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Colorado Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My Grandson signed a lease with his roommate. The roommate is now spending his portion of the rent on drugs

My Grandson is now paying for himself and roommate. What are my Grandson's options ?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Feb 2, 2023

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...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can an apartment complex change the date rent is due before being charged a late fee, from the date in the lease?

My lease says I have until the 8th of each month, but my complex says they've changed the date to anytime after the 1st.

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Feb 1, 2023

As with all legal questions, it depends.

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...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is it legal for my landlord to tell me about his other tenants and vis Versa with out my consent

My landlord is telling his other tenant's all my business about eviction

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Jan 27, 2023

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... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord not not return my security deposit within 60 days because they didn’t know my forwarding address?

Never received a list of damages or anything outlining the return of the security deposit. They have my contact info, but I didn’t realize they didn’t have my forwarding address. Lease states the deposit will be returned within 45 days, but only after all conditions have been met. The last... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Jan 16, 2023

The lease is important but the lease cannot override the CO state statute as it relates to security deposits. More information is needed here. For example, once you provided the forwarding address, did they mail the items in question? Regardless, you should reach out to an attorney to discuss.... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Received letter in mail that is incorrectly post-dated to reflect within sixty day legal limit as expressed in lease?

I believe this was falsely post-dated as I received the letter over a month beyond the sixty day time frame as expressed in my lease. Correct forwarding address was given before my move-out. I have been attempting to contact property management to no avail. Letter states I owe rent for months and... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Jan 6, 2023

The date of the letter is only a factor in determining the true date the letter was drafted and mailed. A better indication may be the envelope in which the letter was mailed. Often, the post office will electronically stamp the date at the top right-hand corner.

If you feel like your...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: With regards to CO Rev Stat § 38-12-103 (2016)

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?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
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 »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I don’t know what to do about my ex and about these keys? I wouldn’t they be considered abandon at this point.

My ex and I broke up in Feb due to her infidelity. We had a lease together and she walked out on it. One day I got home and all her stuff was gone. A couple months later, she went back and took her mattress and stuff. She left behind a keychain with a key on it. Our lease already ended , she knew... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

Clearly, if you are able to find the key, that would solve it.

If you cannot find the key, however, I think it will be very difficult for her to prove any liability on your part. It is easy to file a lawsuit, so she could definitely file a suit against you. Once she's filed, however,...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Hi I had a few questions regarding my summons for an eviction. I just wanted to double check the time I needed to be to

Court on the dockets website and now I don't see my name. Why would I all of a sudden not be on the docket?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Dec 14, 2022

FED proceedings, evictions, are normally suppressed. In otherwords, you may not be able to see them on a normal docket search. You may wish to confirm the time with the clerk.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that...
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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: If I signed a lease w a private owner landlord of a condo, whom I've dealt with for all issues that arise,and whom

I've paid Rent to, hires a new realtor/management company 6 months into the year lease. I owe no obligation to the new realtor, because I never entered into a new contract w them?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 9, 2022

That depends on the contract. Typically your duty is to the property owner but they have the option of hiring a property manager to act as their agent. If you are asking then that means there is a potential problem. You should contact an attorney to help you work through it.

Please be...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My landlord only return to small portion of my damaged deposit and is stating now if I take him to court he will charge

He stated I did not paid a pet deposit which is included in my lease and quoted as paid at time of lease he says if I take him to court he will charge me more than what he was originally going to even though I lived in the apartment for 7 and 1/2 years I do have what he was going to originally... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 9, 2022

You should get in contact with an attorney. They would need to review your contract to determine what your landlord could and could not charge you.

Colorado has a security deposit law. It may be worth reviewing.

Please be aware that any answer is based on all the events occurring...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I went home today and my locks were changed. Can I break in my apartment?
Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Nov 9, 2022

If the locks were changed and you were not evicted through the court process then you may have been unlawfully evicted/removed. You may wish to speak to an attorney. The court may be able to restore you back to possession if you have been unlawfully removed.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: A tenant's association sues for property ownership

This is for a story I am writing. I am wondering if a tenant's association, as a legal entity, were to sue an owner for gross negligence in managing the building, if they could be awarded ownership of said property. How realistic of an idea is this?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 20, 2022

Sorry to say but it would be unlikely. Most of the time in litigation, if you prevail, you would be awarded monetary damages. There are certain exceptions such as when a contract has a specific performance clause or there is some reason in equity why another type of award is more appropriate.... Read more »

1 Answer | Asked in Contracts, Estate Planning, Landlord - Tenant and Probate for Colorado on
Q: How do I revocate a contract / remove the trustee from trust/estate/property/etc.??

