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Colorado Landlord - Tenant Questions & Answers
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.

1 Answer | Asked in Construction Law and Landlord - Tenant for Colorado on
Q: Hello what do I do if a former tenant has filed a false lien on my property

my former tenant has falsely filed a lien on my property - claiming to have done $21,000 worth of work over a time of 5 years. What he is claiming is based on no consent to do work, no estimate, no contract and no invoice. He is mad because I had to repeatedly told him to get out. He has... View More

Michael Joseph Larranaga
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answered on Jul 27, 2023

You will most likely need a lawyer. Depending on the facts you could be looking at slander of title or a quit title action of sorts. It depends on what they filed. Their are special rules regarding contractor liens.

Either way, it is most likely beyond the layman.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If tenants have moved out on May 7th, but the notice to quit is up July 27th, do they still have rights to the unit

They have set up cameras, and are making threats when things were moved - due to termite spraying

T. Augustus Claus
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answered on Jul 14, 2023

If the tenants have already moved out of the unit on May 7th and returned the keys, their rights to the unit may have ended at that time.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can my Landlord raise the rent every month for the rest of the year to fix up the property?
Michael Joseph Larranaga
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answered on Jun 22, 2023

I would look at some of the recent rent increase laws. A landlord can raise the rent but there may be limitations on how often they can do it in a single year.

That being said, if they are charging you a fee to fix the property up then it could be something different. It's hard to...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord request an additional $50 monthly pet fee in Fort Collins, Colorado after the lease has been signed?

No mention of a monthly fee is stated anywhere in the lease. Only mention was in the ad "There is a possibility of a monthly pet fee at the owner's discretion." But nowhere in any legal documentation. Additionally, if they try to add an addendum after the fact do I have to sign it?

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

It depends on what your lease says. If it says no pets or fails to include the pet and you add one, then you have to agree to the terms of the landlord or you could be evicted for failing to comply with the lease. You should discuss this with a local Tenant's Rights attorney. Thank you for... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: In Colorado can I be held responsible for hidden water damage (mold removal) ,that I wasnt aware of.? I'm a tenant.

The unit is a subsidized low income apt owned by the local housing authority, who are suing me for $4000 .

Michael Joseph Larranaga
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answered on Mar 31, 2023

That depends. A better question may be what caused the mold? If it is from a water leak due to the landlord’s failure to maintain the roof then maybe not. It just depends. Regardless, you may wish to contact an attorney. If your lease has an attorney fee provision, they may be willing to take it... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I need some help with Colorado lease and eviction law for commercial properties

So, I have been renting a kiosk at a Colorado Mall for about 4 years now and recently I had a tough month (not financially, but just with getting sick and dealing with familial emergencies) and I was unable to Make it to the mall management office to pay my rent on time. Please note that this would... View More

Michael Joseph Larranaga
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answered on Feb 27, 2023

This depends on your contract. You should get a copy and talk to an attorney.

You may also be able to talk to the landlord to resolve the situation.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord not not return my security deposit within 60 days because they didn’t know my forwarding address?

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... View More

Michael Joseph Larranaga
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answered on Jan 16, 2023

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.... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I rent a townhome with 6 units, a shared attic. I had mice chew through the bedroom closet and desecrated my bedroom.

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... View More

Michael Joseph Larranaga
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answered on Oct 14, 2022

I would say call an attorney.

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....
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can my apartment require rent to only be paid online? Not a problem to pay online except for the 70$ convenience fee

Every payment is charged a convenience fee. I got charged 100 because they had to relocate my car. That bill is now 170 because of the convenience fee. This doesn’t seem fair.

Michael Joseph Larranaga
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answered on Oct 4, 2022

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... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Can you live/camp in the backyard of an unfinished home if you are not the owner?

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... View More

Michael Joseph Larranaga
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answered on Oct 3, 2022

In short, it would be difficult to force the sale since you do not have an ownership interest.

Could there be other legal remedies? Potentially. You should call an attorney to check.

If the occupants are there without the landowner’s permission, it could be trespass. Again, it...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord charge you for additional services that are more than your security deposit?

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.

Michael Joseph Larranaga
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answered on Oct 3, 2022

This is an oddly phrased question.

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...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: can a owner give me 30 day notice to vacate for no reason other than not a good fit after I’ve been there a week?

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... View More

Michael Joseph Larranaga
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answered on Oct 3, 2022

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.

