Colorado Landlord - Tenant Questions & Answers

Q: In colorado and eviction hearing can you promise to make payments to catch up on rent and not get kicked out.

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

If the eviction hearing is due to unpaid rent, then your offers to repay would only be accepted if either (1) the landlord accepts or (2) the court feels the eviction is improper or creates undue hardship. You can certainly make the offer to repay, but neither the landlord nor the court is required to accept your offer. Note, if you can provide the full deficiency amount (cash in hand) prior to the hearing date you probably can prevent the eviction.

Q: The apartment complex I lived in was awful. The door lock broke and I was trapped in my unit. Maintenance didn't show

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

You may have a claim for constructive eviction. At this point, you need to document that pitbull exists and that the apartment's disrepair results in an unsafe condition AND that requests for repair are not promptly acted upon. There is no bright line test to prove either of these points, so you need to document (as best you can) that the owner is acting unreasonably. When you have this information you can formally request that your lease be voided and the security deposit returned. If the...

Q: Can my landlord change my move out date to stay within the 60 day security deposit return?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 4, 2016

This is a trick. If you cash the check you are accepting the move-out date of 10/31. Unless the check fully satisfies your claim, you may want to wait until the actual court hearing.

Q: Do i still owe if i broke a lease and the apts has changed owners

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Dec 15, 2015

See my prior answer. You will still have to pay. If you pay the new owner make sure to have a written and signed document stating that they assumed collection on the rent. If you don't there is a possibility the old owner will sue for the back rent--even if you paid the new owner.

Q: If i owe for a broken lease and the apartments are taken over by someone else do i still owe

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Dec 15, 2015

Who broke the lease? If we are referring to past due rent, then the new owner very likely assumed the claim. There should be a mention of "assignment" in your lease agreement.

Q: my question is about security deposit for apartment rentals

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Dec 2, 2015

The Colorado Revised Statutes generally do count weekends and many holidays, unless the statute expressly states otherwise. That said, most lawyers wait a week or two after a cut-off date to be sure that an incorrect calculation does not result in dismissal of a claim/suit.

Q: Should I sign a renewal lease that is dated 40 days after the date it was given to me? Can they charge me after the fac

2 Answers | Asked in Landlord - Tenant for Colorado on
Answered on Nov 10, 2015

We can't tell you what your rights may be without reviewing the document and all pertinent circumstances. Obviously you should talk to a lawyer in your state before you sign. It may be good to scratch out the printed date and write in the date on which you actually sign, but again, get legal advice first.

Q: Am i able to file a claim in small claims court on a former tenant if i do not know his current address?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Nov 8, 2015

You should be able to do that. You will need to find the ex-tenant, however, so that he can be served with process.

Q: I have rented a storage parking spaces they are evicting me can they just post the court date on my space to notafie me

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Nov 4, 2015

Your landlord is required to give you notice and notice can occur via several means. Usually, notice must be posted on the front door of the apartment if it is not handed to you personally. However, the fact you received the eviction means the notice is probably valid. The only exception is if you discovered the notice say the day before the court date--then you could challenge the notice. Also note, a defective notice delays the court appearance date, it does NOT present a defense to an...

Q: So I just resistered my cat as a NSAR Emotional Support Aminal and I have the paper to prove it, but ...

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 27, 2015

If you have complete and full documentation for the cat (based on the ADA), the Fair Housing Act (FHA) would allow you to have the cat. There are a few FHA exceptions which might allow a landlord to deny the cat (primarily based on unreasonable accommodations). You have a strong bargaining position. Incidentally, if the landlord prevents you from living there with the cat, the landlord has arguably constructively evicted you from your apartment. Both the ADA and FHA have special damage awards...

Q: Can a landlord evict a resident for unpaid mortgage payments;When the billing statements was only showing lot rent due?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 10, 2015

The answer varies based on whether the rental is commercial or residential. You have greater protections if the eviction is for residential use. Both raise significant issues of inadequate notice (which usually slows, but does not defeat a eviction). Generally speaking you cannot be evicted from rental property (even if you are wholly in the wrong) without a court order. It does not sound like any order is in place. Contact an attorney; you can probably stop the eviction entirely or at least...

Q: I signed a lease in Colorado that allows the landlord to enter at anytime without notice. Is this legal???

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 5, 2015

This inspection language is standard for lease (rental agreements) and is also allowed under Colorado law even if that language is not the lease. However, the lack of notice is a bit odd. There is nothing directly in Colorado statutory law that prevents access without notice, but frequent and unannounced entry into a rental is arguably defeating right to quiet enjoyment and may constitute an invalid lease (since you as the tenant have a restricted right of possession).

You may need to...

Q: Can my landlord send me to collections if I never signed a lease or saw a lease?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 4, 2015

A rental agreement can be created without signing a formal lease agreement. The fact you paid rent tends to indicate an agreement existed. You can dispute the duration or terms of the inferred (oral/performance) agreement.

Q: Do I need a lawyer for this eviction?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Aug 24, 2011

Maybe. Whether you have a case depends on the circumstances of the written lease, and the negotiations leading up to it, including whether payment of the pet deposit was conditional upon the Landlord's repairs to the property. Note that Colorado has codified the "warranty of habitability" which requires that the unit be habitable, and that the heating facilities be in good working order. (See C.R.S. 38-12-503). Most of the time, written notice to the landlord is required to invoke this...

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