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Colorado Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My tenant failed to keep cistern full and burned a water pump out.

To maintain proper function of this water system, the tank needs to be kept with a adequate amount of water in it. The water pump will pressurize the system as long as there is water. If water runs out, the pump will run dry until it overheats and breaks. The water pump system was verbally... Read more »

Donald C Eby
Donald C Eby answered on Mar 26, 2020

You have a good argument, but you will likely also have the burden of proof and the Tenant may deny that they let the water reservoir run dry. You'll have to prove that the failure was caused by an overheat condition which could only occur if the reservoir was dry. This is beyond normal wear and... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Landlord is withholding some of our deposit claiming that it costs $700 to replace 3 blinds
Donald C Eby
Donald C Eby answered on Feb 19, 2020

Review the Colo Security Deposit Act...This provides an means for tenants to recover wrongfully withheld security deposit money and if the LL forces the matter to court and loses the damages may be tripled plus attorney fees.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: If a tenant signs a lease, but upon inspection of the property finds it to be disgusting, can they reject possession?

A tenant signed an agreement then inspected a college apartment that already housed several other college aged men. He found the residence to be gross and refused to move in/take possession. Can he do this? What happens to his security deposit? Is he responsible for future rent if he never took... Read more »

Donald C Eby
Donald C Eby answered on Feb 6, 2020

A lease agreement is not unilaterally terminable by one party and does not require a tenant to take possession to be enforceable.

If you are the landlord you need to handle the Sec Dep per the Colo Sec. Dep Act to prevent 3x damages.

If you are the tenant you should consider the...
Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: How do my wife and I obtain a monetary judgement from former tenants...

We obtained a judgement in our favor for damages and unpaid rent against former tenants. They were married when they moved in but separated around the time they moved out and are now living in different towns. To collect the money owed do we serve the judgement papers to both and split the amount... Read more »

Donald C Eby
Donald C Eby answered on Jan 21, 2020

You have a judgment that is the obligation of both parties. You can pursue both until the full judgment is satisfied, you have no duty to split the judgment between the two parties.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: Am i able to sue for rent paid since first request of repairs that have never been made?

Lived here almost 7 yrs,have made *several requests for repairs via email,maintenance portal,txt mssgs.the roof leaks,is deteriorating,&has black mold.paying for 5bdrm but cant utilize upstairs rooms.Also,has no heating upstairs.Heating vents blow inbetween walls&floors cause there's not any... Read more »

Donald C Eby
Donald C Eby answered on Jan 20, 2020

You should review the Colorado Warranty of Habitability. The legislature significantly strengthened this last year to provide assistance to tenants.

This is a fairly technical issue so I recommend contacting an attorney to discuss your rights, remedies, and risks before withholding rent.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: I have a question about removing someone from my home.

I let a 17 year old move in because I was told his father kicked him out because he is gay. I found out he just left because he does not get along with his father. Can I kick him out immediately even though he has recieved mail here and my roommate doesn't care if he is here? We rent but I pay 2/3... Read more »

Donald C Eby
Donald C Eby answered on Jan 20, 2020

You can ask your tenant to leave or even entice him to move-out. But, if that fails, you'll need to proceed via the judicial eviction process which begins with legally enforceable notice. If you are unfamiliar I recommend that you contact an attorney to at least guide you through the process as... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Landlord's contractors destroyed our property. They're claiming neither they nor contractors are liable. Legit?

Landlord informs us they're installing new tile in the kitchen and we agree to do it while we're out of town. Contractors partially flood kitchen and basement removing the dishwasher. Water isn't turned off and leaks for two days before community mechanic fixes it. Mechanic says he was aware of... Read more »

Donald C Eby
Donald C Eby answered on Jan 4, 2020

Your Landlord and the Landlord's contractor are likely responsible to you for the damages that they caused to your personal property. You may want to consider having a lawyer send a demand letter or initiate a lawsuit.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a person sign a lease then change their mind before moving in and get their deposit back?

We rented our basement to a couple on 12-12-19 and they put a deposit down to hold the room til the first when they would move in. They signed a lease for a year on the 17th of December and on the 30th they called and said they changed their minds and wanted their deposit back. I am taking a loss... Read more »

Donald C Eby
Donald C Eby answered on Dec 31, 2019

The tenant signed a lease which creates a financial obligation on that tenant. He or she does not have the unilateral right to terminate that lease. Whether or not the tenant moves in is his choice whether or not you choose to enforce your right to get paid until you find a new tenant is your... Read more »

2 Answers | Asked in Personal Injury, Animal / Dog Law, Insurance Defense and Landlord - Tenant for Colorado on
Q: If someone else's cat bit me, after it had entered my house and I tried to remove it, can i be liable or sued?

I woke up and I hear meowing coming from somewhere, and I thought it was my cat. It was actually another person's cat that was outside my front door. I didn't know this because it had no collar and I hadn't seen it before. Over the next couple of hours the cat stayed out there. I had gone and came... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 13, 2019

Most likely the adjuster is calling you to pay for your injuries so you don't sue the owner. But, I do not know. I would recommend taking the call to find out what the adjuster wants.

