Colorado Landlord - Tenant Questions & Answers

Q: My landlord changed the locks, can i break in to get my stuff?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 19, 2017

If you do not have a written lease, you are presumably a month-to-month tenant. The landlord is still required to give your formal written notice of termination of the lease and/or eviction. Based on your facts it is not clear if changing the locks was proper, but the landlord cannot destroy your property until adjudication has occurred (and the requisite waiting period has expired). Try contacting Colorado Legal Services, try offer fee to low cost legal assistance. You can also try your local...
View Details »

Q: Evicting roommate not on lease

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Answered on Feb 17, 2017

There are various approaches, but this is the safest. Give her written notice that she must leave by no later than the end of the end March. If she stays into April, contact the landlord about changing the locks.
View Details »

Q: How can we replace a 3rd party text message in small claims court?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 15, 2017

You can force their appearance by a subpoena. Another option (which does not require a court appearance) is a sworn affidavit (a statement signed and notarized).

Hearsay is a hard concept (it is a continual source of problems for even experienced litigators). Here is a link to an article that explains the issues: http://sbot.org/wp-content/uploads/2016/01/Authentication-of-Cell-Phone-Text-Messages.pdf . The article refers to Texas rules of evidence which is very similar to federal and...
View Details »

Q: If judge did not order money judgement in eviction does the tenant have to pay rent to perfect appeal?

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Colorado on
Answered on Feb 14, 2017

It is probably best to talk to an attorney before you proceed. The attorney might be able to expedite the appeal process too. If the judge did not award back rent it is probably because either it was not requested or the judge denied the request. If the judge denied the request, you will need to appeal this aspect of the determination (a hard claim). If the request was not made you may be able to amend the determination (unless a final order was granted). In the alternative you can pursue an...
View Details »

Q: how do I break a year lease only 3 months in with little consequence?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 11, 2017

You can try arguing that the leaking roof makes the apartment unsafe or unlivable, but this is a pretty weak claim. Your lease agreement should disclose the procedures for early lease termination. If not, it really depends on the landlord/property management and what they are will to negotiate. Most will require payment until an alternative tenant is found. Absent a termination clause or release from the landlord, you (and the landlord) are stuck with the lease until it expires.
View Details »

Q: Can my leaseing office add a parking fee if there was not one when we signed the lease

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 10, 2017

It depends. Additions can be added to a lease agreement, but these additions must usually be signed by both parties (like the original lease). Some leases have open provisions for potential new charges. It is also possible that a written notice may qualify (esp. if parking is not discussed in the lease). Review you lease agreement. Free to low cost attorneys may be available at this link: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html .
View Details »

Q: Say I sign a lease and an hour later get a job offer out of state. Is there anyway to legally break the lease?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 8, 2017

This really depends on the lease. Generally speaking you must comply with the termination procedures (if any exists) in the lease agreement. If no termination procedures exist (which is unlikely) the landlord and tenant are stuck with the lease until the listed end date. There are a few exceptions that can allow a "justified" termination. These are: (1) starting active military service, (2) rental is unsafe/violates health or safety codes, (3) significant violations of privacy rights by the...
View Details »

Q: I asked a question earlier about appealing a eviction and landlord inspecting place before we are out.

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Colorado on
Answered on Feb 8, 2017

You can always tell her no, the issue is whether you can enforce the no via the police or courts. The following and frequent entry into the apartment is very likely overstepping. If you can document this, it might be helpful for the eviction.
View Details »

Q: I am in the process of appealing an eviction and my landlord wants to do a walkthrough. Can she do that?

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Colorado on
Answered on Feb 5, 2017

Generally yes, the landlord has a right to inspect the apartment for litigation and likely under general inspection rules under the lease. It is recommend that you heavily document the apartment before the landlord inspection and after the inspection. A combination of movies and still images is recommended. Focus on the general appearance of the apartment and common areas where landlords tend to find fault (walls, floors, windows, appliances, etc.). Also focus on any specific area(s) of...
View Details »

Q: I went to court for late rent...I signed paper saying I would pay all late fees the late rent and lawyer..and did

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 1, 2017

Review the court order. If the court order only covered past rent, then an eviction is still possible. However, if the order covered past rent and eviction proceedings BUT did not grant an eviction, then the eviction was improper. Mistakes can happen, but be aware that the Sheriff's Office cannot act unless they have an eviction notice signed by a judge.
View Details »

Q: If an office bldg tenant doesn't pay lease for yrs, but bldg mgmt doesn't say anything, is tenant liable for back rent?

