landlord - Tenant for Colorado on
Answered on Feb 11, 2019
Donald C Eby's answer
Unfortunately, if he has taken residence legally and refuses to leave based on your request then you'll need to formally evict him through the court system. The process begins with legally enforceable Notice. If you are unfamiliar with the process I recommend that you contact and attorney to discuss the process or process the eviction for you.

Q: I rent a townhome. I notified my landlords in writing about a mice infestation starting in June.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 6, 2019
Donald C Eby's answer
Can you force your landlord to pay for your actual costs of destroyed property? Maybe

Can you force you landlord to pay your costs of moving? Not likely

Can you terminate your lease based on the rodent infestation? Yes, you should review and follow closely the procedure set forth in the CO Warranty of Habitability. This is a very technical process so you might want to contact an attorney to obtain assistance and ensure that you have a solid defense to protect you from a...

Q: After 11.5 years of paying rent on time every month I'm being asked to leave my rental home...last 6 years

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 30, 2019
Donald C Eby's answer
Unless your expired lease modifies the notice obligation you likely fall in the 21 day requirement of a month to month lease.

Q: I've rented home for 11.5 years...going month to month last 6 years..no lease..I've been asked to leave.do I have 21 day

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 29, 2019
Donald C Eby's answer
Unless your previous lease creates something different you have a 21 day notice period, but be careful how that is calculated, i.e. if notice is delivered today you likely have until the end of Feb.

Q: My lease lapsed, I moved out and somebody moved into my bedroom with my old roommates. No new lease was signed.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 28, 2019
Donald C Eby's answer
It is likely that the Landlord is in violation of the Colo Sec. Dep. Act. Perfecting a claim begins with a 7 day demand letter.

Q: The landlord has 60 day to return my deposit. Does the 60 days start when I moved out or after the new tenant moved in?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 27, 2019
Donald C Eby's answer
When the 60 day clock starts to run is often the issue which wins or losses a Sec Dep dispute. The 60 days begins to run when the lease terminates. That could be on the natural termination date, the date that the landlord and tenant mutually agreed to terminate the lease, or (generally no later than) the day a replacement tenant moves into the unit.

This is a fairly technical legal issue, it the Landlord is in violation a tenant can recover attorney fees as well as treble damages....

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