Colorado Landlord - Tenant Questions & Answers
Q: My son is 17 and just dropped out of high school. He has a job. Can I legally charge him rent to stay in our home?
1 Answer
| Asked
in
Juvenile Law, Family Law and Landlord - Tenant
for
Colorado
on
Answered on Sep 16, 2016
Answered on Sep 16, 2016
Tristan Kenyon Schultz's answer
What you are proposing is something of a grey area. Charging rent from a minor (who you have a legal obligation to support) is moving dangerously close to child neglect. There are also significant issues related to the violability of nearly all contract with unemancipated minors. Tread very cautiously...
What you are proposing is something of a grey area. Charging rent from a minor (who you have a legal obligation to support) is moving dangerously close to child neglect. There are also significant issues related to the violability of nearly all contract with unemancipated minors. Tread very cautiously...
Q: Can a new landlord make us pay back rent in a previous lease of a previous landlord?
Tristan Kenyon Schultz's answer
If you have proof that there is no money due, notify the new landlord. The landlord should accept this. If not, the landlord can pursue collections, but you have the proof as a defense (and presumably should win). If there is a new lease offer, you are not required to accept it. Note: the prior lease is still valid until it expires per the lease agreement (and the death of the landlord does NOT terminate the old lease). Here is a link to free/low cost legal assistance (if you need it):...
If you have proof that there is no money due, notify the new landlord. The landlord should accept this. If not, the landlord can pursue collections, but you have the proof as a defense (and presumably should win). If there is a new lease offer, you are not required to accept it. Note: the prior lease is still valid until it expires per the lease agreement (and the death of the landlord does NOT terminate the old lease). Here is a link to free/low cost legal assistance (if you need it):...
Q: Can a new landlord to my rental charge me for back rent from the previous landlord?
Tristan Kenyon Schultz's answer
It is possible. More information is needed. If the assessment is correct, then likely yes. If the assessment is incorrect, then the new landlord needs to provide documentation.
It is possible. More information is needed. If the assessment is correct, then likely yes. If the assessment is incorrect, then the new landlord needs to provide documentation.
Q: What is the timeline for a landlord to make repairs to my rental. This is day 3 I cannot use shower, toilet or kitchen
Tristan Kenyon Schultz's answer
The statute does not provide a firm time line beyond "reasonable" (i.e. it depends on the situation). If we are talking about running water, I would assume that a 1 week is the maximum time allowable. If there is a pattern, you can pursue court action for constructive eviction.
The statute does not provide a firm time line beyond "reasonable" (i.e. it depends on the situation). If we are talking about running water, I would assume that a 1 week is the maximum time allowable. If there is a pattern, you can pursue court action for constructive eviction.
Q: if I move out and felt I cleaned and had home same condition as when moved in.
Tristan Kenyon Schultz's answer
Check with your lease agreement. Most lease agreements allow self-repair for minor issues provided that you still have access to the property.
Check with your lease agreement. Most lease agreements allow self-repair for minor issues provided that you still have access to the property.
Q: moved out after 2 yearsz landlord assuming property to live in
Tristan Kenyon Schultz's answer
Review your lease agreement. As a general rule tenants are required to return the rental in the same condition when you took possession MINUS normal wear and tear. Whether or not the repainting is sufficient is a factual determination that only a judge can make. I think you are saying the repainting peeled off. If this is the case, you likely are responsible for correcting the problem (however, without all the facts I cannot say for sure).
Review your lease agreement. As a general rule tenants are required to return the rental in the same condition when you took possession MINUS normal wear and tear. Whether or not the repainting is sufficient is a factual determination that only a judge can make. I think you are saying the repainting peeled off. If this is the case, you likely are responsible for correcting the problem (however, without all the facts I cannot say for sure).
Q: Rv park eviction
Tristan Kenyon Schultz's answer
The amount of protection that you receive is partially defined by the nature and use of the park. If you are temporarily living there (more like a hotel/motel) an one week eviction notice may be reasonable. If you are permanently living there (i.e. living without interruption for several months or more), then the space rental is more akin to a normal apartment in which at least one month notice is required. As for oral versus written notification, the issue turns on how the landlord proceeds....
The amount of protection that you receive is partially defined by the nature and use of the park. If you are temporarily living there (more like a hotel/motel) an one week eviction notice may be reasonable. If you are permanently living there (i.e. living without interruption for several months or more), then the space rental is more akin to a normal apartment in which at least one month notice is required. As for oral versus written notification, the issue turns on how the landlord proceeds....
