Ask a Question

Get free answers to your Landlord - Tenant legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Colorado Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord withhold a portion of the security deposit for “lost rents” and is so what is the time frame?

We moved out 12 days ago. Our old landlord put the house on the market 7 days ago. They had one person look at the property and mention pet urine smells in one of the bedrooms as their reason for not renting. Now they are trying to withhold $1,000 for “lost rents.”

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2022

I would reach out to an attorney.

From a general standpoint, most leases permit a landlord to withhold a portion of the security deposit to cover damages to the leased premises exceeding normal wear and tear. This could include the cleanup of pet urine.

Landlords needs to be...
View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If my apartment give me a notice telling me I have to be out in 60 days can they still give a vacate in ten days notice

So my apartment put a notice on my door telling me I have to leave in 60 days because they want to removal. Can they also 10 day vacate the permits notice after that??

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2022

It depends. I often see both notices to quit along with notices for substantial compliance sent out at the same time.

If the tenant complies with the substantial compliance notice, then the notice to quit kicks in.

If the tenant fails to comply with the substantial compliance...
View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Landlord has yet to remove wasp nest from inside apartment after nearly 2 weeks

The wasps were nested in the bedroom ceiling and broke thru a week after living there. They have now infested the whole apartment. Landlord was contacted August 1st but only makes promises of sending pest control over and never fulfills. They now won't even answer calls or emails.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2022

I would call an attorney

In Colorado, we have a warranty of habitability statute. If a situation materially interferes with the tenant's health and safety then it could run afoul of the code. You need to ensure you provide proper notice and ensure you qualify. If you do both, the...
View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can I get out of my lease early if my landlord has large trash that hasn't been picked up in over a month?

Someone dumped a hot tub at the dumpster of my complex. It's been there for over a month. Now there are couches and people are starting to throw trash in the hot tub. It stinks, it's an eyesore and isn't safe or sanitary. I asked my landlord almost a week ago to remove the trash.... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2022

If the trash is creating a health and safety problem then it may raise a warranty of habitability issue.

In short, if the condition creates a material threat to the tenant's health and safety there are certain situations where the tenant can demand the issue be repaired and if not...
View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My rent payment portal removed fee-less bank account payment options. The charges for credit/debit are not in lease.

After renewing our lease, our management company removed the option to pay with a bank account leaving only the options to pay with credit or debit, and incurres huge fees to do so. The current lease states all rent and fees agreed to in the lease shall be paid through the mandatory portal, but the... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2022

This is a grey area. If the contract does not specify that you need to pay any credit card fees you may be able to argue that they cannot charge them. I would think this is especially true since they do not provide you with any payment options where you would not need to incur these fees. But it... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How do I get ex to leave the place i rent, i gave him 30 days, thats come and gone, asked several times, he refuses

He is staying in his truck and in a shed that is out back in driveway and small yard, but still does not work or contribute at all, and I need to move on with my life, what do I do to get him to leave, I am a single mom and cannot afford to hire attorney for this

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2022

It depends on if he is on the lease or was a tenant.

Unfortunately, you need to talk to an attorney.

You may need to file FED (eviction) proceedings to get him removed from the property. In the alternative, if he is not a tenant and does not have a right to be on the property then...
View More

1 Answer | Asked in Employment Law and Landlord - Tenant for Colorado on
Q: Received a notice to vacate in 21 days, I have worked were I live for 5 years and not paid. Is this legal

I worked for owner and lived at motel he owns for five years we were to re t rooms, and keep property cleaned and mowed. He did not pay us and now wants to terminate our employment. He has not paid sales tax last document says 2013, he has repeatedly had power shut off closed accounts we used for... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2022

It may be illegal. I would recommend you contact an attorney.

In Colorado, we have the unlawful eviction statute. In certain cases, if the landlord is intentionally shutting off the power to the residence it may constitute an unlawful eviction. This is a very fact-intensive analysis. The...
View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: 60 day notice issues

1) If I gave my apartment manager written 60-day notice and they discarded/lost it, can I still be punished as though I didn't give it at all?

2) Does it even matter if my apartment on my lease is a different apartment than the one I'm being charged for?

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2022

I am speaking solely in the context of events occurring in Colorado.

1) If you gave your apartment manager proper notice under the lease, it should not matter if they lost it or are unable to find it. I would hope you kept proper documentation. If so, the best course of action may be just...
View More

2 Answers | Asked in Contracts, Business Law and Landlord - Tenant for Colorado on
Q: Can a commercial landlord forcibly remove tenant's contents without the eviction process - even if it's in the lease?

Upon coming to that conclusion, he mentioned a "mean way" and a "nice way" to handle this. As an art gallery, we need to be careful how we move everything, so we need some time. He said the "mean way" would be their having "repossession trucks" come in with a... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2022

Afternoon,

If you have a landlord threatening to remove items from a commercial space, you need to obtain an attorney right away.

In Colorado, we have the unlawful eviction statue otherwise known as C.R.S. 38-12-510. The statute prevents landlord from evicting tenants without...
View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Hello, Is this a breach of Colorado's Warranty of Habitability law?

