Colorado Landlord - Tenant Questions & Answers

Q: Can I get out of a lease and save a few months' rent if the landlord is selling the house from under me?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Answered on Jul 19, 2016

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.
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Q: lease says paid in full from july 2015 to july 31st 2016..landlord is trying to make me pay last month

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jul 19, 2016

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.
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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

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

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....
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Q: Hi, my wife and I resigned our lease in May of this year, even though our lease was not up until July 31st.

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Answered on Jun 30, 2016

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...
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Q: what makes a property abandoned after a lease expires

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jun 24, 2016

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.
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Q: Can a landlord do a demand for compliance after he has filed a notice of dismissal without prejudice?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jun 23, 2016

Yes, the landlord can attempt to correct improper paperwork and procedures.
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Q: How hard is it to get a tenant evicted if you have stated cause?

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

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 )
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Q: I need an Emotional Support Animal, but my landlord has a "no pets" policy, can they deny me reasonable accommodation?

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

As a general rule, provided that you have proper documentation for the need of the dog, you are covered under the Americans with Disabilities Act. Landlords have some limited exceptions when accommodations become unreasonable. You may want to contact the ACLU or Metro Volunteer Lawyers.
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Q: Commercial property purchased with a renter on a month to month. Lease transferred at purchase. He will not pay

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jun 19, 2016

You will need to follow the stated procedures. At the eviction proceeding you can seek additional funds for the cost of moving large equipment.
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Q: Am I responsible for damages after move out date?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jun 19, 2016

You will need to contact an attorney. The issue here, is when and how the damage occurred to the sprinkler system.
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Q: I rented a house for almost 10 years. My landlord showed up on June 4 and asked that we be out by the 5th. I grabbed wh

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jun 19, 2016

Your landlord cannot force you to leave without notice (even if you were not paying). You can be required to clean or be fined. If a small claims is filed it is problematic for the landlord because it appears the informal eviction was improper. You may want to contact an attorney.
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Q: In FSBO situation where you are selling a home to your current tenants (in Colorado), do I need a lawyer/RE 4 contract?

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Colorado on
Answered on Jun 19, 2016

Contact a real estate attorney.
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Q: Can I be evicted without cause?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jun 19, 2016

Without more information it is hard to answer your questions. As a general rule, the eviction proceeding is contingent on a cause, but you do not necessarily need to be informed of the cause until you are served.
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Q: Mngmt wont talk to me,not responding and/or answering questions about extra charges. Now a demand for rent.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jun 19, 2016

There is a lot here. As a general rule, a tenant must pay all bills (and late fees), even if a roommate disappears. If you paid, make sure that you have documentation (bank statements, cancelled checks, etc.). If management moves towards eviction, you can counter their claims with evidence of payment, etc. I cannot comment on the discrimination issue.
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Q: Is it illegal to move tenants into a house infested with bed bugs.

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

It appears that you have a case of constructive eviction (that is the place is not fit for habitation). Contact the landlord to see if they will fix the problem. If they do not fix the problem within approximately 2 weeks you have various options ranging from: terminating the lease, correcting the problem and reducing rent payments or staying. Depending on the reaction of the landlord you may want to consult with a lawyer--free to low costs services can be found here:...
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Q: What rights to I have if my landlord has let our old lease expire and has not provided the new one with a much higher $?

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

I can see why you do not feel comfortable with a month to month lease. In this situation your landlord is functionally continuing the lease for 1 month. If the landlord chooses to end the lease, you MUST receive a fully months prior notice from the due date of the monthly lease payments (the landlord CANNOT force you out earlier--even via eviction). As for forcing a lease contract, you cannot do anything except leave (after providing 1 months notice).
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Q: Ia it legal for a landlord to demand next month's rent to be paid before the 1st?

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

Check your lease agreement. If the lease agreement does not require payment before the 1st, you arguably are not required to pay prior to the 1st of the month (and are not in default if you don't pay). Be aware that special circumstances can be a factor for a one time change (e.g. the 1st falls on a weekend, etc.). Also be aware that not paying early will likely sour relations with your landlord...
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Q: Can my landlord ask me to move out in 30 days because he wants to live on the property without written notice

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on May 11, 2016

If you have a lease, then you cannot be given notice to quit unless the lease has expired. If there is no lease agreement, then the case gets complicated. Normally, a court order is required to leave (eviction); private parties can agree to terminate a lease early or leave, but you are not required to agree. In all cases written notice is required--unless the lease term is expiring and the landlord simply chooses to not offer a lease renewal... Contact a lawyer if you feel something...
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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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