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Answered on Feb 1, 2017

You will need to contact a lawyer directly if you require a full evaluation. As a general rule leases are not required to be in writing and an agreement can be inferred from use alone. The management can request payment for all the years that office space was used (including past years). There are issues of proof and the extent of the use (these are subjects that you will need to contact a lawyer directly to have answered because they are case specific matters). In short, you are potentially...
View Details »

Q: Changed roommates 10 mos ago. Landlord informed us they never had us sign addendum. Roommate now refuses to sign & moved

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 27, 2017

The issue here is a the legal term privity (meaning contact between parties). Without a formal document between the landlord and the roommate, there is weak contractual connection. I assume that for the 10 months the roommate paid rent, so the roommate would at best be classified as a month-to-month tenant. As a result, the landlord arguably only has a connection to you (the primary leaseholder).

However, if you had a separate agreement with the roommate, you can potentially go after...
View Details »

Q: Is a lease completed and formal if the lease is signed by tenant's but not by management nor landlord?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 26, 2017

If the landlord has partially or wholly performed (i.e. given the tenant the keys and/or accepted rent) then an agreement has been created. Arguably, the terms of the written lease were not accepted, but an oral (and presumably month-to-month tenancy) has been created.

The "new" written lease can be validated by signing a new lease document by BOTH parties (a clause can be added to include a retroactive portion). Of course, the tenant is not required to accept the "new" written lease....
View Details »

Q: Is a contract so how ever legal if the contract not signed by all party's?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 26, 2017

Contracts can be created orally and action can be interpreted as acceptance (the legal term is performance). Finally, if a person does something against their interest an agreement can be imputed (detrimental reliance). There are exceptions to these rules. Specifically, for real estate transactions (but not rentals) all agreements must be written (rarely, for fairness, courts do relax the written requirement in a very select number of cases). Note, spouses are also usually imputed as part of...
View Details »

Q: US DOL granted former employer 3M credit for which she did not qualify. How is that being honored?

1 Answer | Asked in Employment Law, Business Law, Landlord - Tenant and Municipal Law for Colorado on
Answered on Jan 24, 2017

I am not sure how the US Dept. of Labor is related to landlord tenant issues. Are you asking how a person who allegedly has an uninhabitable apartment for lease can also receive a federal grant? If so, a US DOL grant is not related to civil landlord-tenant disputes; some criminal charges can impact grants. You will need to contact a lawyer directly if you have a landlord problem.
View Details »

Q: My tenant committed suicide on Jan 2, 2017 in my rental. We had a mth to mth lease only with him and us.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 9, 2017

Contact an attorney for details. If the lease was month-to-month and the deceased was still married to the woman and/or she is managing his estate, she must be allowed unrestricted access to the apartment until the term expires. If there is a mice problem, you are allowed access per the lease agreement to ensure the health and safety of the building. For cleaning normal landlord rules apply, you generally cannot destroy or move tenant's personal property (unless there is an immediate...
View Details »

Q: Boyfriend of 4 years is trying to kick my 16 year old and myself out and keep our 2 month old

2 Answers | Asked in Criminal Law, Family Law and Landlord - Tenant for Colorado on
Answered on Jan 5, 2017

If it is his house, he can certainly evict you. Custody of your child in common is another matter. Unless he has established paternity, he cannot claim custody. See a family law practitioner.
View Details »

Q: Can you establish tenancy in the state of Colorado if you do not pay rent?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jan 1, 2017

Yes and no. Technically, rent payments are not required to establish a landlord-tenant agreement. However, this determination is based on the general circumstances of the situation meaning an arms-length transaction in which one person gives something of value to the other (this can be labor). This means that most family-tenant agreements do not create a landlord tenant agreement.

It gets complex because if relatives terminate a rent-free arrangement for relatives/significant others...
View Details »

Q: Been living in apt for 3yrs prop mngt is asking for my bank acct # if I don't give it I'll will be evicted do I have to

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

This is a grey area. Failure to give a bank account probably cannot give grounds for an eviction (assuming that you are current on all payments). If you are concerned about giving your account number, open a new bank account that only holds your rent and give this to the landlord.
View Details »

Q: I am looking for a pro Bono lawyer that can help with a landlord tenant issue concerning uninhabitability

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Dec 26, 2016

Two pro bono sources can be found at this link: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html

Beyond that, you will have to call around with various attorneys (expect a lot of rejections).

Good luck
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.