Q: I lived in an apartment for 2 years when I moved after 3 weeks they sent me an email saying I have to pay 1130 dollars
Tristan Kenyon Schultz's answer
Without knowing all the facts I cannot make a definitive statement. However, 2 days notice (without any prior notice) is arguably unreasonably too short. As for reporting, there is not a state agency that oversees landlord tenant disputes directly. You can contact the Colorado Attorney General's Office. Your resources might be better spent contacting a local attorney and preparing for litigation in the event collection occurs.
Without knowing all the facts I cannot make a definitive statement. However, 2 days notice (without any prior notice) is arguably unreasonably too short. As for reporting, there is not a state agency that oversees landlord tenant disputes directly. You can contact the Colorado Attorney General's Office. Your resources might be better spent contacting a local attorney and preparing for litigation in the event collection occurs.
Q: I rented a apartment directly from the owner,I was later hired to do a huge landscape project on another property(it
Tristan Kenyon Schultz's answer
It appears that you have a claim, but you have a complex claim. You will probably need a lawyer. Free to low cost services can be found at this link: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html . You may want to also try low cost services offered by your local bar association.
It appears that you have a claim, but you have a complex claim. You will probably need a lawyer. Free to low cost services can be found at this link: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html . You may want to also try low cost services offered by your local bar association.
Q: My fiance & I rented a mobilehome w/the owners without a contract or written one and this place is UN-Livable!!
Tristan Kenyon Schultz's answer
It appears that you have a claim for constructive eviction due to an uninhabitable rental. You can seek a court action to leave or self-fix the problem. If you only have an oral agreement default state rules apply, so you may want to consider simply terminating the lease (with proper notice). You may need to contact a lawyer for assistance. Free to low cost attorneys can be found at this link: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html .
It appears that you have a claim for constructive eviction due to an uninhabitable rental. You can seek a court action to leave or self-fix the problem. If you only have an oral agreement default state rules apply, so you may want to consider simply terminating the lease (with proper notice). You may need to contact a lawyer for assistance. Free to low cost attorneys can be found at this link: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html .
Q: Amount of notice required to exit a month-to-month lease?
Tristan Kenyon Schultz's answer
As a general rule, a lease agreement can trump most provision of the Colorado Revised Statutes (the sections that cannot be contractually limited will say so in the statute itself). The 60 day requirement is tied to the 12-mo lease, so it appears that you will be a hold-over tenant (month to month) for 2 months. You can challenge this clause in court that 60 days is unreasonably too long (most usually require 30 days), but the claim not that strong. Contact a lawyer for advice for your specific...
As a general rule, a lease agreement can trump most provision of the Colorado Revised Statutes (the sections that cannot be contractually limited will say so in the statute itself). The 60 day requirement is tied to the 12-mo lease, so it appears that you will be a hold-over tenant (month to month) for 2 months. You can challenge this clause in court that 60 days is unreasonably too long (most usually require 30 days), but the claim not that strong. Contact a lawyer for advice for your specific...
Q: Can a tennant withhold rent if there is vermin in the unit? Do landlords need to appraise their property?
Tristan Kenyon Schultz's answer
Colorado in limited circumstances allows a tenant to without a portion of their rent to cover the cost of extermination. As a general rule, the infestation must be so severe that the apartment is uninhabitable or near-uninhabitable AND the landlord has required notice of the problem and refuses to correct the problem after a reasonable period of time. Be aware, unless all the statutory requirements are met, it is possible for the landlord to seek damages against the tenant. Before any action is...
Colorado in limited circumstances allows a tenant to without a portion of their rent to cover the cost of extermination. As a general rule, the infestation must be so severe that the apartment is uninhabitable or near-uninhabitable AND the landlord has required notice of the problem and refuses to correct the problem after a reasonable period of time. Be aware, unless all the statutory requirements are met, it is possible for the landlord to seek damages against the tenant. Before any action is...
Q: Are we required to offer a 30 day notice after receiving a non-renewal notice?
Tristan Kenyon Schultz's answer
Review your lease agreement for the details. As a general rule, tenants are not required to provide notice of non-renewal UNLESS the lease agreement requires notice. You are correct that the landlord is taking two inconsistent positions--if you vacate per a landlord request, a tenant should not pay rent for a month after vacation OR you pay rent for one more month and the vacate notice is nullity. You may need to contact a lawyer. Free to low-cost services can be found at this link:...
Review your lease agreement for the details. As a general rule, tenants are not required to provide notice of non-renewal UNLESS the lease agreement requires notice. You are correct that the landlord is taking two inconsistent positions--if you vacate per a landlord request, a tenant should not pay rent for a month after vacation OR you pay rent for one more month and the vacate notice is nullity. You may need to contact a lawyer. Free to low-cost services can be found at this link:...
Q: Can I get out of a lease and save a few months' rent if the landlord is selling the house from under me?
