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Colorado Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Is what my rental company doing legal?

The house that my roomates and I recently moved into is sinking into the ground and they are doing active construction on the home while we are living in it. There is orange fencing around the construction area when they are gone but during the day there are construction vehicles that we have to... View More

Stephen Johnston
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answered on Aug 28, 2024

The lease agreement that you signed is going to make a huge difference regarding this circumstance. In Colorado, the legislature has given very few protections to tenants. If you believe that the property is uninhabitable Colorado law would allow you to leave the property without being required to... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I live on a property I was fired from and the new manager brought me a paper saying I had to be out in ten day not

Signed. Has a typed name of owner. No contact was ever made. No post for other employees to know of job opening do I need to leave in the ten days

James L. Arrasmith
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answered on Jun 15, 2024

Receiving a notice to vacate the property within ten days can be alarming, especially if the notice is unsigned and lacks proper formality. It's important to understand your rights as a tenant, even if your housing is tied to your previous employment.

First, verify the legitimacy of...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can the landlord legally install video cameras inside my restaurant and monitor my activities?

Now lease agreement does not specifically addressed this issue.

Michael Joseph Larranaga
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answered on May 3, 2024

That is rather odd. Some leases provide for the Landlord to handle security but video cameras interfering with the operation of the business may be an issue. You may want to contact an attorney.

This could be a breach of quiet enjoyment or the implied covenant of good faith. I have never...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is the rental increases every year really due to property value or is it just the land owner being greedy

Every year my apartment rent has increased by 120.00 a month. The office tells me it is due to the property values.

Michael Joseph Larranaga
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answered on Apr 19, 2024

It could be a combo of things including property taxes, inflation, or just greed. A good spot check is to take the new rental amount divided by the old rental amount and subtract 1 ((New Rent/ Old Rent) -1). That is the percentage your monthly rent increased. You can compare that to the prime rate... View More

3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

James L. Arrasmith
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answered on Apr 3, 2024

In most jurisdictions, a verbal agreement allowing someone to stay in your home for a specific period does not automatically grant them tenant rights. However, the laws governing such situations can vary by location and may depend on the specific circumstances.

Generally, if the person has...
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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Apr 2, 2024

Under those facts, assuming you own or rent the place and they are not part owners, co-tenants, and have no other legal claim to the home (and with no more information), then, yes. Of course, the devil's in the details. So if other facts are relevant, the answer could change. Also, if... View More

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3 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

Michael Joseph Larranaga
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answered on Apr 19, 2024

I think the question would revolve around if you accepted any type of payment for allowing them to stay. If you did, then they may be considered a Tenant. If you just allowed them to stay as a guest, then maybe not.

As Mr. Boyle said, the devil is in the details.

Please be aware...
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1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Am I completely within my right to break my lease agreement?

I am currently under a 12 month lease agreement with a landlord as a roommate in a house. In the contract, there is no termination clause. Recently, due to a hostile living environment and a negligent landlord, an early lease agreement was typed up. Our landlord has threatened to evict us on... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems that you may have grounds to terminate your lease agreement early due to the hostile living environment and your landlord's negligent behavior. However, the specific laws and regulations regarding lease termination can vary by state and... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Do I have any tenant's rights if there is no rent?

For the last 10 years I have been living in a house owned by a family member, with their permission. There is no written agreement or contract, and no rent is requested or paid. The utility bills are in my name and paid by me, and I do any maintenance and improvement work that occurs (but again,... View More

James L. Arrasmith
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answered on Mar 31, 2024

In most jurisdictions, even without a written lease agreement, you would likely be considered a tenant at will. This means that while you don't have a formal lease, you do have certain basic rights as a tenant, especially given the extended period of time you've been living there.... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How long before landlord can remove items put outside by forced eviction? Is it required to notify tenant of removal?

Are items locked up by manger under the same conditions as items outside? If so how does one retrieve locked up items if manger clams there’s nothing of tenets in/on property?

