Colorado Landlord - Tenant Questions & Answers

Q: I rented a apartment directly from the owner,I was later hired to do a huge landscape project on another property(it

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Aug 15, 2016

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.
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Q: My fiance & I rented a mobilehome w/the owners without a contract or written one and this place is UN-Livable!!

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Answered on Aug 9, 2016

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 .
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Q: Amount of notice required to exit a month-to-month lease?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jul 30, 2016

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...
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Q: Can a tennant withhold rent if there is vermin in the unit? Do landlords need to appraise their property?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jul 30, 2016

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...
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Q: Are we required to offer a 30 day notice after receiving a non-renewal notice?

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

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:...
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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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