Tristan Kenyon Schultz's answer
Review your lease to seek what (if any) conditions allow you to terminate the lease. Note, if you signed a lease with a fixed term (e.g. 1 year), the landlord CANNOT evict you from the rental (but can change ownership on the deed) until the lease term expires. If the sale does occur, you are still required to pay rent and follow the terms of the lease.
Review your lease to seek what (if any) conditions allow you to terminate the lease. Note, if you signed a lease with a fixed term (e.g. 1 year), the landlord CANNOT evict you from the rental (but can change ownership on the deed) until the lease term expires. If the sale does occur, you are still required to pay rent and follow the terms of the lease.
Q: lease says paid in full from july 2015 to july 31st 2016..landlord is trying to make me pay last month
Tristan Kenyon Schultz's answer
As a general rule, the lease agreement controls over a mistake by a party (the landlord). Combined with the relative bargaining power favoring the landlord, it is unlikely that a mistake by the landlord of a rent payment is legally binding on a tenant. Note, the landlord can still sue you, but the landlord's claim appears very weak from you facts.
As a general rule, the lease agreement controls over a mistake by a party (the landlord). Combined with the relative bargaining power favoring the landlord, it is unlikely that a mistake by the landlord of a rent payment is legally binding on a tenant. Note, the landlord can still sue you, but the landlord's claim appears very weak from you facts.
Q: we have a lease on a house tha has one more yeaer to go and now our ladlady wants us to she ciaims she can do this
Tristan Kenyon Schultz's answer
Assuming that the lease is still valid and you are current with your payments, the landlord cannot force you to leave. She can incentivize (usually cash payments) to terminate early, but it is against the law for a landlord to unilaterally terminate a lease without court approval (a court will not grant approval unless there is non-payment, abandonment or the tenant is SEVERLY damaging the property). A desire to sell is NOT a valid reason to terminate a lease. You may want to contact a lawyer....
Assuming that the lease is still valid and you are current with your payments, the landlord cannot force you to leave. She can incentivize (usually cash payments) to terminate early, but it is against the law for a landlord to unilaterally terminate a lease without court approval (a court will not grant approval unless there is non-payment, abandonment or the tenant is SEVERLY damaging the property). A desire to sell is NOT a valid reason to terminate a lease. You may want to contact a lawyer....
Q: Hi, my wife and I resigned our lease in May of this year, even though our lease was not up until July 31st.
Tristan Kenyon Schultz's answer
Review your lease agreement. From your facts, you attempted to terminate the lease early. It appears the landlord accepted the early termination, but requires reduced rents and extra fees until the property is released. If this is correct, the landlord can likely do this based on default Colorado laws, BUT you should review the lease agreement for early termination provisions because the default rules can be (and usually are) modified in lease agreements. You may want to consider contacting an...
Review your lease agreement. From your facts, you attempted to terminate the lease early. It appears the landlord accepted the early termination, but requires reduced rents and extra fees until the property is released. If this is correct, the landlord can likely do this based on default Colorado laws, BUT you should review the lease agreement for early termination provisions because the default rules can be (and usually are) modified in lease agreements. You may want to consider contacting an...
Q: what makes a property abandoned after a lease expires
Tristan Kenyon Schultz's answer
Proving abandonment is defined by statute and is rather difficult to prove (abandonment is proven by facts and circumstances of the case). Since the lease is so close to expiring, you may want to consider waiting until the lease expires. Contact an attorney for specific guidance. Be aware, the lack of water is a factor that is considered for abandonment, but is not dispositive (proves) of abandonment.
Proving abandonment is defined by statute and is rather difficult to prove (abandonment is proven by facts and circumstances of the case). Since the lease is so close to expiring, you may want to consider waiting until the lease expires. Contact an attorney for specific guidance. Be aware, the lack of water is a factor that is considered for abandonment, but is not dispositive (proves) of abandonment.
Q: Can a landlord do a demand for compliance after he has filed a notice of dismissal without prejudice?
Tristan Kenyon Schultz's answer
Yes, the landlord can attempt to correct improper paperwork and procedures.
Yes, the landlord can attempt to correct improper paperwork and procedures.
Q: How hard is it to get a tenant evicted if you have stated cause?
Tristan Kenyon Schultz's answer
It is not especially difficult for a lawyer; for a non-lawyer the process is not terrible, but you will need to spend some time educating yourself. The trick is to NOT try to be sneaky (this applies for non-lawyers and lawyers too). Try the Colorado Courts webpage (link: http://www.intotolegal.com/upcoming%20Events/Forms.html )
It is not especially difficult for a lawyer; for a non-lawyer the process is not terrible, but you will need to spend some time educating yourself. The trick is to NOT try to be sneaky (this applies for non-lawyers and lawyers too). Try the Colorado Courts webpage (link: http://www.intotolegal.com/upcoming%20Events/Forms.html )
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.