Donald C Eby's answer Likely not. Whatever your lease is, month to month, annual , etc. however good or bad it is, written or verbal is the lease. The landlord does not have the right to terminate because he wants to move back in. But, he can terminate based on mutual agreement or breach of the terms of the lease.
Review your lease and enforce it strictly this may help you to force a mutual agreement to terminate or great the basis for an enforceable eviction.
Donald C Eby's answer If your landlord is in breach of the breach you likely need to provide notice and opportunity to cure before you have the right to terminate. I recommend contacting an attorney to help you as the landlord may come after you for damages if he thinks that you have not properly terminated.
Donald C Eby's answer You likely are not in a good legal position. The lease creates an obligation on the Tenant to pay the rent. The lease cannot be unilaterally terminated, but termination can be negotiated. Landlord had 30 - 60 days depending upon the language in the lease to return your security deposit from the termination of the lease, in this case termination may not occur until a new tenant takes possession.
Hopefully, your loss can be limited to the security deposit and LL does not pursue you...
Timothy Canty's answer The Colorado legislature made rent control by municipalities illegal and that position was affirmed by the Colorado Supreme Court. Chief Justice Malarkey dissented but was out voted. The legislature could always change that. That would be a bad idea in my opinion. See the link below.
Donald C Eby's answer Unfortunately, if he has taken residence legally and refuses to leave based on your request then you'll need to formally evict him through the court system. The process begins with legally enforceable Notice. If you are unfamiliar with the process I recommend that you contact and attorney to discuss the process or process the eviction for you.
Donald C Eby's answer Can you force your landlord to pay for your actual costs of destroyed property? Maybe
Can you force you landlord to pay your costs of moving? Not likely
Can you terminate your lease based on the rodent infestation? Yes, you should review and follow closely the procedure set forth in the CO Warranty of Habitability. This is a very technical process so you might want to contact an attorney to obtain assistance and ensure that you have a solid defense to protect you from a...
Donald C Eby's answer Unless your previous lease creates something different you have a 21 day notice period, but be careful how that is calculated, i.e. if notice is delivered today you likely have until the end of Feb.
Donald C Eby's answer When the 60 day clock starts to run is often the issue which wins or losses a Sec Dep dispute. The 60 days begins to run when the lease terminates. That could be on the natural termination date, the date that the landlord and tenant mutually agreed to terminate the lease, or (generally no later than) the day a replacement tenant moves into the unit.
This is a fairly technical legal issue, it the Landlord is in violation a tenant can recover attorney fees as well as treble damages....
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.