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Colorado Landlord - Tenant Questions & Answers

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can my friend fight eviction from the home that his grandma bought for him to live in after her passing?

His grandma bought house for her and her grandson to live in and for her grandson to keep after she passed. Six months ago the grandmas daughters came to home with armed security guards and two members of local law enforcement and requested that the grandmother went with them. She agreed stating... Read more »

Donald C Eby answered on May 20, 2019

Evictions are a matter of contract or implied contract. This will turn on the exact reason in the Notice given as to what Grandson's defense may be. Grandson may have a defense that he is an owner and thus cannot be evicted.

He should consult an attorney to discuss the facts and possible...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: My landlord didn't tell me there was no heating system in my room or bathroom before I moved in. Can I break my lease?

She says no heating system can be installed and no portable space heater is allowed in my room. There is a heating system in the room (kitchen and living room) right next to my room. She says if I leave my bedroom door open and wear extra clothes, then I should be fine. However, the next room is... Read more »

Donald C Eby answered on May 14, 2019

You may have a Warranty of Habitability issue. But, this will be very fact intensive.

The primary issue is whether or not your LL will pursue you for damages if you abandon the lease. It is unlikely to be a financially viable case for the LL.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can I evict one tenant on lease but not the other tenant on lease?

I am having problems with one tenant on lease disrupting other tenants and would like to evict her. The problem that arises is I have two separate tenants on lease (One is adult daughter and One is her Mother). The problem tenants is the daughter. Can I somehow evict the daughter and keep the... Read more »

Donald C Eby answered on May 13, 2019

Yes - You can bring the action against one tenant - a smart Defendant would bring in the other tenant as a 3rd party defendant, but maybe she will not.

Likely, you'll ultimately sign a new lease with the single remaining tenant.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: I own a mobile home but there is a lien on it can the landlord evict me if he is not the mobile home park manager.

Donald C Eby answered on May 9, 2019

Your facts are confusing. Whoever is identified in your lease as the Landlord has the power to evict you if you are in breach of the lease agreement.

There may be a separate issue between evicting the occupant of the trailer and evicting the trailer from the park.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Building transferred ownership one month into lease, dispute over validity of deal offered by previous owners. Options?

I viewed my apartment at the end of March. I was sent a quote for a lease starting a few days into April. Part of the deal according to the leasing agent was if I filled the application attached to that quote by a certain date, I would receive $1000 off the first full month's rent (May). I filled... Read more »

Donald C Eby answered on May 8, 2019

You are in a difficult spot. If the new ownership doesn't honor the deal you'll be faced with proving that the offer existed or paying the disputed $1,000. Hopefully, the sales person will testify on your behalf.

2 Answers | Asked in Criminal Law and Landlord - Tenant for Colorado on

Q: Is it a criminal charge for landlord shutting off my power

Mr. H. Michael Steinberg answered on May 8, 2019

No. This kind of thing is a civil case at worst. It is not a criminal act. I am sorry because it can have the same impact. H

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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Landlord wants to come in everyday from 2:30-6:30 to show property til closing day, Can she do that?

In our lease it says "landlord or agents may enter the premises at reasonable times to inspect the premises, make any alterations, improvements or repairs or to show the premises to a prospective tenant, buyer or lender." She texted me saying she will be showing the house every day from 2:30-6:30... Read more »

Donald C Eby answered on May 6, 2019

It is likely that a Judge would not consider this reasonable.

Do you want to hire an attorney to send your landlord a demand letter or otherwise contact your landlord on your behalf?

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Landlord did not want to accept rent because she wanted a plumbers bill as well, now she is adding late fees, can she?

tried to pay landlord rent on the 3 and she returned the check because she said we owe her for a plumbers bill that she called out to check her valves. after the 3 rent is considered late to her and 100 is add after the later date and 50 for each other day its late. tried to pay the rent again on... Read more »

Donald C Eby answered on May 6, 2019

If landlord attempts to evict you based on failure to pay rent, you will want to bring these facts to the attention of the Judge. You may want to hire an attorney to help you prepare for the hearing or to defend you at the hearing.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can a landlord legally rent a room that has no heating vents/ducts- no heating source at all?

I know a landlord who is renting out a room that has no heating ducts/vents/pipes etc. It was a struggle for the tenant to even be allowed to use a space heater in the room. I'm wondering if there are any laws about this?

