Colorado Landlord - Tenant Questions & Answers

Q: I am a visitor at an apartment complex and are demanding medical history to prove need for my service animal. Can they.?

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on
Answered on Jan 7, 2019
Donald C Eby's answer
Basically - Yes they can.

The issue is not only that your dog is actually a service animal but you must also prove that you have a disability which the dog in some way alleviates.

Housing rules are slightly different from ADA rules which deals with public issues.

Q: Can our landlord give permission for anyone he wants to enjoy the land our house is on?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 3, 2019
Donald C Eby's answer
You will need to review your lease, or have an attorney review your lease and advise you as to your rights in this issue. The primary question will be did you lease the entire 11 acres, if so the landlord has no right to use the land unless he carved our some rights in the lease; or did you only lease the house.

You certainly have the right to call the police if people (even the landlord) is trespassing on your property.

Q: Can I take an apartment to court

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Dec 10, 2018
Ashley Dean Powell's answer
Without knowing more and based solely on the information in your question, I suspect that you do not have a strong case against the landlord/property owner/property management company. If you feel strongly about this, you probably need to sit down with a landlord-tenant attorney or plaintiff's/personal injury attorney with all relevant facts and documents (your lease) to determine whether your case has merit.

Here is some more general information about landlord's duty to make repairs...

Q: On November 29th My oven control panel shorted out! No replacement yet. Can I deduct my meals while I wait?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Dec 4, 2018
Ashley Dean Powell's answer
Short answer: A landlord probably has no legal obligation to provide you with a cooking oven/stove or fix a broken one unless that obligation is specifically created in the lease. If it is in the lease that your landlord will maintain all appliances (or oven specifically) in working order, then your remedies for landlord's failure to meet that duty are probably also outlined in your lease.

Long answer (especially for the other issues you mention in passing without details): In terms of...

Q: Hot water heater broken, no hot water for 5 days, 24 apts. Can I deduct 5 days of rent as part of their 'failure'?

2 Answers | Asked in Landlord - Tenant for Colorado on
Answered on Nov 25, 2018
Donald C Eby's answer
Not likely, But you could perfect your Warranty of Habitability Defense if Landlord does not repair in a "reasonable" manner.

Q: I have a tenant that had a month to month lease. Gave 30 day notice and paid half months rent. let a friend move in.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Nov 19, 2018
Donald C Eby's answer
If you have asked them to leave and they refuse the only legal process is to process a Judicial Eviction.

This starts with legally sufficient Notice.

Good Luck!

Q: Rentor is breaking the lease because she now wants a dog and Is calling it a service dog. What do I owe her as Landlord?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Nov 17, 2018
Donald C Eby's answer
This is probably more complicated than you think and you should consult an attorney regarding the specifics of the situation.

The tenant does not have the right to terminate the lease based on the need for a service dog.

A landlord cannot refuse as service animal because of a no pet policy.

Tenant needs to process a reasonable accommodation request.

Q: it Is illegal for my landlord to write a new lease without any notice to me in writing or else, and with only my wife’s

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Nov 15, 2018
Ashley Dean Powell's answer
No, your landlord normally cannot unilaterally remove you from your lease without following the proper, statutory procedures to terminate the lease and evict you.

Colorado has a very specific and strictly enforced procedure that a landlord must follow to evict a tenant. Colorado generally does not allow a landlord to bypass this eviction process by unilaterally changing the locks, removing the tenant’s belongings, or otherwise engaging in a DIY or self-help eviction (and that would...

Q: Can the landlord kick me off the lease in the middle of our term, and rewrite it with my wife?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Nov 15, 2018
Ashley Dean Powell's answer
No, your landlord normally cannot unilaterally remove you from your lease without following the proper, statutory procedures to terminate the lease and evict you.

Colorado has a very specific and strictly enforced procedure that a landlord must follow to evict a tenant. Colorado generally does not allow a landlord to bypass this eviction process by unilaterally changing the locks, removing the tenant’s belongings, or otherwise engaging in a DIY or self-help eviction (and that would...

Q: Returned from deployment and want to move back into my house that is currently rented out. Can I legally move back in?

3 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on Nov 9, 2018
Timothy Canty's answer
The lease gives the tenants the right to possession until it expires. Unless they violate some covenant of the lease, you will have to wait.

Q: my landlord promised a working washer and dryer and now is refusing to provide these. what are my options?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Nov 7, 2018
Ashley Dean Powell's answer
Generally speaking, a landlord probably has not obligation to provide a working washer and dryer in a rental. The lack of those appliances would probably not rise to the level of a violation of landlord's warranty of habitability under Colorado law.

