Colorado did recently pass a law regarding a landlord's responsibility to provide a tenant with a receipt for cash payments. There are exceptions, but it is generally good practice to give your tenant a receipt. That being said, the damages resulting from such a failure would be difficult to prove.
The type of tenancy you have is often governed by your lease/ contract. In many contracts, there is a provision in the terms section that will change a fixed year to a month-to-month or other. It all depends on the wording. Further, a month-to-month can be established for hold-over tenants in...View More
The person I rent from has a history of retaining a cleaning fee from renters, in particular for "professional carpet cleaning", however it has been observed that the carpets were not actually cleaned after that tenant moved out, and the next tenant moved in. For other others who have... View More
Not necessarily. In most circumstances, a detailed statement explaining why your deposit was withheld would suffice. If you choose to sue, then the receipt would most likely be discoverable. But, it all depends on were you are in the process and the initial contract. That being said, their have...View More
While I am not aware of any penalties, there are benefits to keeping a separate bank account for security deposits. For one, if you are sued, bank records are open to discovery. As such, if you put the deposit in a separate account then you do not necessarily need to divulge your personal records...View More
In Colorado, if you are evicted or leave your rental property before the end of your lease term, your landlord has a legal duty to mitigate their damages. This means they must make reasonable efforts to re-rent the unit to a new tenant. You are generally responsible for rent until a new tenant is...View More
If you are receiving the assistance and you do not have a contractual requirement to inform your landlord, then you may not need to inform them. It all depends on your specific situation. Many assistance programs pay the landlord directly while some may help to supplement your income.
In Colorado, effectively communicating with your landlord about receiving government assistance is important for maintaining transparency and a positive rental relationship. Consider initiating an open and honest conversation at a convenient time for both parties. Explain that you receive...View More
I did send a 7day demand letter prior to 1 year of the date I moved out, however a death in my family kept me from filing the lawsuit immediately after the 7 days was up and now its been exactly a year since I moved out. Can I still file a law suit to return treble damage deposit?
The statute of limitations is very tricky. You should contact an attorney.
For security deposit cases, I typically see a 1-year and 3-year statute at play. The 1-year is for punitive damages and the 3-year is for breach of contract. But the facts are extremely important. They determine...View More
If lost FED eviction the but plaintiff's process server got caught perjuring. Now this was a possession hearing an affidavit would have sufficed they brought in an orchestrated him to lie I won denied the due process because the judge didn't believe him, but co-defendant was evicted, she... View More
Unlikely. A process server's job is simply to hand a piece of paper to a person and then confirm that it was delivered. If the process server screwed up even deliberately, it won't affect the merits of the case between the landlord and and tenant. At best, the tenant is entitled to a...View More
I was working with a rental assistance agency in July to get help with July’s rent. I finally got approved, but in that time my property management company sent the case to court. I filed my answer 8/7 and paid my current months rent, my back rent, and all legal fees outlined in the notice on... View More
Unfortunately, it is impossible to know without knowing the basis of the eviction and the specific facts. If you are being evicted for breaking the law, paying back rent may not be the ticket. It all depends on the reasons.
I would look into Colorado Revised Statutes for forcible detainer...View More
First, write a formal letter describing the problem and requesting a fix within a reasonable period. If the issue persists, report it to local housing authorities or health departments. If necessary, you can explore options like the "repair and deduct" method, where you make the repair...View More
In Colorado, a property manager is generally required to be licensed to engage in property management activities. According to the Colorado Real Estate Commission, anyone who performs property management services, including initiating or filing evictions, on behalf of another person or entity must...View More
It really depends. If the property is owned as joint tenants with right of survivorship, ownership can pass by operation of law without any court involvement. In other instances, probate may be required. Regardless, property ownership is riddled with legal complexities. If you do not know the...View More
Opposing counsel filed motion for extension of time on Friday evening. It states that I am opposed to the motion. I found his email with his motion Saturday evening; I filed my response Monday evening with the court and opposing counsel. He advised me that the court had already granted his motion... View More
An Ex Parte application is basically a motion with shortened notice to the opposing side. You are usually told exactly the date, time and place where the motion will be heard by the Court so you can go there, personally or remotely, to present your opposition. You can search for the rule on google...View More
I am a disabled veteran that has been directed by a medical professional to move closer to family due to my medical conditions worsening. My new lease does not start for another 40 days. Can i void this lease with a written letter from the doctor?
In terms of the property manager, it depends. Typically, the landowner will give the property manager power of attorney or authorization to perform certain activities on their behalf. It is not uncommon for a property manager to sign leases on behalf of the property owner. It just depends on the...View More
The Colo. Vilage collaborative, compensated others some of which had no prop loss. Yet cut ties with myself and a handful of others completely.i filed claim with their ins.provider who stated they had lapsed ,had consumer advocate entity liasion to no avail. And have been trying to get legal help... View More
A Colorado attorney could advise best, but your question remains open for three weeks. I'm sorry for your property damages. At this point, you could try to set up a free initial consult with attorneys who handle property and casualty claims. If nothing else, you could learn the timelines that...View More
You should probably have your grandson talk to an attorney.
His roommate’s actions could constitute theft, unjust enrichment, or other. The lease will govern much of what your grandson can do. Just generally, your grandson may wish to move out. Heavy drug use often leads to bad...View More
CO has very recently passed certain laws relating to late fees. The change may be an attempt to comply with that law. But it sounds like they may be moving in the wrong direction. If they start to charge you late fees then you may wish to reach out...View More
Free speech is generally protected by the 1st amendment. That being said, the 1st amendment does not protect all types of speech. It has long been recognized that false statements may give rise to a legal claim for defamation. While not criminal in nature, false statements can give rise to civil...View More
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