Colorado Landlord - Tenant Questions & Answers
Q: My 20 year old son lives in a bottom floor apt. Sump pump backed up and he has to move. His renters insurance says no
Tristan Kenyon Schultz's answer
The complex is required to repair the problem within a reasonable period of time. If the water damage is too great, this may be grounds for constructive eviction.
The complex is required to repair the problem within a reasonable period of time. If the water damage is too great, this may be grounds for constructive eviction.
Q: If I'm renting with a verbal agreement on the amount of rent. And the owner of the property asks me to move out.
Tristan Kenyon Schultz's answer
If you pay rent and the landlord accepts the rent, you are a month-to-month tenant and have effectively continued the lease for one month. This can continue indefinitely, provided the tenant keeps paying and the landlord keeps accepting payment. The landlord is not required to accept payment and may refuse. In these situations it is usually better to contact the landlord prior to the hold-over event.
If you pay rent and the landlord accepts the rent, you are a month-to-month tenant and have effectively continued the lease for one month. This can continue indefinitely, provided the tenant keeps paying and the landlord keeps accepting payment. The landlord is not required to accept payment and may refuse. In these situations it is usually better to contact the landlord prior to the hold-over event.
Q: My apt. I building in Boulder is converting to condos. if I want to continue to rent, can they evict me?.
Tristan Kenyon Schultz's answer
The landlord cannot terminate the lease early without tenant consent (or vice versa). The landlord (or the tenant) can choose to not renew the lease provided that notice is provide prior to the non-renewal. It other words, it sounds like the landlord is following the law. You can contact the landlord about staying longer, but this is not something required by law. Colorado expressly does not aloow rent control or other renter-favorable laws that are found in some urban areas outside of Colorado.
The landlord cannot terminate the lease early without tenant consent (or vice versa). The landlord (or the tenant) can choose to not renew the lease provided that notice is provide prior to the non-renewal. It other words, it sounds like the landlord is following the law. You can contact the landlord about staying longer, but this is not something required by law. Colorado expressly does not aloow rent control or other renter-favorable laws that are found in some urban areas outside of Colorado.
Q: If I cannot afford to pay my rent, would my credit score be affected even though I have a co-signer?
1 Answer
| Asked
in
Consumer Law, Contracts, Collections and Landlord - Tenant
for
Colorado
on
Answered on May 18, 2017
Answered on May 18, 2017
Tristan Kenyon Schultz's answer
Any non-payment (when reported) will negatively impact your credit score, just like any payment on time will beneficially impact your score. If the rent is paid (it does not matter who paid it) there should be nothing to report. If there is a non-payment, this can be reported. It is a wholly different issue whether a landlord chooses to report the default.
Any non-payment (when reported) will negatively impact your credit score, just like any payment on time will beneficially impact your score. If the rent is paid (it does not matter who paid it) there should be nothing to report. If there is a non-payment, this can be reported. It is a wholly different issue whether a landlord chooses to report the default.
Q: Landlord says I have to notify everytime the house will be empty, even just for one night. Is that excessive?
Tristan Kenyon Schultz's answer
This is pushing the limits of reasonability. A lease agreement can attach restrictive conditions like the ones you mentioned, but you are not required to accept. These conditions are very unusual for a lease agreement. It is your decision, but these conditions seem to establish a pattern of excessive interest and control. Some landlords seem to take the lord part a little too literally...
This is pushing the limits of reasonability. A lease agreement can attach restrictive conditions like the ones you mentioned, but you are not required to accept. These conditions are very unusual for a lease agreement. It is your decision, but these conditions seem to establish a pattern of excessive interest and control. Some landlords seem to take the lord part a little too literally...
Q: Landlord says I have to notify everytime the house will be empty, even just for one night. Is that excessive?
Tristan Kenyon Schultz's answer
This is pushing the limits of reasonability. A lease agreement can attach restrictive conditions like the ones you mentioned, but you are not required to accept. These conditions are very unusual for a lease agreement. It is your decision, but these conditions seem to establish a pattern of excessive interest and control. Some landlords seem to take the lord part a little too literally...
This is pushing the limits of reasonability. A lease agreement can attach restrictive conditions like the ones you mentioned, but you are not required to accept. These conditions are very unusual for a lease agreement. It is your decision, but these conditions seem to establish a pattern of excessive interest and control. Some landlords seem to take the lord part a little too literally...
Q: I'm withholding rent due to not having windows in my house He then gave me an Eviction to pay or quit What are my rights
Tristan Kenyon Schultz's answer
If you want to stay, you will need to pay rent. If you want to leave, you may not need to pay rent. If the landlord is seeking back rent in the eviction, you can present evidence (which is very strong) of constructive eviction via the very poor condition of the rental.
