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Colorado Landlord - Tenant Questions & Answers
1 Answer | Asked in Criminal Law and Landlord - Tenant for Colorado on
Q: Is a charge the same as a conviction for the purposes of renting an apartment?

On unsupervised probation and in compliance. Told once probation ends the case is set to be sealed.

Brian K. McHugh
Brian K. McHugh answered on Nov 2, 2019

A charge is a prosecutor's allegation that you committed an offense. A conviction is a legal determination that you are guilty of committing the offense charged.

If you are on probation, whether it is unsupervised or supervised, then you have a conviction. Once the case is sealed you can...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord keep my inital rent and deposit when I never moved in because of someone else still occuping at time

state of colorado

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

If the previous tenant did not move out causing Landlord to be unable to deliver possession to you, he would be in breach of your lease agreement and have no right to your rent and Sec. Dep.

You should contact an attorney for assistance in recovering your money.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord(s) transfer a lease to a Property Management Company without notifying the tenant in writing prior?

I have a Colorado lease that has several legal errors, such as governing law is listed as Massachusetts, landlord can lock out the tenant, as well as, all the parties listed on the lease did not sign off. A Property Management Company posted a notification on my door on 10/3/2019 informing me... Read more »

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

A landlord may designate an agent (Property Management Co) to step in and administer the lease on his behalf, unless the lease specifically says otherwise. It was smart of you to verify this transfer with the Landlord prior to delivering money to the Property Manager.

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for Colorado on
Q: I live in Colorado and I rent an apartment/condo. My neighbor threatened to kill my dog, what legal action can I take?

I have reported this to my subdivision leasing office. Then it happened again today so I called the main leasing office and they advised me to call the police. The police came and spoke with me, then spoke with the neighbor. He admitted to saying he would kill my dog but claimed he didn't say it... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 14, 2019

If you do not feel safe, then your best option might be to break your lease and move. If the threats continue or escalate, you might also be entitled to a restraining/protection order, but that all depends on whether or not the cops will press charges.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: The Security Deposit Refund was mailed 62 after my lease ended. Can my landlord still withhold my damages?
Donald C Eby
Donald C Eby answered on Oct 2, 2019

Assuming your calculation is correct, your Landlord lost his right unilaterally withhold for damages. Your next step is to send a 7-Day demand letter before initiating a lawsuit under the Colo Sec. Dep. Act.

Good Luck!

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord charge me for damages if a walk through was never performed before and after moving out?
Donald C Eby
Donald C Eby answered on Oct 1, 2019

The is no legal requirement for a landlord to perform a walkthrough with a tenant. If you dispute the charges you should refuse to pay and then bring a lawsuit or bring a counterclaim if the Landlord brings a claim against you. The Landlord will have the burden of proof.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: our basement flooded on August 1st due to a bad sump pump-ruining the carpet, can i short pay rent until it is fixed
Donald C Eby
Donald C Eby answered on Oct 1, 2019

Withholding rent is always a risky maneuver. May you have a right to claim a Warranty of Habitability issue or a constructive eviction as a result of the flooding? Yes - you may but I recommend that you consult with an attorney about the facts and your possible courses of action before you... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord charge for the full lease?

we were evicted early in a lease for nonpayment- I get it, not fighting that. We're trying to pay it down, but I was wondering can they charge us for the full amount of the lease if the apartment has new tenants? Technically arent they're getting paid twice for the same unit? Is that legal?

Donald C Eby
Donald C Eby answered on Oct 1, 2019

You are correct - A Landlord in Colo is not allowed to "double-dip" in the collection of rent from former tenants. If the Landlord has filed a Complaint against you in an attempt to obtain a judgement you should contact an attorney to assist you with this matter.

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Can I charge an additional monthly fee for double occupancy?

I have a room in my primary residence posted for rent as a single occupancy lease. I am open to double occupancy but would only consider it with an additional fee. Is this legal? What would I need to add in the lease agreement?

Donald C Eby
Donald C Eby answered on Sep 18, 2019

You can charge more if a unit is to be occupied by more than one person or a person and a pet.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can we have varying rents for those with and those without housing vouchers?
Donald C Eby
Donald C Eby answered on Sep 18, 2019

Yes - You can price each unit individually and different rent rates for those on assistance and self-paying tenants.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can we raise our rents to meet various local PJs "payment standards"?

This would cause a hardship for some of our tenants who do not have a housing voucher. Can we base their rent on income?

Donald C Eby
Donald C Eby answered on Sep 18, 2019

There is no limit on the amount of rent a Landlord may charge or the amount a Landlord may raise the rent. The tenant will decide if he wishes to negotiate, stay, or move.

