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Colorado Landlord - Tenant Questions & Answers

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

Q: We live in a house and our lease expired and we’re assuming we were now on a month to month lease. We would like to know

How much time we have to give our landlord before we can move out? Our lease says nothing about what happens at the end of the lease or if it expires. It also says nothing about a set amount of time we need to give her before we move out. It’s very barebones it seems.

James Newell answered on Aug 21, 2019

Assuming your rent was due every month (e.g., on the first day of each month) you would have a month-to-month tenancy following the expiration of the agreed upon lease term. Because nothing is mentioned in your lease regarding notice, the default rule is that you may terminate your tenancy by... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on

Q: evicted for having a esa/therapy animal. landlord lying saying im not evicted but gave me 30 days to get out. help.

drs say esa animal for child. lease said no pets. childs health worsened. we get cat 2018. landlord knows, cat has to go, i comply, had inspection, passed, no damages. they renewed lease. 7/2019 friend can no longer keep cat for me. I take cat back. 7/18/19 child hospitalized 1 week. cat important... Read more »

Kristina M. Bergsten answered on Aug 21, 2019

You need a lawyer. Sometimes a letter from an experienced animal attorney, one who specializes in ESAs and service animals, especially, is enough to put a hold on the eviction and stop it. But you definitely need legal counsel.

Your statement was a little confusing, though. If it’s an...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Initial lease had 2 individuals on it. One party wants to exit the lease agreement and both parties are in agreement.

However, the landlord will not change the lease. Can tenants compel the landlord to update the lease by dissolving the original agreement and creating a new lease with only one of the existing tenants?

The tenants are offering to pay for the inconvenience.

Donald C Eby answered on Aug 18, 2019

You can ask and you can entice. But, you cannot force a LL to terminate the lease early and enter into a new lease.

The contract is for the protection of both parties against one of the parties who does not wish to preform.

The lease does not create an obligation on all tenants...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: If your landlord is terminating your lease prior rental is that okay?

She found out that I had 3 day notices sent to me at my prior rental now I am being told to leave or she will evict me, the lease is already signed

Donald C Eby answered on Aug 9, 2019

If you have not breached the current lease you have a strong defense to an eviction if LL attempts to have you evicted by the Court system.

I recommend that you retain an attorney to assist you if you receive a Summons and Complaint from your Landlord.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: My landlord rented out the property to new tenant, without evicting me, he let strangers in my home without notice

What action can be done my privacy was invaded

Donald C Eby answered on Aug 4, 2019

If you have a valid lease your Landlord does not have the right to lease it to someone else during your tenancy.

Have you called the police to have the new tenants removed?

You should consider bringing a lawsuit against your landlord contending that he has breached your lease and...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: I am being charged for carpet replacement taken out of my deposit. My lease wasn't renewed because of remodeling?

I was a great renter left the place better than when i moved in.

Donald C Eby answered on Jul 30, 2019

You may have some legal rights depending upon the age of the carpet when you moved in and when you moved out. Generally, carpet is considered to have a 7-year useful life.

You may consider bringing a case in Small Claims Court.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can aprtmt cmplx enforce 60day written vacate notice in signed lease contract of 90day shrt trm lease w/end date on it

signed lease has end date of 8/9/19 for a defined 90 day lease. now saying lease states they need 60 days written notice prior to vacate so another two months is owed past 8/9/19 - Littleton, CO

Donald C Eby answered on Jul 25, 2019

This demand is only enforceable if such language is contained in the lease agreement. This is a common provision in apartment leases.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: In Colorado is it a law that my water company is to notify my landlord of anything going on with my bills ?

I live in Castle Rock Colorado and I am being told by my water company that anything that goes on with my bill they have to notify my landlord even though I still live in the home. That's an invasion of my privacy why do they need to know anything that goes on with my bills in my house as long as... Read more »

Donald C Eby answered on Jul 24, 2019

Yes it is legal and that is the way utilities in CO operate. Because, if the tenant fails to pay the water bill the landlord will have to pay the debt created by the tenant in order to get the water turned on for the next tenant.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Tenant's girlfriend is not on the lease, but she is the only one that stays here. Some damage was caused. What to do?

Landlord here. I have a tenant on my lease. Lease does not allow subleasing. His girlfriend is not on the lease, but has been the one staying on property. She's been living in the room for ~50 days. There is another month left on the lease. Because he is paying I've been allowing her to stay.... Read more »

Donald C Eby answered on Jul 17, 2019

Your tennant (him) is responsible for the damages that occur during the course of his lease.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: How much time do we have before our landlord can take legal action against us?

My dog bit a child and our landlord wants him out of our apartment. We don’t want to give him up and our landlord said she would give us a month before we must move. Is a month legally enough time? After the time frame what can our landlord do?

Donald C Eby answered on Jul 12, 2019

Can your landlord evict you because of your dog's actions? That depends on the language in the lease agreement. If he/she does pursue the eviction he'll have to prove that you violated the lease and/or he properly terminated (in writing) and his Notice is legally enforceable.