Acting as Durable POA for my incapacitated father, (with no limitations at all) - him being grantor of 1/2 a living trust within the family, I have been rejected 90% of the time I make a decision "as if I were him". Trustee will not respond to me at all or respect any of my father's final wishes

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 20, 2022

I think you need to determine if the trust is revocable or irrevocable. If it is an irrevocable living trust then you may not have the authority to do anything as that authority may rest with the trust administrator. I am in no way an expert in trusts but you may be able to find some information... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If you are on a month-to-month lease and your landlord terminates it via text messages, is that legal?

My landlord decided to end the month-to-month lease abruptly over text message. I said I think this needs to be in a written format, signed and dated.( the lease does not specify the format) Which they responded that a text is perfectly legal and have yet to send any further information regarding... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 20, 2022

You may wish to contact an attorney so they can review both the text and your lease.

The forcible detainer statute does have some requirements around how notice has to be delivered. That being said, in contracts, a writing can be a lot of things including an email if it is defined in the...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I have a tenant I started to evict. Tenant abandoned the apartment and left behind some items. What are my rights?

Tenant agreed to move out to avoid eviction. At the agreed date to vacate, tenant had removed most personal property and didn't show up for scheduled final walk through. Tenant isn't responding to attempts to contact and hasn't turned over the keys and I don't know where they... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 19, 2022

I suggest you read the unlawful eviction statute and talk to an attorney. If the tenant cannot be deemed to have abandoned the house based on a reasonable person standard, you may need to evict them. Otherwise, you are subjecting yourself to liability. Again, talk to an attorney.

Please be...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I rent a townhome with 6 units, a shared attic. I had mice chew through the bedroom closet and desecrated my bedroom.

Property management put in the lease that I, the tenant, am responsible for rodents. This does not supersede the implied warranty of habitability, does it? I alerted them immediately, and they did not respond to me within 24 hours. Then when they did they denied getting an exterminator and told... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 14, 2022

I would say call an attorney.

Mice and rats could be a violation of the warranty of habitability. They are actually listed as one of the enumerated items if the infestation is bad enough. But you need to figure out if it qualifies, if it does then provide the proper notice, and so on....
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can my apartment require rent to only be paid online? Not a problem to pay online except for the 70$ convenience fee

Every payment is charged a convenience fee. I got charged 100 because they had to relocate my car. That bill is now 170 because of the convenience fee. This doesn’t seem fair.

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 4, 2022

I think that question would come down to your lease. I would recommend reaching out to an attorney. $70 seems like a allot. If your lease requires you to pay online then it may even be a material term that may be enough to undue the entire contract. Like I said, reach out to an attorney. That is a... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Can you live/camp in the backyard of an unfinished home if you are not the owner?

A home on our street was torn down and a new home was started but only got as far as framing the house, then the progress stopped 2 years ago. The owner lives in Florida (this home is in Colorado) and the owner's son is homeless and has schizophrenia camps in the backyard. Other homeless... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 3, 2022

In short, it would be difficult to force the sale since you do not have an ownership interest.

Could there be other legal remedies? Potentially. You should call an attorney to check.

If the occupants are there without the landowner’s permission, it could be trespass. Again, it...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord charge you for additional services that are more than your security deposit?

They put SOD in the back yard and charged us for that which is fine but when we moved in there was not grass in the back yard there were patches of weeds and grass. They charged us to throw trash that was removed from there and charged us for a dish removal and that was there when we moved in.

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 3, 2022

This is an oddly phrased question.

The security deposit and the amount that a landlord can charge you for damages that you caused to the lease are typically not related. The security damage acts as an advance that can be used to help cover those damages if needed. It is typically, not a...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: can a owner give me 30 day notice to vacate for no reason other than not a good fit after I’ve been there a week?

I just moved into to and owner occupied home I have the whole garden level space. After 1 week owner says not a good fit provides a 30day notice to vacate. I have had no violations, not loud it’s just me and my 13lb mini Aussie. I’m disabled and hispanic so I’m not sure if she is... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 3, 2022

It depends. You need to talk to an attorney. If you are on a month-to-month lease, they may be able to terminate without cause on a 30-day notice. IE, they may not need a reason. Regardless, they need to follow both the lease and forcible detainer statute.

Regardless, more information...
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