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We got a reconciliation with amounts withheld much higher than expected, and the numbers are all even and round. We do not feel like this is the actual amount paid for any damages that he claims are beyond “normal wear and tear”
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answered on Oct 12, 2022
There are very strict requirements around security deposits. I encourage you to reach out to an attorney. If a security deposit is wrongfully withheld if may subject the landlord to treble damages plus attorney fees and cost. Like I said, it does not hurt to talk to an attorney.
Please be... View More 
After closing on the condo the HOA levied a special assessment for $6,000 for roof repairs. The seller provided HOA meeting minutes that mentioned the hail damage but said it would be repaired by the end of the month prior to closing. The seller did not disclose anything relating to roof damage... View More
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answered on Oct 12, 2022
It could be an issue if the buyer knew about the damage, knew it would not be repaired prior to closing, and failed to disclose it.
You will most likely need an attorney to determine if this qualifies as a breach of contract.
Please be aware that any answer is based on all the... View More
Or are there rights protecting me
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answered on Oct 12, 2022
If you have stayed on the property as a guest, it is considered a license. A license can be revoked meaning that you can be evicted. Due to the duration of time, you may even be a tenant. But a tenant without a written lease that is provided with a notice to quit may also be evicted. I would... View 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... View More
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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... View 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... View More
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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... View More
health regulations. Is he still entitled to get his deposit back
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answered on Oct 3, 2022
It is very possible. The security deposit can often be used to repair damages caused by the Tenant. This all depends on the lease. The landlord may not be entitled to keep the security deposits just because the building has been condemned. More information such as the amount of damage caused by the... View More
I had a sizable condo fire, and it was determined that it was the HOAs insurance policy that should make the repairs (not due to fault but bylaws- both parties agree). Suddenly, my HOA changed ownership a few weeks after the fire to a new company. Now the old HOA is saying that it is no longer... View More
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answered on Sep 26, 2022
Sorry to give generic information but you should look into an attorney to sort everything out.
In addition, it may be worth taking the time to dig through your home owners documents for the insurance declaration and trying to make a claim directly with the insurance companies. If... View More
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answered on Sep 19, 2022
Well, that depends on your personal preferences. I personally like my broker only acting in my best interest but acknowledge there are times where it is appropriate for the broker to help both sides. A transactional broker acts more as a neutral 3rd party helping both sides in a transaction.... View More
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answered on Sep 16, 2022
Afternoon,
these types of questions are often handled in probate. If your name was not on the deed as Joint Tenants, you will need something in the public record to show that you own the property. If I recall, the executor of the estate typically has some authority over the matter but this... View More
this is a revocable trust however it says only irreevocable trusts must be registered with the county
answered on Sep 15, 2022
Your revocable trust does not need to be recorded or registered anywhere. There used to be a statute, that has since been revoked, that required irrevocable trusts to be recorded. This is no longer a requirement.
Upon a Trustors death, during administration, there may be a need to file the... View More
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answered on Sep 14, 2022
I think that would partially depend on if negligence was involved, who the easement was granted to, associated contracts and covenants, and so on.
I hate to say it but more info would be needed. You should reach out to an attorney to discuss.
Please be aware that any answer is... View More
want to know, if I have a chance to keep my pergola as it is (oil-based stain on rough hewn cedar) when there is nothing in the written community guidelines saying that it has to be any specific color other than 'complementary' to the home? The source of contention is there are no... View More
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answered on Sep 7, 2022
I would check under the painting/ maintenance section of the HOA's design requirements. Allot of these HOAs do not require approval if no changes are made. For example, my HOA does not require any type of approval to paint the exterior of the house if you use the same colors.
If you... View More
This is a real estate home purchase contract in Colorado. The seller states they had a death in the family and now need to stay and keep their house. We, being kind people, agreed if they provide payment for expenses we have incurred. If we find out he lied and sells to someone else for more, is it... View More
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answered on Aug 30, 2022
Afternoon,
The concept of fraud revolves around the intent to deceive.
The test is rather complex but in general, if a seller lies about the specific subject matter to induce you to take a specific action that you otherwise would not have taken, it could be fraud. You need to talk... View More
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answered on Aug 26, 2022
This is a complex question. You should contact an attorney.
If you own a property, you have a right to fence it provided you do not run afoul of any covenants, HOA, zoning, ordinances, and/or other laws. In certain rural areas in Colorado, you may be required to fence it.
The... View More
I am the owner of the servient estate which has an easement for ingress/egress. The owner of the dominant estate plans on bringing in surveyors to stake the easement, and then an excavation company to re-grade an unpermitted road on the easement. Do I have the right to require the dominant estate... View More
answered on Jun 21, 2022
You definitely have rights. An easement does not give the owner of the dominant estate unilateral authority nor does he have the right to work outside of the permitting process. If you are not able to have a reasonable conversation with this party you should get an attorney involved to assist you... View More
We do
answered on Jun 16, 2022
The other attorneys are correct. You need to file into the probate estate. Depending on when this occurred you may need to act immediately in order to preserve the estate. In other words, you need to act quickly before your sister spends any proceeds from the sale of the house.
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answered on May 18, 2022
You will need to hire a competent CO attorney to figure out what the applicable SOL is, as different causes of actions have different SOLs. Despite numerous postings, noone has responded because your question is incomplete. Call one of the CO lawyers listed here on Justia, whom I have noticed... View More
my sister and I inherited the family business she has never treated me as a partner we have rental units I have been fired from the family business that I have been involved for 50 years At this point I wander is my sister up to the challenge of running our business she has saver medical issues
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answered on Apr 8, 2022
Dissolution of the Partnership could be an effective action. If land is involved, a Partition Action might lie. Hire a competent CO attorney to examine the case and file suit.
The business has no other assets sales or income.
answered on Mar 31, 2022
Holding a raffle in Colorado is a regulated activity and requires a license issued by the Charitable Gaming Section of the Secretary of State’s office. A raffle can only be conducted by a legitimate, registered charity with an active non-profit registration in Colorado. In fact, the charity must... View More
Is that contract still valid?
answered on Mar 3, 2022
Dear Inherited Property Owner: You asked if predecessor's contract for services (in this instance Property Management Services) is binding upon the heirs. The only way to answer this question is to examine the underlying contract entered into by your predecessors. If there is no contract,... View More
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