If, however, your lease agreement (whether written or verbal) included a promise by a landlord to maintain and repair so that you always have a working washer and dryer (rather than simply telling you that you can continue using the ones...

Q: I want to evict my roommate who is on month to month rent. He’s consistantly late on rent. Where do I start?

2 Answers | Asked in Landlord - Tenant for Colorado on
Answered on Nov 2, 2018
Donald C Eby's answer
If you have provided your sub-tenant proper notice and he refuses to leave then you'll need to evict him via the Court.

Q: Prospective tenant has a Dr. letter for an Assistance Animal, but the note is over 3 years old. What can I ask or do?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 31, 2018
Donald C Eby's answer
This is a Fair Housing issue and boils down to a "Reasonable Accommodation." You can demand a full and formal reasonable accommodation request demonstrating the disability and the need for the emotional support animal.

These cases are very complicated, you should consider retaining an attorney to assist you with this proccesss.

Q: I feel im getting over charged for replacement of carpet and dings on a couple doors 900 to replace carpet in 2 bedrooms

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 27, 2018
Ashley Dean Powell's answer
Assuming you are talking about potential damages coming out of a lease security deposit at the end of a lease, the landlord would eventually (if it went to court) have the burden of proof regarding any portion they withhold. Colorado statute (section 38-12-103) certainly entitles you to an itemized breakdown of the reasons landlord is withholding all or any portion of your security deposit. You probably are not entitled to see the exact receipts/bids upon which landlord basis its claim....

Q: I have a commercial lease, during the lease landlord signed a lease for the same property with an oil company

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 27, 2018
Ashley Dean Powell's answer
It's difficult to make a full analysis based on the question. The fact that the landlord entered into the lease while you were still the tenant may not have necessarily been improper since, after the first six months the landlord (or you) had the right to terminate the month-to-month lease fairly easily. If something were improper, it might depend on when that other lease was said to begin.

Not sure that the other lease has much affect on whether your eviction was proper or not. Either...

Q: Got a compliance letter to comply in 3 days. I'm surendering the property but other lease holder wont?

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Answered on Oct 22, 2018
Ashley Dean Powell's answer
If you are willing to surrender the property and cooperate with the landlord, then you may want to try to talk to the landlord about being released from the lease in writing or some writing acknowledging that you have surrendered the property, keys, etc. Ideally, you would get details like the official termination/surrender date, your liability for any specific damages, waiver of your liability for costs to evict your roommate, and any other outstanding items between you and your landlord. Even...

Q: Colorado tenant laws and what to do

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 18, 2018
Ashley Dean Powell's answer
If you are referring to a cooking stove, the you should probably start by reviewing your lease to determine whether landlord has the duty to repair/maintain any appliances, including the stove. If you believe your landlord has a duty to maintain it, you should report the problem in the manner required by the lease (always best to have it in writing). If you are referring to a stove that is your main source of heat, then that may be a warranty of habitability issue; see below.

As for the...

Q: If I got a notice in April and fix the problem then got a notice in Sep for my son rideing a bike now im kick out

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 11, 2018
Ashley Dean Powell's answer
It would probably be difficult for an attorney to give you very specific advice about your situation based on the level of detail in your question. If you believe that the landlord did not follow proper procedures or that you've been unfairly treated in the eviction process, you could certainly attempt to very quickly hire a private attorney or contact Colorado Legal Services (303-837-1313) to see whether someone there can help. An attorney would probably want to review your lease, any and all...

Q: My tenant broke their lease, do they get any portion of their security deposit back?

2 Answers | Asked in Landlord - Tenant for Colorado on
Answered on Oct 10, 2018
Donald C Eby's answer
You need to provide a Sec. Dep. Accounting per the Colo Sec. Dep. Act. Maybe they owe you money after your account for all damages (including but not limited too unpaid rent, late fees, utility charges, damages beyond normal wear and tear).

Q: Our landlord won't pay for a hotel but our house is unlivable - what are my options?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 4, 2018
Ashley Dean Powell's answer
Colorado does have a warranty of habitability that, if applicable, could allow you damages in addition to reduced rent. To exercise your rights, you need to give written notice and generally allow landlord reasonable time to fix. You can read more about this specific set of rights here: https://www.colorado.gov/pacific/sites/default/files/Attachment%205-Warranty%20of%20Habitability.pdf

You may be able to pursue this on your own through small claims court. You could also have an...

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