I have expressed concern about the lighting in my house to my landlord a few times dating back to 8/15/22. I have sent out one text message, a call and an official request to be it done through her website. She has been completely unresponsive. The lights have been flickering constantly and dimming... View More

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2022

Afternoon,

Colorado’s warranty of habitability statutes can be found at C.R.S. 38-12-501 TO 38-12-511.

In short, Colorado’s warranty of habitability statutes requires landlords to address conditions that materially interferes with the tenant’s life, health, or safety. What...
View More

1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Colorado on
Q: I was illegally kicked out of my apartment and would like to sue for being made homeless. What kind of attorney do I nee

I was initially evicted, but worked with another lawyer to get the eviction removed. I still had to leave my apartment with only a days notice and have since been homeless. I would like to sue them, but I am having difficulty finding what type of lawyer I need to find to help me.

Tim Akpinar
Tim Akpinar
answered on May 19, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. You ask what type of lawyer you need. Out of the categories you chose, landlord-tenant is probably the best place to start. Personal injury attorneys aren't likely to have... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is a landlord supposed to provide housing if rental house has plumbing issues and needs tenants to vacate premises?

I am currently being asked to vacate my rental room due to plumbng issues in the house. Is the landlord supposed to provide temporary housing while the plumbing issue gets fixed?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 26, 2022

What does your lease say in this type situation? If it is silent, then no.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My security deposit of $1,032 was withheld for over 90 days without reason from my landlord. I kept getting excuses

Every time I called. Can I collect damages from them for going well beyond the 30 days there were supposed to return my security deposit?

Donald C Eby
Donald C Eby
answered on Jan 25, 2022

A landlord who wrongfully withholds the security deposit may be subject to damages of 3X the amount and attorney fees.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have entered in a lease to buy option with my landlord and now he does not want to sell after signing contract.

I have been running my business for 2.5yrs now… I called my landlord to notify him that I would like to purchase the building as stated in our lease contract… but he said he does not want to sell… what will I do if he don’t sell it to me? I have paid Rent, property tax and insurance every... View More

James A. Greer
James A. Greer
answered on Sep 7, 2021

Dear Lessee With Option To Purchase: The best and most urgent advice I can give you is (1) read the lease and understand the manner in which you must "exercise" the Option, then (2) exercise the Option in that manner (normally, with a written notification, sometimes via certified mail).... View More

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Colorado on
Q: People staying on property no leases.

Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2021

You can evict them through the formal eviction process if they will not leave upon your request.

1 Answer | Asked in Real Estate Law, Cannabis & Marijuana Law and Landlord - Tenant for Colorado on
Q: How do I protect my house from a squatter?

I have a squatter in my house invited by my daughter-in-law who is growing marijuana in their bedroom. They have changed the locks and installed a deadbolt without consulting me, the owner. It is in a tent with lights and a fan hooked to a extension cord and I'm worried about a fire while... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2021

Outside of cutting off utilities, you will need a competent attorney to file an Eviction Suit to remove the unwanted occupant. It will not be fun and your house will be damaged. You might open the door with a crowbar and remove contraband. But again hire an attorney. It may be necessary to evict... View More

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Colorado on
Q: Can I pick up my stuff from shared yard with permission from the neighbors at ex boyfriends place where I used to live?

I was in a relationship that turned abusive and controlling in the last couple of years out of seven total. The last two of them with him in a duplex, with neighbors on top and us on bottom. The front/backyard was shared with separate front doors to each unit, shared back door to yard. I moved out... View More

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2021

I am sorry to hear about your situation. it all depends on what the protection order says.

2 Answers | Asked in Divorce and Landlord - Tenant for Colorado on
Q: My ex-husband and I were separated when we signed a lease. Are we equally responsible for early termination fees?

We signed a lease together in Boulder, CO while separated. We decided to terminate our lease early while separated and before the divorce judgment was filed in California. We each paid half of the early termination fee. His CA Attorney is claiming that since we were separated, the money my ex... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 3, 2020

I do not see this as "spousal support". It may depend on the exact wording of your order for support. You should consult with a lawyer about this.

View More Answers

2 Answers | Asked in Real Estate Law, Agricultural Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: What should I do to stop them & keep them from continuing to use my land/barn? What do I do about the solar panels?

I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn.

Donald C Eby
Donald C Eby
answered on Nov 30, 2020

It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an... View More

View More Answers

2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Landlord - Tenant for Colorado on
Q: If you are renting from a landlord, and they have a "no guns" clause in their lease contract. What are some punishments?

I would love to know if their is a law against having a gun in an apartment complex that is private and has a no gun clause in the lease agreement. Are there any defense for having/using a gun (maybe not even firing it, but just drawing it to protect yourself/property/others in trouble). Would love... View More

Sean Maye
Sean Maye
answered on Nov 25, 2020

I am not aware of any state laws that prohibit weapons in private residential complexes. That said, I find it highly unlikely given that the 2nd Amendment is a federal constitutional right - subject obvious regulation. There are defenses to having/using a gun but the defenses are very... View More

View More Answers

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.