James L. Arrasmith
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answered on Mar 31, 2024

In Colorado, when a landlord forcibly evicts a tenant, the process for dealing with the tenant's personal property is as follows:

1. Removal of items: The landlord must remove the tenant's belongings from the rental unit and store them in a safe place. This can be on the property...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How do I keep from being evicted for CRS 13-40-107.5. when my charge was CRS18-18-403.5

I'm not sure what info to give u to get a clear answer. Tell me what info u would need please. And I appreciate ur time

James L. Arrasmith
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answered on Mar 30, 2024

Understanding your situation requires clarity on the specific charges under CRS 18-18-403.5 and the circumstances around your eviction under CRS 13-40-107.5. The nature of the charges, your rental agreement, and any communications from your landlord are critical details. Additionally, whether you... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: We have a month to month tenant in Grand Lake, CO (lease 8/6/2023). He has not paid rent since Dec 2023 we filed a JDF99

We were trying to give him time to figure out state assistance but as of 2/15/2024 he did not qualify so we have started the process to evict him. He has not responded and has until 3/18/2024 to "cure" the compliant. We will be filing a lawsuit on March 18 should we have an attorney? Thank you,

James L. Arrasmith
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answered on Mar 30, 2024

Navigating the eviction process can be complex and having legal guidance is often beneficial. An attorney with experience in landlord-tenant law in Colorado can help ensure that all legal requirements are met and that the process is handled efficiently. They can provide advice on the specifics of... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: In Colorado, if a landlord sends an addendum to a lease via email and it's confirmed/ approved, is that legally binding?

A landlord sent me an email with an addendum to my lease (requiring 60 days notice). I confirmed it in my email response, but there wasn't anything else signed. Is that still legally binding?

James L. Arrasmith
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answered on Mar 26, 2024

In Colorado, electronic communications, such as emails, can form part of a legally binding contract, including lease agreements and addenda, provided they meet certain criteria. The key elements are the intention to form a contract, agreement on the terms, and exchange of consideration (something... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Q: 10 day demand. No statutory statement. No date,time, summons on the 24th for court 27th paperwork submitted to court inv

Valid. Had trial wanted to present my evidence which clearly shows they didn't properly serve me I was told if we go to trial and the magistrate sees I owe money it's going to be an eviction regardless. Can I reverse the agreement to leave in 20 days?

James L. Arrasmith
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answered on Mar 24, 2024

If you believe the eviction process was mishandled, particularly regarding service of notice and your chance to present evidence, you might have grounds to challenge the agreement or the eviction itself. It's essential to review local tenant laws and eviction procedures as they can vary... View More

2 Answers | Asked in Landlord - Tenant for Colorado on
Q: My landlord and my landlords current leasing agent is not named on my lease. Can they enforce an inspection of the prop?

My landlords name and my landlords current leasing agent is not named on my written lease agreement. The only name listed besides that of the tenants is a person from the former leasing agency. Can this new leasing agent legally enforce an inspection on the property?

James L. Arrasmith
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answered on Mar 30, 2024

Understanding the specifics of your lease agreement is crucial in this situation. If the lease only mentions a representative from a previous leasing agency, it may seem confusing when a new leasing agent or your landlord wants to conduct an inspection. Typically, lease agreements include clauses... View More

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2 Answers | Asked in Landlord - Tenant for Colorado on
Q: My landlord and my landlords current leasing agent is not named on my lease. Can they enforce an inspection of the prop?

My landlords name and my landlords current leasing agent is not named on my written lease agreement. The only name listed besides that of the tenants is a person from the former leasing agency. Can this new leasing agent legally enforce an inspection on the property?

Michael Joseph Larranaga
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answered on Mar 15, 2024

It depends. If the former agent was acting as an agent of the landlord then the lease should transfer to the new agent, sometimes. However, inspections are fairly common for both commercial and residential properties. It is probably not worth your time to hire an attorney to determine if they have... View More

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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.

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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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