If you want to stay, you will need to pay rent. If you want to leave, you may not need to pay rent. If the landlord is seeking back rent in the eviction, you can present evidence (which is very strong) of constructive eviction via the very poor condition of the rental.
Q: if my sister let me stay for over a month and she on section 8 how long can they evicted me
1 Answer
| Asked
in
Family Law, Small Claims, Landlord - Tenant and Public Benefits
for
Colorado
on
Answered on May 7, 2017
Answered on May 7, 2017
Tristan Kenyon Schultz's answer
This is largely defined by the lease agreement. Section 8 (or a normal lease) generally prevent long-term occupancy by parties not listed on the lease agreement. The term is defined by the lease agreement. For most agreements, this is usually a month or less. That said, a lot is determined by the landlord and how aggressively (if at all) the landlord enforces this term.
This is largely defined by the lease agreement. Section 8 (or a normal lease) generally prevent long-term occupancy by parties not listed on the lease agreement. The term is defined by the lease agreement. For most agreements, this is usually a month or less. That said, a lot is determined by the landlord and how aggressively (if at all) the landlord enforces this term.
Q: I am receiving noise complaints for my pet and my landlord wants to evict me. Can I ask for a mutual rescission?
Tristan Kenyon Schultz's answer
Yes, you can always negotiate an early termination. The landlord must consent and will likely attach conditions. If an agreement is reached make sure to get the terms and agreement in writing.
Yes, you can always negotiate an early termination. The landlord must consent and will likely attach conditions. If an agreement is reached make sure to get the terms and agreement in writing.
Q: Home owned in Colorado Springs. Husband assigned to Fort Bragg. Home is leased, current lease expires 4/30/2017.
2 Answers
| Asked
in
Contracts, Real Estate Law and Landlord - Tenant
for
Colorado
on
Answered on Apr 29, 2017
Answered on Apr 29, 2017
Tristan Kenyon Schultz's answer
You can ask for the early termination provision, but the landlord has to agree to the term. The landlord is not required to agree to the early termination term, but may agree.
You can ask for the early termination provision, but the landlord has to agree to the term. The landlord is not required to agree to the early termination term, but may agree.
Q: is a landlord responsible for fixing the walls and ceilings that are cracked and paint peeling off?
Tristan Kenyon Schultz's answer
If I was to venture a guess, there is a problem with the roof (settling can--does occur--at anytime, but there is likely a correlation between rain and the sudden appearance of defect...). Structural defects aside, you have a couple choices. Option one, notify the landlord of the defect (which you already did) and wait for the fix. Option two, you can move towards terminating the lease early (note: you will have to wait for a reasonable time to pass in which repairs are not made before you can...
If I was to venture a guess, there is a problem with the roof (settling can--does occur--at anytime, but there is likely a correlation between rain and the sudden appearance of defect...). Structural defects aside, you have a couple choices. Option one, notify the landlord of the defect (which you already did) and wait for the fix. Option two, you can move towards terminating the lease early (note: you will have to wait for a reasonable time to pass in which repairs are not made before you can...
Q: I live in the state of Colorado. My landlord comes by my house weekly without notice.
Tristan Kenyon Schultz's answer
Yes, this is likely both harassment and an improper infringement of your quite enjoyment of the leasehold. While landlords are allowed to inspect the property, notice is required and barring unusual circumstances (say renovations/repairs to the home) weekly "visits" are unjustifiable. You can ask the landlord to stop. You can also argue that the excessive inspections constitutes constructive eviction (which may allow you to terminate early). While protection orders could be sought, this is...
Yes, this is likely both harassment and an improper infringement of your quite enjoyment of the leasehold. While landlords are allowed to inspect the property, notice is required and barring unusual circumstances (say renovations/repairs to the home) weekly "visits" are unjustifiable. You can ask the landlord to stop. You can also argue that the excessive inspections constitutes constructive eviction (which may allow you to terminate early). While protection orders could be sought, this is...
Q: I have a 6 no. lease that ends 4/30 but they showed me an appt. on 4/10. I told him I would take it They rented it
Tristan Kenyon Schultz's answer
Depending on the "holding" contract (which is a form of an option contract), you may qualify for a refund of the $200. The contract may allow you to force the landlord to lease the apartment to you, but be forewarned most option contracts for real estate do not require the apartment to be leased to the person who paid for the option. Contact your landlord about being a "hold-over tenant" for one month (note: you will need to pay rent) and begin the search anew.
Depending on the "holding" contract (which is a form of an option contract), you may qualify for a refund of the $200. The contract may allow you to force the landlord to lease the apartment to you, but be forewarned most option contracts for real estate do not require the apartment to be leased to the person who paid for the option. Contact your landlord about being a "hold-over tenant" for one month (note: you will need to pay rent) and begin the search anew.