Regardless, more information...
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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on
Q: Maintenance team accidentally let my dog out of my unit and he ran away.

I was notified of the maintenance (there’s never been any issues) I received a call that my dog had “gotten out” and they were attempting to retrieve him. Then I got a call a bit later stating they had “lost sight of him”. I left work after the first call to go get my dog myself but they... View More

Michael Joseph Larranaga
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answered on Oct 3, 2022

The dog is back safe and sound. That is the important thing. If the dog got out during a scheduling maintenance event, then it may be no more than mere negligence. It sounds like the landlord tried to do the right thing by looking for the dog and paying for all the associated costs.

You...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I want out of my lease since I cannot coexist with my roommate. If I get evicted how will that affect me?

My roommate is unemployed so between her and I only I can afford the apartment on my own. It's a joint lease. If I leave my landlord will sublease the whole apartment. If she leaves our credit is fine but she refuses to sublease her room. I'm paying the bills and my only way out is if I... View More

Michael Joseph Larranaga
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answered on Oct 3, 2022

You may wish to talk to the landlord about the situation. Often times they can help you come to a solution.

Getting evicted should be avoided if possible. If the eviction is entered by a court, it becomes public record. That can make it difficult down the road to obtain another apartment....
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can we request a credit on rent due to uninhabitable noise issues on an AC unit?

An AC unit outside of my apartment building has had an increasingly loud and high-pitched screeching coming from it. I've submitted a maintenance request and the team has basically come out to notate information about the unit and that's it. The issue began a couple of weeks ago,... View More

Michael Joseph Larranaga
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answered on Oct 3, 2022

Well, it is possible that an A/C unit may fall under the warranty of habitability, you may be better off checking your contract for clauses regarding the landlord’s duty to maintain the property.

I feel it is important to caution tenants against withholding rent for warranty of...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is it legal for a landlord to reply to a bad review from a tenant online by listing out all of the months of rent that

the tenant owes? “We have been trying to collect from Sierra since May due to her paying late on her rent. She has been accruing late fees and has been posted several times. We sent emails concerning past due account: 4/16, 5/5, 5/13, 5/17, 5/19, 5/21, 6/3, 7/8, 7/12, 7/21, 7/28. We have posted... View More

Michael Joseph Larranaga
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answered on Sep 22, 2022

You need to check with an attorney.

In short, anytime you post any type of factual comment you need to be aware that you could be subject to a defamation suit.

In addition, you need to walk through the late fee issue. During COVID a few significant bills passed regarding late fees...
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1 Answer | Asked in Landlord - Tenant and Civil Litigation for Colorado on
Q: Can a landlord sue you based on estimates without an explanation of what was repaired?

Landlord withheld my entire security deposit of $1750 and charged $2065 on top of that for “estimated” repairs. They will not provide receipts, I have requested them several times. They took me to court because I did not pay until I received receipts. Now I will be responsible for interest and... View More

Michael Joseph Larranaga
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answered on Sep 19, 2022

You need to talk to an attorney. The landlord as Plaintiff, just like in most civil cases, has the burden of proof which includes proving their damages. Damages do not need to be exact, but they cannot be guesses either.

Depending on where you are in the process, you may even wish to...
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1 Answer | Asked in Contracts, Landlord - Tenant and Animal / Dog Law for Colorado on
Q: I have an apartment lease which stipulates certain breads of dogs considered dangerous and not allowed.

There are many dogs on that list now living in my complex. The office says the owners of those dog’s presented documents claiming the dogs are “emotional support “ animals and they are required to accept them. How is this not a breech of my lease which prohibits such dogs? Thank you

Michael Joseph Larranaga
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answered on Sep 16, 2022

In many circumstances federal and state law trumps contract law. Contract law must live in the legal framework setup by both the state and federal governments. A personal contract typically cannot supersede a state or federal law unless the law allows itself to be superseded.

If a contract...
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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: Can a landlord evict me if I am a victim of domestic violence and have notify them of it? I

They are evicting me because my lease was expired but I have been paying rent on a month to month basis since march

Michael Joseph Larranaga
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answered on Sep 16, 2022

Sorry to say but more information would be needed. If your lease truly did expire you may have a month to month tenancy that can be terminated with the proper notice.

In terms of domestic violence, Colorado does have a couple of statutes that address this point. From what I recall, the...
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