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 »
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... Read more »
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 »
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... Read more »
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
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 A personal contract typically cannot supersede a state or federal law unless the law allows itself to be superseded.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... Read more »
They are evicting me because my lease was expired but I have been paying rent on a month to month basis since march
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... Read more »
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.”
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... Read more »
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??
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... Read more »
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.
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... Read more »
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 »
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... Read more »
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 »
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 »
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
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... Read more »
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 »
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... Read more »
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?
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... Read more »
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 »
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 »
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 »
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 »
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.
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 »
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?
answered on Jan 26, 2022
What does your lease say in this type situation? If it is silent, then no.
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?
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.
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 »
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 »
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
answered on Jun 18, 2021
You can evict them through the formal eviction process if they will not leave upon your request.
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 »
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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