Colorado Landlord - Tenant Questions & Answers

Q: My adult daughter is abusive and we need her to move out of the house - what are my rights? She does not pay rent.

1 Answer | Asked in Family Law, Criminal Law and Landlord - Tenant for Colorado on
Answered on Apr 28, 2016

You can seek a temporary protective order to remove her from the home. You can file for eviction with 30 days notice. The grey area relates to simply changing the locks--it is possible, but facts specific (mostly related to whether a lease/payment existed).
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Q: My landlord hasn't cashed my money orders, but they are taking me to court to try and evict me.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Apr 28, 2016

Proof of the money orders is acceptable. The landlord can reject the payments if the landlord feels a violation of the lease term has occurred. You can challenge this in court if you can show your compliance. Bring all evidence that you have to court and prepare a reply to the eviction petition that you will eventually receive.
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Q: My landlord hasnt paid mortgage house in foreclosure. Can I stay in home after house auctioned?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Colorado on
Answered on Apr 12, 2016

The lender and subsequent purchaser cannot lawfully evict a tenant or change the terms of a pre-existing lease from the property. The new owner(s) can either (1) refuse to renew your lease or (2) offer to buy you out early. If the lender tries to force you out via letters and/or changing the locks contact a lawyer (this is serious violation of the law and entitles you to attorney's fees and punitive damages). Pro bono lawyers are available at this link:...
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Q: Can my landlord prohibit me from installing motion sensors on my vehicle?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Apr 9, 2016

This is somewhat a grey area: a landlord can reasonably restrict the actions of tenant in common areas (i.e. a parking lot) and occasionally in private areas (usually if it unreasonably and negatively impacts other tenants). If there is no alarm (or other possible means of disturbing other tenants) the grounds that the restriction is to preserve the "quite enjoyment" of all tenants appears to be without merit (as you have noted). If the anti-theft devices are attached to the car, the sensors...
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Q: Is it legal for a landlord to post a 3 day demand on a tenants door n evict them if the tenant never gt the notice

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 5, 2016

Posting the demand on the door is considered notice (personal service is not generally required for landlord-tenant issues).
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Q: Can I sue a landlord that illegally (proven) evicted the tenant who was holding my property for damages (amount of loss)

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 2, 2016

From the sounds of it your friend was acting as bailee (a person holding another's property). The bailee owes you (the owner of the property) a duty of care. This would include preventing a eviction (lawful or not) in which your property is lost AND pursuing legal actions to recover your property. In short you may have a cause of action against your friend. As for the landlord, you would likely be classified as a third-party beneficiary to the eviction challenge. It is possible that if the...
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Q: can a landlord lock up my business and rent it out with all my belongings in it with out me ever being evicted,

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 18, 2016

No your landlord cannot lock you out without notice of eviction. Your landlord also cannot rent out or not protect your property under any circumstances (even if you are behind on rent). You can pursue civil damages (via small claims or regular court with a lawyer) and probably can pursue criminal charges. Due to your landlord's violations you should receive compensation for court costs and attorney's fees. I recommend that you contact a lawyer--most offer free consultations.
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Q: In colorado and eviction hearing can you promise to make payments to catch up on rent and not get kicked out.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 20, 2016

If the eviction hearing is due to unpaid rent, then your offers to repay would only be accepted if either (1) the landlord accepts or (2) the court feels the eviction is improper or creates undue hardship. You can certainly make the offer to repay, but neither the landlord nor the court is required to accept your offer. Note, if you can provide the full deficiency amount (cash in hand) prior to the hearing date you probably can prevent the eviction.
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Q: I have been living in a property for over a year. How much notice does my landlord have to provide me to move?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 16, 2016

You currently have a tenancy at sufferance (a holdover tenant). The landlord can terminate the lease for any legal reason provided that notice is given. The default for notice is usually 30 days. You can challenge the termination. Proving discrimination is difficult, but not impossible (esp. if you are a protected class--minority or gender bias). Challenging the termination can delay your departure, but presents risks of wasted time and money... Since money is clearly an issue, here is a link...
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Q: The apartment complex I lived in was awful. The door lock broke and I was trapped in my unit. Maintenance didn't show