Donald C Eby answered on May 5, 2019

There could be several issues here ranging from possible zoning violations to possible violation of the warranty of habitability. But is there a specific law requiring a heat duct in the space, if so it will be a city specific ordnance.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: can a private tow company tow a car from a private lot without proper notice in Colorado

Donald C Eby answered on May 4, 2019

It is not likely that notice to the owner of the vehicle would be required if the tow company had proper authorization from the owner of the lot.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: I need to break my rental lease early can this be done I live in Thornton co

Donald C Eby answered on Apr 27, 2019

A lease is a contract. If you don't fulfill your obligations under the contract the LL will decide if he is interested in pursuing you for damages. That said, you could attempt to negotiate a mutual termination of the lease. If you are successful then you would not breach the lease and would not... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: landlord threaten to evict me and family if i didnt get an abortion as she demanded, its against my religion

my landlord has agreed since novemeber of 2018 to accept weekly partial payments from me, now after finding out i am pregnant she threatened to evict me if i didnt have an abortion like she demanded and stated she would pay for... she also knows that i have a 5 year old daughter that i would do... Read more »

Donald C Eby answered on Apr 27, 2019

An eviction is a fairly technical matter. A landlord must show not only that term of the lease (even verbal) was breached and that legally sufficient Notice and Opportunity to cure was delivered and no cure occured.

Likely, this week is you opportunity to Answer the Complaint where a trial...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can I hold my tenant responsible for damages to the house if I dont have a contract?

I am a renter and dont have a contract with my tenants. My landlord is withholding an amount from my deposit of some damages caused to the home which I intend to split with my other tenants. If I dont have a contract with them but they paid a deposit, can they refuse not to pay? Then what? Do I... Read more »

Donald C Eby answered on Apr 24, 2019

You have contractual obligations to your Landlord.

Your tenants (subtenants) have contractual obligations to you (sublandlord) even if the contract is verbal.

If your subtenants don't comply with the agreement and/or you ask them to leave and they don't then you'll need to get the...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Landlord threatens to call Sheriff and change locks (see details below).

The landlord owns the home were were renting and decided to move back in at the end of our lease. We found a new rental and decided to move out 13 days before our current lease ended because Colorado weather can be tricky in the month of April. We’d fulfilled our lease and were never late. The... Read more »

Donald C Eby answered on Apr 17, 2019

No - but you may be entitled to your 6 days of rent.

Additionally, the LL has a duty to comply with the CO Sec Dep Act or he may face triple damages for not properly accounting for your security deposit.

If you are unfamiliar with this rule you should contact an attorney if you fee...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Is it legal in colorado to charge late fees during a 3 day notice? They added $60 more than what was written on notice

Donald C Eby answered on Apr 12, 2019

So long as it is agreed to in the lease, this would be allowed. But, charging these fees and accepting partial payment could invalidate the 3 day Notice if LL attempts to initiate an eviction action.

I recommend contacting an attorney if you are served a summons and complaint.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: I have a notice to quit in 60 days landlord is a jerk very abusive and harassing. When asked for a week grace period?

I asked him to calm down talk to me in the morning in a text about a grace period and he continued to be a harassing jerk insulting me, accusatory words that aren't true. So question is I need to get out of here due to the hostility and anger I've had too many times with him. I've had verbal... Read more »

Donald C Eby answered on Apr 7, 2019

If you are in fear of your health or safety you should go to the court to get a restraining order.

If you do not pay the rent as due the LL may issue a 3 day demand for rent or possession.

If your LL has an attorney working for him you should consider hiring an attorney to represent...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Is the notification that we sent to our tenant enforceable? Can we deduct unpaid rent from damage deposit? We are in CO.

We had a month to month lease with our tenant. We have decided to sell our house and requested she move out to list the house. On March 4th, we gave her 45 days in writing, with a final moveout date on April 17th. (she was paid through March). We also stated that her rent would be prorated for... Read more »

Donald C Eby answered on Apr 5, 2019

Are you likely to win in Court if you sue for the partial April rent? On a Month to Month contract with does not specifically require notice - No.

Can you withhold unpaid rent from a security deposit if the lease is silent as to your specific rights here? Yes - assuming you have the right...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: How is the 21 day notice calculated if the tenant gives the notice on the 15th and the monthly rent is due on the 1st

Donald C Eby answered on Apr 2, 2019

The statutory notice requires no less than 21 days notice prior to the end of the current rental period, i.e. month. Thus, on a lease that begins on the 1st of each month to terminate the lease at the end of that month Notice must be delivered prior to the 10th.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: My landlord will not pay for roof repairs

We are under a contract with her that she buys all materials and we do the work for her this contract ends in November 2019. She is refusing to give us the money or materials to fix the roof that is in our contract and will not fix the rest of the roof that is not in the contract. She wants us to... Read more »

Donald C Eby answered on Apr 1, 2019

Will your landlord be successful in an eviction hearing? This depends on how good your lease is. The LL has no right to unilaterally change the terms of a written term lease agreement. But, if your lease is a month to month lease and the LL gives proper notice of the change in terms she does... Read more »

1 Answer | Asked in Land Use & Zoning, Civil Rights and Landlord - Tenant for Colorado on

Q: Does mngmnt have the right to go on to our property, or, at wat point can code enforcement just go without notice?

The manger is trying something stuff to us that isn't right

Donald C Eby answered on Mar 31, 2019

Code enforcement is outside of the control of your landlord.

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