Q: We moved into an apartment, it wasn't cleaned and we specifically asked for the cleaning. What can we do?
1 Answer
| Asked
in
Real Estate Law, Small Claims and Landlord - Tenant
for
Colorado
on
Answered on Apr 26, 2017
Answered on Apr 26, 2017
Tristan Kenyon Schultz's answer
You may have grounds for constructive eviction. You will need to contact a lawyer. While Colorado Legal Services and your local bar have resources for landlord-tenant issues, you may have to hire a lawyer.
You may have grounds for constructive eviction. You will need to contact a lawyer. While Colorado Legal Services and your local bar have resources for landlord-tenant issues, you may have to hire a lawyer.
Q: I have a six months. Lease Do they have to give a 30 day notice to move?
Tristan Kenyon Schultz's answer
I'm confused. Are you asking about notice to terminate a lease or are you asking about the reservation fee? Resubmit your question.
I'm confused. Are you asking about notice to terminate a lease or are you asking about the reservation fee? Resubmit your question.
Q: What happens if I don't pay for my fine nor do my community service due to not be able to get my ID
Tristan Kenyon Schultz's answer
Every case is unique, but the following will likely occur. A warrant will be issued and the sentence may be modified to require jail time. If this involved a driving offense, your license will be revoked, and the waiting period for re-application will not begin until the sentence is served.
Every case is unique, but the following will likely occur. A warrant will be issued and the sentence may be modified to require jail time. If this involved a driving offense, your license will be revoked, and the waiting period for re-application will not begin until the sentence is served.
Q: Lease stateswe will give tenants24 hours before entering, we have give them that notice, do they have the right to refu
Tristan Kenyon Schultz's answer
Justia's Q&A section cannot sanction a contextual "inspection" due to the tenants being absent for a period of time. The tenants have a right of privacy and a property right to prevent access. With some very limited exceptions, a landlord cannot enter the leasehold without consent anymore than a stranger can enter your residence without your consent. If you want a full review of your rights as a landlord, you will need to contact (and pay) for an attorney's advice.
Justia's Q&A section cannot sanction a contextual "inspection" due to the tenants being absent for a period of time. The tenants have a right of privacy and a property right to prevent access. With some very limited exceptions, a landlord cannot enter the leasehold without consent anymore than a stranger can enter your residence without your consent. If you want a full review of your rights as a landlord, you will need to contact (and pay) for an attorney's advice.
Q: If you pay a lease-break free are you completely out of your lease?
Tristan Kenyon Schultz's answer
There are two ways to view this statement. This a legally binding agreement (questionable) or this is "puffing" and unenforceable (likely the case). Review your lease. From your facts it appears that there is an early termination procedure. Follow the early termination procedure in the lease. If the landlord waives the fees, great, they lived up to their word.
If the landlord does not waive the fee, you are in a legal grey area. Usually leases have some language which voids prior...
There are two ways to view this statement. This a legally binding agreement (questionable) or this is "puffing" and unenforceable (likely the case). Review your lease. From your facts it appears that there is an early termination procedure. Follow the early termination procedure in the lease. If the landlord waives the fees, great, they lived up to their word.
If the landlord does not waive the fee, you are in a legal grey area. Usually leases have some language which voids prior...
Q: I signed a 6 month lease & landlord broke the lease 1 month in, giving me 30 days. Can I get rent & deposit back fully?
Tristan Kenyon Schultz's answer
Absent terms in the lease agreement, the landlord is proposing to breaching the terms of the lease. The landlord cannot terminate the lease (just like you cannot) provided that you are not in violation of the lease agreement (i.e. current with your rent). However, both the tenant and the landlord can mutually agree to terminate the lease early.
Arguably you should get a total refund, but the circumstances can change this (i.e. if some damage occurred). Note, you are not required to...
Absent terms in the lease agreement, the landlord is proposing to breaching the terms of the lease. The landlord cannot terminate the lease (just like you cannot) provided that you are not in violation of the lease agreement (i.e. current with your rent). However, both the tenant and the landlord can mutually agree to terminate the lease early.
Arguably you should get a total refund, but the circumstances can change this (i.e. if some damage occurred). Note, you are not required to...
Q: Hello can a landlord change a verbal agreement when there's no lease mo to mo after almost a year asking more money
Tristan Kenyon Schultz's answer
If it is month-to-month, the terms can change after one month notice. Based on your facts, it appears that notice was provided.
If it is month-to-month, the terms can change after one month notice. Based on your facts, it appears that notice was provided.
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