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Colorado Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a property manager amend a lease in placement of a landlord?

I am a disabled veteran that has been directed by a medical professional to move closer to family due to my medical conditions worsening. My new lease does not start for another 40 days. Can i void this lease with a written letter from the doctor?

Michael Joseph Larranaga
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answered on Mar 10, 2023

In terms of the property manager, it depends. Typically, the landowner will give the property manager power of attorney or authorization to perform certain activities on their behalf. It is not uncommon for a property manager to sign leases on behalf of the property owner. It just depends on the... View More

1 Answer | Asked in Personal Injury, Landlord - Tenant and Insurance Bad Faith for Colorado on
Q: Suffered total personal prop loss due to ( cause undetermined) fire mid Sept 2022 ,Entity prop owner, refuses to comp.

The Colo. Vilage collaborative, compensated others some of which had no prop loss. Yet cut ties with myself and a handful of others completely.i filed claim with their ins.provider who stated they had lapsed ,had consumer advocate entity liasion to no avail. And have been trying to get legal help... View More

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2023

A Colorado attorney could advise best, but your question remains open for three weeks. I'm sorry for your property damages. At this point, you could try to set up a free initial consult with attorneys who handle property and casualty claims. If nothing else, you could learn the timelines that... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My Grandson signed a lease with his roommate. The roommate is now spending his portion of the rent on drugs

My Grandson is now paying for himself and roommate. What are my Grandson's options ?

Michael Joseph Larranaga
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answered on Feb 2, 2023

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...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can an apartment complex change the date rent is due before being charged a late fee, from the date in the lease?

My lease says I have until the 8th of each month, but my complex says they've changed the date to anytime after the 1st.

Michael Joseph Larranaga
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answered on Feb 1, 2023

As with all legal questions, it depends.

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...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is it legal for my landlord to tell me about his other tenants and vis Versa with out my consent

My landlord is telling his other tenant's all my business about eviction

Michael Joseph Larranaga
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answered on Jan 27, 2023

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... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Received letter in mail that is incorrectly post-dated to reflect within sixty day legal limit as expressed in lease?

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... View More

Michael Joseph Larranaga
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answered on Jan 6, 2023

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 you feel like your...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: With regards to CO Rev Stat § 38-12-103 (2016)

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?

Michael Joseph Larranaga
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answered on Dec 29, 2022

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... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I don’t know what to do about my ex and about these keys? I wouldn’t they be considered abandon at this point.

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... View More

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

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,...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Hi I had a few questions regarding my summons for an eviction. I just wanted to double check the time I needed to be to

Court on the dockets website and now I don't see my name. Why would I all of a sudden not be on the docket?

Michael Joseph Larranaga
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answered on Dec 14, 2022

FED proceedings, evictions, are normally suppressed. In otherwords, you may not be able to see them on a normal docket search. You may wish to confirm the time with the clerk.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that...
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1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Colorado on
Q: If I signed a lease w a private owner landlord of a condo, whom I've dealt with for all issues that arise,and whom

I've paid Rent to, hires a new realtor/management company 6 months into the year lease. I owe no obligation to the new realtor, because I never entered into a new contract w them?

Michael Joseph Larranaga
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answered on Nov 9, 2022

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.

Please be...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My landlord only return to small portion of my damaged deposit and is stating now if I take him to court he will charge

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... View More

Michael Joseph Larranaga
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answered on Nov 9, 2022

You should get in contact with an attorney. They would need to review your contract to determine what your landlord could and could not charge you.

Colorado has a security deposit law. It may be worth reviewing.

Please be aware that any answer is based on all the events occurring...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I went home today and my locks were changed. Can I break in my apartment?
Michael Joseph Larranaga
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answered on Nov 9, 2022

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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: A tenant's association sues for property ownership

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?

Michael Joseph Larranaga
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answered on Oct 20, 2022

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.... View More

1 Answer | Asked in Contracts, Estate Planning, Landlord - Tenant and Probate for Colorado on
Q: How do I revocate a contract / remove the trustee from trust/estate/property/etc.??

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

Michael Joseph Larranaga
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answered on Oct 20, 2022

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... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If you are on a month-to-month lease and your landlord terminates it via text messages, is that legal?

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... View More

Michael Joseph Larranaga
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answered on Oct 20, 2022

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...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I have a tenant I started to evict. Tenant abandoned the apartment and left behind some items. What are my rights?

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... View More

Michael Joseph Larranaga
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answered on Oct 19, 2022

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.

Please be...
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Q: I submitted a hour and wage and demand paperwork to my ex boss and I have heard anything back and plus she threw my
James L. Arrasmith
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answered on Mar 30, 2024

It sounds like you're dealing with a challenging situation regarding your former employer. When you've reached out with important documentation regarding hours worked and wages owed, but haven't received any response, it can feel disheartening and frustrating. If your documentation... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can my landlord have a vendor take pictures of my personal belongings without my consent?

My landlord is sending a company to perform an inspection on our property and requested that the vendor takes pictures of each room (as well as wear a body camera) but we have never given them consent to do so. I understand that for a maintenance issue they make take photos but there is currently... View More

James L. Arrasmith
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answered on Mar 26, 2024

You have the right to express your concerns regarding privacy and the taking of photographs within your living space, especially if they include your personal belongings. It's generally advisable to communicate directly with your landlord about your discomfort with having pictures taken of... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Colorado on
Q: Can someone read this over and see if I'm accurate or not, for me please Motion to reconsider judgment in FED Eviction

"fraud of courts." Defense

Background:

1. During the proceedings, the plaintiff's counsel presented unnecessary testimony from a process server to support a false claim of personal service to the defendant. This witness testimony was intended to embolden the... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

That doesn't sound like a valid defense to an eviction case. It sounds like the judge did the correct thing in dismissing (presumably without prejudice) the eviction against the unserved defendant and evicting the defendant who admittedly was served. The landlord will have to refile the... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Colorado on
Q: staying on friend's property she died her husband died his mom had my personal property removed can she legally do this

deed is still in dead friends name

Anthony M. Avery
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answered on Jul 28, 2023

The mother is probably an heir at law of the last owner. She probably has the authority.

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