However, of course you cannot unilaterally change the rent amount during the lease term.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a Colorado landlord refuse late rent if it doesn’t include late fees?

Tenant has been served with a 10 day notice for late rent. Tenant wants to pay rent 6 days late but refuses to pay the late fees that are in the lease. Can the landlord refuse the payment and proceed with the eviction process after the 10 days have passed.

Donald C Eby
Donald C Eby answered on Sep 6, 2019

Tenant must pay the amount that is listed in the 10-Day Notice.

You can accept the payment then immediately deliver a new notice for the remaining rent.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How to integrate the Colorado exemption of 5 day notice into current lease that was in effect prior to the law change?

Colorado new law change from 3 day notice to 10 day notice with exemption for landlords owning less than 5 properties who can give a 5 day notice. How do you integrate this into a lease that was already in effect prior to the law change?

Donald C Eby
Donald C Eby answered on Sep 6, 2019

The new Law requires some specific language in your lease in order to trigger the small landlord exception. It is unlikely that your old lease contains this language. You'll need to update the lease to incorporate the language at the next renewal or by asking the tenant to sign an addendum to the... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord refuse a service dog in training

Our landlord has told us that we are not allowed to have another animal (even though it says animals are permitted on the lease). Is a landlord allowed to refuse a will be service dog, especially if I plan on training it immediately?

Donald C Eby
Donald C Eby answered on Sep 1, 2019

The first step in getting your Landlord to accept your Service Dog is to make a formal (written) Reasonable Accommodation Request.

But, you should read the rules first, because what you describe is unlikely to create a successful Reasonable Accommodation.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can Landlord remove and dispose of personal property when lease is current?

Garage space included in lease. Landlord "lost paperwork" and rented the garage unit to someone else. Threw out all my personal belongings. They did not notify until a week later after everything was thrown away. Do I have a case?

Donald C Eby
Donald C Eby answered on Aug 27, 2019

If you leased the garage and the LL disposed of your personal possessions he will likely be liable for your damages. You should create an inventory list and indicate the value of each item then contact and attorney to assist you.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If i remove my name from a lease, am i still financially responsible?

Im going through a divorce. I have a lease which my wife and i have . Can i remove my name from the lease, and not be financially responsible for it?

Donald C Eby
Donald C Eby answered on Aug 26, 2019

The question is, can you get your landlord to release you from the lease? If the answer is yes, then you would have no further financial liability.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: We live in a house and our lease expired and we’re assuming we were now on a month to month lease. We would like to know

How much time we have to give our landlord before we can move out? Our lease says nothing about what happens at the end of the lease or if it expires. It also says nothing about a set amount of time we need to give her before we move out. It’s very barebones it seems.

James Newell
James Newell answered on Aug 21, 2019

Assuming your rent was due every month (e.g., on the first day of each month) you would have a month-to-month tenancy following the expiration of the agreed upon lease term. Because nothing is mentioned in your lease regarding notice, the default rule is that you may terminate your tenancy by... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on
Q: evicted for having a esa/therapy animal. landlord lying saying im not evicted but gave me 30 days to get out. help.

drs say esa animal for child. lease said no pets. childs health worsened. we get cat 2018. landlord knows, cat has to go, i comply, had inspection, passed, no damages. they renewed lease. 7/2019 friend can no longer keep cat for me. I take cat back. 7/18/19 child hospitalized 1 week. cat important... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Aug 21, 2019

You need a lawyer. Sometimes a letter from an experienced animal attorney, one who specializes in ESAs and service animals, especially, is enough to put a hold on the eviction and stop it. But you definitely need legal counsel.

Your statement was a little confusing, though. If it’s an...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Initial lease had 2 individuals on it. One party wants to exit the lease agreement and both parties are in agreement.

However, the landlord will not change the lease. Can tenants compel the landlord to update the lease by dissolving the original agreement and creating a new lease with only one of the existing tenants?

The tenants are offering to pay for the inconvenience.

Donald C Eby
Donald C Eby answered on Aug 18, 2019

You can ask and you can entice. But, you cannot force a LL to terminate the lease early and enter into a new lease.

The contract is for the protection of both parties against one of the parties who does not wish to preform.

The lease does not create an obligation on all tenants...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If your landlord is terminating your lease prior rental is that okay?

She found out that I had 3 day notices sent to me at my prior rental now I am being told to leave or she will evict me, the lease is already signed

Donald C Eby
Donald C Eby answered on Aug 9, 2019

If you have not breached the current lease you have a strong defense to an eviction if LL attempts to have you evicted by the Court system.

I recommend that you retain an attorney to assist you if you receive a Summons and Complaint from your Landlord.

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