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Colorado Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I was evicted and I filed motion to stay and it was granted. My 4 year old is now being take to court for an eviction

The judge told them to remove my daughter from the eviction case. I was then given another court date I signed a stipulation. They didn't remove my daughter. And now are requesting a judgement for possession be granted against her.

T. Augustus Claus
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answered on Feb 9, 2024

In Colorado, if you were evicted and filed a motion to stay that was granted, but your 4-year-old daughter was also named in the eviction proceedings, and despite a judge's order to remove her from the case, the landlord or their representatives have not complied and are seeking a judgment for... View More

1 Answer | Asked in Landlord - Tenant and Probate for Colorado on
Q: can a eviction be served while the house is in probate

Ive been living at a house for 9 of the last 11 years the owner who owned this house passed away back in june there was no will and his sister, next of kin filed for probate while it was still in probate she served us with a notice to quit in the notice to quit it doesnt state why she served us... View More

James L. Arrasmith
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answered on Jan 1, 2024

In situations where a property is in probate, it is possible for eviction notices to be served, especially if the person handling the estate (such as the deceased owner's sister in your case) has the authority to manage the property.

However, the validity and enforceability of such...
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1 Answer | Asked in Landlord - Tenant and Probate for Colorado on
Q: can a eviction be served while the house is in probate
T. Augustus Claus
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answered on Jan 1, 2024

In Colorado, the process of eviction can be affected by the status of the property in probate. When a property owner passes away, and the property is in probate, the legal transfer of ownership to heirs or beneficiaries may impact the eviction process. Generally, the personal representative or... View More

2 Answers | Asked in Landlord - Tenant for Colorado on
Q: I was served a writ of possession from October 2023 it is Dec I've been paying partial or whole rent amounts and only

Given a week to get out of the home is this legal

Michael Joseph Larranaga
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answered on Dec 29, 2023

This is a complex question. Off the cuff, I would be concerned with the week's notice. Typically, a tenant is given written notice then court proceedings are filed. Once a judgment is entered a writ of possession/ removal is entered by the court allowing the sheriff to remove the Tenant.... View More

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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I have a storage in colorado. The owner hired other tenants to move and clean it out after I was 1 day over my move out

He didn't not file an lien. He is charging me 500 for tbe labor also he allowed them to enter my other storage to put items out of the first storage. With out my consent or knowledge.

James L. Arrasmith
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answered on Nov 24, 2023

It's important to review the terms of your storage unit rental agreement to understand your rights and the owner's obligations in this situation. Storage facility agreements usually outline procedures for late move-outs, fees, and handling of items left in the unit.

If the owner...
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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: I need to know if the owner of my storage unit can charge me 500.00 for having other tenets clean out my storage after

I was 1 day over my move out day. He allowed them to access my other storage to put some of my items in it.

James L. Arrasmith
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answered on Nov 24, 2023

In Colorado, the rules regarding storage unit fees and access are typically governed by the lease agreement you signed with the storage facility. It's crucial to review this agreement to understand your rights and the owner's rights in situations like being overdue on moving out.... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Breaking Joint Lease: If following lease break protocol but leasing company claiming my roomate has to release me legal?

My roommate and I have a joint lease (12 mont). They failed to uphold agreed-upon nonnegotiables, and my well-being is at risk. Numerous conversations have not gotten anywhere. Our lease has a "leasee" termination addendum with a 60-day notice and a fee. I have offered to find a... View More

James L. Arrasmith
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answered on Nov 8, 2023

In a joint lease situation, typically all parties are jointly and severally liable for lease obligations, which means the leasing company can require consent from all lessees to change the agreement. If the lease explicitly provides a termination addendum that allows an individual lessee to... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I was granted a motion for default judgement and the courts sent the notification out to them with my address by mistake

I was granted a motions to reopen the eviction case and one for default judgement. The documents the courts send to the defendants were by mistake sent in their name but with my address. Do I put on the envelopes return to to sender wrong address or take them to the courthouse and tell them their... View More

James L. Arrasmith
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answered on Nov 8, 2023

You should notify the court of the error immediately. It is generally not your responsibility to correct court mailing mistakes, and you should refrain from taking any action that could be misconstrued, such as hand delivering the documents to the defendants. Marking the envelopes as "Return... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can tenants stop a default judgement after it has been granted
Michael Joseph Larranaga
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answered on Nov 6, 2023

The short answer is yes. Depending on your specific facts, it is possible. For example, if a person was not properly served and not provided an opportunity to be heard, that person in theory, could ask the court to set aside the judgment. Why? Because we have the right to due process in this... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: What law states that a tenant has a right to not live in a bug infested apartment home?
T. Augustus Claus
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answered on Oct 27, 2023

In Colorado, tenants have the legal right to reside in a habitable dwelling, free from significant infestations such as bedbugs or other pests. The specific laws that regulate these conditions generally fall under the implied warranty of habitability. This warranty mandates that landlords provide... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My girlfriend and I live together in my home. We are separating. How much time should I allow for her to move out?

We have lived together for 1.5 years in my home that I own outright. We are separating and I am asking her to move out. We do not have any kind of lease agreement and she does not pay rent. How much time does the law allow for her to remain in the residence? I am going to write a formal letter and... View More

James L. Arrasmith
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answered on Oct 23, 2023

If your girlfriend has been living with you without a formal lease and doesn't pay rent, she may be considered an at-will tenant or licensee in many jurisdictions. Generally, for at-will tenancies, you would need to give a notice equivalent to the pay period, which in this case might be seen... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Does landlord have to have witness at hearing saying o caused damage to a dryer thats been broken for months b4mvein
T. Augustus Claus
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answered on Oct 6, 2023

In Colorado, if a landlord wishes to withhold any portion of a security deposit due to alleged damages caused by a tenant, they must provide the tenant with an itemized list of all deductions and the reasons for them. If there is a dispute about the damages and it goes to a hearing, it's... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Must a landlord provide a tenant with a receipt when the tenant pays rent in Colorado?
Michael Joseph Larranaga
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answered on Sep 28, 2023

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.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Colorado on
Q: Trying to find an explanation as to how tenancy is changed from yearly to month to month while not moving in and out?

Logic would dictate that the longer you've occupied the same space the longer you'd need to move.

Michael Joseph Larranaga
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answered on Sep 22, 2023

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

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If a portion of my security deposit is retained for carpet cleaning, is my landlord required to provide me a receipt?

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

Michael Joseph Larranaga
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answered on Sep 11, 2023

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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: What is the penalty for not having a separate trust account for a rental deposit?
Michael Joseph Larranaga
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answered on Sep 11, 2023

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

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can my landlord charge me full months rent until a new tenant is found if i am kicked out?
T. Augustus Claus
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answered on Sep 4, 2023

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

2 Answers | Asked in Landlord - Tenant for Colorado on
Q: Is there a proper way to inform landlord that I receive government assistance? (In Colorado)
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answered on Aug 30, 2023

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

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2 Answers | Asked in Landlord - Tenant for Colorado on
Q: Is there a proper way to inform landlord that I receive government assistance? (In Colorado)
Michael Joseph Larranaga
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answered on Sep 1, 2023

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.

If...
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2 Answers | Asked in Landlord - Tenant for Colorado on
Q: What is the statue of limitations in Colorado to file a lawsuit against a landlord for failure to return the deposit?

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?

Michael Joseph Larranaga
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answered on Aug 30, 2023

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...
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