If you...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: payment for rent was due on the 4th I tried to pay my rent on the 5th added late charges, the 4th was a holiday can this

Donald C Eby answered on Jul 9, 2019

Can a Landlord charge late charges if the due date is a holiday? Depending upon the language of the lease agreement the likely answer is yes.

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

Q: If you leave property and landlord rents it out before your lease ended, is new end date when next renter moved in?

One year lease through 30 June 2019. We notified landlord of our intent to vacate the property one month early back in April 2019. Landlord showed property several times prior to our move out and found a new renter to begin leasing on 1 June 2019. We were not charged rent for June because we were... Read more »

Donald C Eby answered on Jul 2, 2019

The Courts will not allow landlord to double dip by charging you June rent while collecting rent from the new tenants.

WRT when does the 60 days start for purposes of the Sec. Dep. Accounting, likely not until the new tenant took possession. This is a common fight. The bottom line is that...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Can a landlord force tenant to pay rent early for rent being late the prior month.

Apartments said we have to come up with late rent and next months rent or they will deny payment.

Donald C Eby answered on Jun 28, 2019

Does the landlord have the legal right to accelerate the due date of future rent payments? No, not unless his lease agreement specifically provides this right.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: What are the legal remedies for a NEW tenant when bedroom carpet reeks of urine and room has been unhabitable 30+ days?

What are my legal remedies for the following situation:

Upon move in, I noticed that one bedroom in my rental three bedroom townhome reeked of urine. Renter's Warehouse hired a cleaner to resolve the issue. The cleaner used a blacklight and there were many, many large urine stains. The... Read more »

Donald C Eby answered on Jun 25, 2019

This is unfortunately not an uncommon issue.

Simply withholding rent is not a good idea and will likely get you evicted.

Google the Colo Warranty of Habitability. The Colo Legislature just this year significantly strengthened tenants rights WRT Warranty of Habitability....
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Landlord stopped payment on security deposit and threatening to take more after new tenants claim carpet smells

We moved out of the home we were renting last month and bought a home. Two days ago, the landlord emailed and gave us a written list of the walkthrough and how much of our security deposit we would be receiving. Today, we receive another email stating that they put a stop payment on the check... Read more »

Donald C Eby answered on Jun 23, 2019

The issues you bring are valid and likely defenses should this matter go to Court. I recommend you google the Colo Sec Dep Act as it provides stiff penalties for Landlords who do not properly handle and timely provide a written accounting of any security deposit amount withheld for damages.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: I came home in 6/20/2019 to a notice to quit on my door. What can I do?

Donald C Eby answered on Jun 23, 2019

There are not enough facts here to offer any assistance.

Maybe you should contact an attorney to review your lease and the Notice and discuss your options.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: Hi! I live in an apartment in Colorado and to pay rent we have an online portal and mays rent somehow went missing

I paid May's rent through my apartments online portal and got a notice the following day saying that I still needed to pay rent. I emailed them the email confirmation that the apartment sends out (with a confirmation number) after paying through the online portal along with a pdf file of my bank... Read more »

Donald C Eby answered on Jun 20, 2019

Withholding June's rent will get you evicted.

Proof of the payment RE May rent will be a defense to any future claim on non-payment.

1 Answer | Asked in Small Claims, Civil Litigation, Landlord - Tenant and Libel & Slander for Colorado on

Q: What action to take when forcibly kicked out with no notice?

My landlord on a month to month single room rental that had no lease kicked me out of the house mid month with rent completely paid up to the end of month. He gave no notice at all and forced me to leave immediately without getting all of my belongings, he also forced me to give back my house key... Read more »

Donald C Eby answered on Jun 16, 2019

You may want to bring a claim for damages in Small Claims Court.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: How much of the carpet replacement cost am I liable for after living in a home for over 3 years?

I recieved a move out statement from a collection company stating that I owe for damages and full replacement of the carpet. I lived in the home with my friend, his wife, their two kids, and a dog. We paid a pet deposit, and pet rent every month the entire time of living there. I know there were... Read more »

Donald C Eby answered on Jun 16, 2019

If this issue went to court, even if the carpet was new when you moved in, it is unlikely that the court would hold you responsible for more than half the cost of the carpet. Generally, carpet is expected to have a 7 year normal lifespan. As such, half of the useful life of the carpet was... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: What is the length of notice a landlord must give for a notice to vacate?

We have lived in our home just short of four years, first year was on a lease, now we are just a holdover. Two weeks ago Landlord put the house up for sale, within days it was under contract. The home inspection is Saturday. I am told to expect a 30-day notice after it is completed. I read CRS... Read more »

Donald C Eby answered on Jun 14, 2019

The statue that you refer too is often misunderstood. Whether or not you have the right to 90-days notice is dependant upon your lease (even though you think it is expired).

If you refuse to move based on the note, the Landlord may bring an eviction action at which time you'll have the...
Read more »

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