You should probably have your grandson talk to an attorney.
His roommate’s actions could constitute theft, unjust enrichment, or other. The lease will govern much of what your grandson can do. Just generally, your grandson may wish to move out. Heavy drug use often leads to bad...Read more »
CO has very recently passed certain laws relating to late fees. The change may be an attempt to comply with that law. But it sounds like they may be moving in the wrong direction. If they start to charge you late fees then you may wish to reach out...Read more »
Free speech is generally protected by the 1st amendment. That being said, the 1st amendment does not protect all types of speech. It has long been recognized that false statements may give rise to a legal claim for defamation. While not criminal in nature, false statements can give rise to civil...Read more »
Never received a list of damages or anything outlining the return of the security deposit. They have my contact info, but I didn’t realize they didn’t have my forwarding address. Lease states the deposit will be returned within 45 days, but only after all conditions have been met. The last... Read more »
The lease is important but the lease cannot override the CO state statute as it relates to security deposits. More information is needed here. For example, once you provided the forwarding address, did they mail the items in question? Regardless, you should reach out to an attorney to discuss....Read more »
I believe this was falsely post-dated as I received the letter over a month beyond the sixty day time frame as expressed in my lease. Correct forwarding address was given before my move-out. I have been attempting to contact property management to no avail. Letter states I owe rent for months and... Read more »
The date of the letter is only a factor in determining the true date the letter was drafted and mailed. A better indication may be the envelope in which the letter was mailed. Often, the post office will electronically stamp the date at the top right-hand corner.
If the time specified in section 1 passes and the landlord has not returned the security deposit or provided an itemized list of deductions, are damages and fees still deducted from the amount of 3x the original deposit?
Think of them as separate topics. The security deposit is meant to secure the performance of the lease. Once the time period has passed, the landlord forfeits the right to retain the security deposit. At that point, you have the responsibility to send the appropriate letters and bring legal action...Read more »
My ex and I broke up in Feb due to her infidelity. We had a lease together and she walked out on it. One day I got home and all her stuff was gone. A couple months later, she went back and took her mattress and stuff. She left behind a keychain with a key on it. Our lease already ended , she knew... Read more »
Clearly, if you are able to find the key, that would solve it.
If you cannot find the key, however, I think it will be very difficult for her to prove any liability on your part. It is easy to file a lawsuit, so she could definitely file a suit against you. Once she's filed, however,...Read more »
That depends on the contract. Typically your duty is to the property owner but they have the option of hiring a property manager to act as their agent. If you are asking then that means there is a potential problem. You should contact an attorney to help you work through it.
He stated I did not paid a pet deposit which is included in my lease and quoted as paid at time of lease he says if I take him to court he will charge me more than what he was originally going to even though I lived in the apartment for 7 and 1/2 years I do have what he was going to originally... Read more »
If the locks were changed and you were not evicted through the court process then you may have been unlawfully evicted/removed. You may wish to speak to an attorney. The court may be able to restore you back to possession if you have been unlawfully removed.
This is for a story I am writing. I am wondering if a tenant's association, as a legal entity, were to sue an owner for gross negligence in managing the building, if they could be awarded ownership of said property. How realistic of an idea is this?
Sorry to say but it would be unlikely. Most of the time in litigation, if you prevail, you would be awarded monetary damages. There are certain exceptions such as when a contract has a specific performance clause or there is some reason in equity why another type of award is more appropriate....Read more »
Acting as Durable POA for my incapacitated father, (with no limitations at all) - him being grantor of 1/2 a living trust within the family, I have been rejected 90% of the time I make a decision "as if I were him". Trustee will not respond to me at all or respect any of my father's final wishes
I think you need to determine if the trust is revocable or irrevocable. If it is an irrevocable living trust then you may not have the authority to do anything as that authority may rest with the trust administrator. I am in no way an expert in trusts but you may be able to find some information...Read more »
My landlord decided to end the month-to-month lease abruptly over text message. I said I think this needs to be in a written format, signed and dated.( the lease does not specify the format) Which they responded that a text is perfectly legal and have yet to send any further information regarding... Read more »
You may wish to contact an attorney so they can review both the text and your lease.
The forcible detainer statute does have some requirements around how notice has to be delivered. That being said, in contracts, a writing can be a lot of things including an email if it is defined in the...Read more »
Tenant agreed to move out to avoid eviction. At the agreed date to vacate, tenant had removed most personal property and didn't show up for scheduled final walk through. Tenant isn't responding to attempts to contact and hasn't turned over the keys and I don't know where they... Read more »
I suggest you read the unlawful eviction statute and talk to an attorney. If the tenant cannot be deemed to have abandoned the house based on a reasonable person standard, you may need to evict them. Otherwise, you are subjecting yourself to liability. Again, talk to an attorney.
Property management put in the lease that I, the tenant, am responsible for rodents. This does not supersede the implied warranty of habitability, does it? I alerted them immediately, and they did not respond to me within 24 hours. Then when they did they denied getting an exterminator and told... Read more »
Mice and rats could be a violation of the warranty of habitability. They are actually listed as one of the enumerated items if the infestation is bad enough. But you need to figure out if it qualifies, if it does then provide the proper notice, and so on....Read more »
I think that question would come down to your lease. I would recommend reaching out to an attorney. $70 seems like a allot. If your lease requires you to pay online then it may even be a material term that may be enough to undue the entire contract. Like I said, reach out to an attorney. That is a...Read more »
A home on our street was torn down and a new home was started but only got as far as framing the house, then the progress stopped 2 years ago. The owner lives in Florida (this home is in Colorado) and the owner's son is homeless and has schizophrenia camps in the backyard. Other homeless... Read more »
They put SOD in the back yard and charged us for that which is fine but when we moved in there was not grass in the back yard there were patches of weeds and grass. They charged us to throw trash that was removed from there and charged us for a dish removal and that was there when we moved in.
The security deposit and the amount that a landlord can charge you for damages that you caused to the lease are typically not related. The security damage acts as an advance that can be used to help cover those damages if needed. It is typically, not a...Read more »
I just moved into to and owner occupied home I have the whole garden level space. After 1 week owner says not a good fit provides a 30day notice to vacate. I have had no violations, not loud it’s just me and my 13lb mini Aussie. I’m disabled and hispanic so I’m not sure if she is... Read more »
It depends. You need to talk to an attorney. If you are on a month-to-month lease, they may be able to terminate without cause on a 30-day notice. IE, they may not need a reason. Regardless, they need to follow both the lease and forcible detainer statute.
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