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1 Answer | Asked in Criminal Law and Landlord - Tenant for Colorado on
Q: Is a charge the same as a conviction for the purposes of renting an apartment?

On unsupervised probation and in compliance. Told once probation ends the case is set to be sealed.

Brian K. McHugh
Brian K. McHugh answered on Nov 2, 2019

A charge is a prosecutor's allegation that you committed an offense. A conviction is a legal determination that you are guilty of committing the offense charged.

If you are on probation, whether it is unsupervised or supervised, then you have a conviction. Once the case is sealed you can...
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1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord keep my inital rent and deposit when I never moved in because of someone else still occuping at time

state of colorado

Donald C Eby
Donald C Eby answered on Oct 31, 2019

If the previous tenant did not move out causing Landlord to be unable to deliver possession to you, he would be in breach of your lease agreement and have no right to your rent and Sec. Dep.

You should contact an attorney for assistance in recovering your money.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord(s) transfer a lease to a Property Management Company without notifying the tenant in writing prior?

I have a Colorado lease that has several legal errors, such as governing law is listed as Massachusetts, landlord can lock out the tenant, as well as, all the parties listed on the lease did not sign off. A Property Management Company posted a notification on my door on 10/3/2019 informing me... Read more »

Donald C Eby
Donald C Eby answered on Oct 31, 2019

A landlord may designate an agent (Property Management Co) to step in and administer the lease on his behalf, unless the lease specifically says otherwise. It was smart of you to verify this transfer with the Landlord prior to delivering money to the Property Manager.

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for Colorado on
Q: I live in Colorado and I rent an apartment/condo. My neighbor threatened to kill my dog, what legal action can I take?

I have reported this to my subdivision leasing office. Then it happened again today so I called the main leasing office and they advised me to call the police. The police came and spoke with me, then spoke with the neighbor. He admitted to saying he would kill my dog but claimed he didn't say it... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 14, 2019

If you do not feel safe, then your best option might be to break your lease and move. If the threats continue or escalate, you might also be entitled to a restraining/protection order, but that all depends on whether or not the cops will press charges.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: The Security Deposit Refund was mailed 62 after my lease ended. Can my landlord still withhold my damages?
Donald C Eby
Donald C Eby answered on Oct 2, 2019

Assuming your calculation is correct, your Landlord lost his right unilaterally withhold for damages. Your next step is to send a 7-Day demand letter before initiating a lawsuit under the Colo Sec. Dep. Act.

Good Luck!

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord charge me for damages if a walk through was never performed before and after moving out?
Donald C Eby
Donald C Eby answered on Oct 1, 2019

The is no legal requirement for a landlord to perform a walkthrough with a tenant. If you dispute the charges you should refuse to pay and then bring a lawsuit or bring a counterclaim if the Landlord brings a claim against you. The Landlord will have the burden of proof.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: our basement flooded on August 1st due to a bad sump pump-ruining the carpet, can i short pay rent until it is fixed
Donald C Eby
Donald C Eby answered on Oct 1, 2019

Withholding rent is always a risky maneuver. May you have a right to claim a Warranty of Habitability issue or a constructive eviction as a result of the flooding? Yes - you may but I recommend that you consult with an attorney about the facts and your possible courses of action before you... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can a landlord charge for the full lease?

we were evicted early in a lease for nonpayment- I get it, not fighting that. We're trying to pay it down, but I was wondering can they charge us for the full amount of the lease if the apartment has new tenants? Technically arent they're getting paid twice for the same unit? Is that legal?

Donald C Eby
Donald C Eby answered on Oct 1, 2019

You are correct - A Landlord in Colo is not allowed to "double-dip" in the collection of rent from former tenants. If the Landlord has filed a Complaint against you in an attempt to obtain a judgement you should contact an attorney to assist you with this matter.

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Can I charge an additional monthly fee for double occupancy?

I have a room in my primary residence posted for rent as a single occupancy lease. I am open to double occupancy but would only consider it with an additional fee. Is this legal? What would I need to add in the lease agreement?

Donald C Eby
Donald C Eby answered on Sep 18, 2019

You can charge more if a unit is to be occupied by more than one person or a person and a pet.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can we have varying rents for those with and those without housing vouchers?
Donald C Eby
Donald C Eby answered on Sep 18, 2019

Yes - You can price each unit individually and different rent rates for those on assistance and self-paying tenants.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can we raise our rents to meet various local PJs "payment standards"?

This would cause a hardship for some of our tenants who do not have a housing voucher. Can we base their rent on income?

Donald C Eby
Donald C Eby answered on Sep 18, 2019

There is no limit on the amount of rent a Landlord may charge or the amount a Landlord may raise the rent. The tenant will decide if he wishes to negotiate, stay, or move.

However, of course you cannot unilaterally change the rent amount during the lease term.

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