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 6, 2016

You may have a claim for constructive eviction. At this point, you need to document that pitbull exists and that the apartment's disrepair results in an unsafe condition AND that requests for repair are not promptly acted upon. There is no bright line test to prove either of these points, so you need to document (as best you can) that the owner is acting unreasonably. When you have this information you can formally request that your lease be voided and the security deposit returned. If the...
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Q: Can my landlord change my move out date to stay within the 60 day security deposit return?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 4, 2016

This is a trick. If you cash the check you are accepting the move-out date of 10/31. Unless the check fully satisfies your claim, you may want to wait until the actual court hearing.
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Q: Do i still owe if i broke a lease and the apts has changed owners

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Dec 15, 2015

See my prior answer. You will still have to pay. If you pay the new owner make sure to have a written and signed document stating that they assumed collection on the rent. If you don't there is a possibility the old owner will sue for the back rent--even if you paid the new owner.
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Q: If i owe for a broken lease and the apartments are taken over by someone else do i still owe

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Dec 15, 2015

Who broke the lease? If we are referring to past due rent, then the new owner very likely assumed the claim. There should be a mention of "assignment" in your lease agreement.
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Q: My landlord is refusing to respond to me about my security deposit, what do I need to do now?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Dec 6, 2015

Yes, you can and should sue your landlord. If your deposit is under $7,500 you can use small claims court (better for non-lawyers). Finding your landlord may be a problem (as it appears he is in financial distress), but you or a private investigator can find him. Here is a link to the Co courts which outlines filing for small claims court (click on "judicial branch") http://www.intotolegal.com/upcoming%20Events/Forms.html . Here is a also a link for free/low cost legal services (hiring a...
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Q: my question is about security deposit for apartment rentals

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Dec 2, 2015

The Colorado Revised Statutes generally do count weekends and many holidays, unless the statute expressly states otherwise. That said, most lawyers wait a week or two after a cut-off date to be sure that an incorrect calculation does not result in dismissal of a claim/suit.
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Q: Should I sign a renewal lease that is dated 40 days after the date it was given to me? Can they charge me after the fac

2 Answers | Asked in Landlord - Tenant for Colorado on
Answered on Nov 10, 2015

We can't tell you what your rights may be without reviewing the document and all pertinent circumstances. Obviously you should talk to a lawyer in your state before you sign. It may be good to scratch out the printed date and write in the date on which you actually sign, but again, get legal advice first.
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Q: Am i able to file a claim in small claims court on a former tenant if i do not know his current address?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Nov 8, 2015

You should be able to do that. You will need to find the ex-tenant, however, so that he can be served with process.
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Q: I have rented a storage parking spaces they are evicting me can they just post the court date on my space to notafie me

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Nov 4, 2015

Your landlord is required to give you notice and notice can occur via several means. Usually, notice must be posted on the front door of the apartment if it is not handed to you personally. However, the fact you received the eviction means the notice is probably valid. The only exception is if you discovered the notice say the day before the court date--then you could challenge the notice. Also note, a defective notice delays the court appearance date, it does NOT present a defense to an...
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Q: So I just resistered my cat as a NSAR Emotional Support Aminal and I have the paper to prove it, but ...

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 27, 2015

If you have complete and full documentation for the cat (based on the ADA), the Fair Housing Act (FHA) would allow you to have the cat. There are a few FHA exceptions which might allow a landlord to deny the cat (primarily based on unreasonable accommodations). You have a strong bargaining position. Incidentally, if the landlord prevents you from living there with the cat, the landlord has arguably constructively evicted you from your apartment. Both the ADA and FHA have special damage awards...
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Q: My friends apartment building requires proof of identification and signing in, prior to entry of visitors/guests. Legal?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 13, 2015
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