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Colorado Landlord And Tenant Legal Questions

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110 legal questions have been posted about landlord and tenant law by real users in Colorado. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
Colorado Landlord And Tenant Questions & Legal Answers
Do you have any Colorado Landlord And Tenant questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 110 previously answered Colorado Landlord And Tenant questions.
Landlord and Tenant Law
Colorado

Recent Legal Answers

Renters rights

Answered 3 years and 5 months ago by attorney Susan Kathleen Morath   |   1 Answer
Yes, this is a violation of Colorado's law of warranty of habitability. Contact a landlord tenant attorney, many of whom will give a free initial consultation, to get some specific advice for your situation.
Yes, this is a violation of Colorado's law of warranty of habitability. Contact a landlord tenant attorney, many of whom will give a free initial... Read More

How can I successfully evict this roommate without doing something wrong/illegal?

Answered 3 years and 11 months ago by Samuel McMechan (Unclaimed Profile)   |   1 Answer
go to https://www.courts.state.co.us/Self_Help/houseevictions/ you must have someone else not related, no privity with you, over 18, serve the notice, and use the notice provided on the website. follow the forms and procedures from there, but if it is too daunting then use an attorney. I am available.... Read More
go to https://www.courts.state.co.us/Self_Help/houseevictions/ you must have someone else not related, no privity with you, over 18, serve the... Read More

Can my landlord deduct for a bill that was not agreed upon in the lease agreement

Answered 12 years and a month ago by attorney Donald Eby   |   1 Answer
What does your lease say about utilities?  Was the water bill in your name or his?  The answer to your question is going to be based on the specific facts.  I recommend that you take your lease to an attorney for a consultation.   Good Luck,
What does your lease say about utilities?  Was the water bill in your name or his?  The answer to your question is going to be based on the... Read More

Do i need to pay rent?

Answered 12 years and a month ago by attorney Donald Eby   |   1 Answer
The Answer to your question is dependant upon the exact language of the lease agreements.  If indeed your landlord never actually released you from the lease and the lease term is still in effect you may be held liable for the lease.  However, it sounds like there are others in the home who may also be liable.  You may want to consult with an attorney if you landlord brings a suit against you to collect these charges. Good Luck! Don Eby... Read More
The Answer to your question is dependant upon the exact language of the lease agreements.  If indeed your landlord never actually released you... Read More

exgirl friend is a tenantand worked for me I want her out

Answered 12 years and a month ago by attorney Donald Eby   |   1 Answer
You will need to evict her.  The process starts with notice.  It is likely that the court will view this as a month to month tenancy which can be terminated by you for no reason, by providing notice of your intent not to renew for the next month at lease 7 days prior to the end of this month.   Good Luck, Don Eby... Read More
You will need to evict her.  The process starts with notice.  It is likely that the court will view this as a month to month tenancy which... Read More

Had an apartment fire in my building and need to know if I can get out of my lease due to asbestos concerns?

Answered 12 years and a month ago by attorney Donald Eby   |   1 Answer
Your lease should have a clause about your rights if the building is damaged by fire, flood, etc.  If not and the is a health hazard then you may have a warranty of habitability claim which will get you out of the lease.  The Warranty to Habitability is a technical defense, I recommend that you consult and attorney to assist you.   Good Luck, Don Eby... Read More
Your lease should have a clause about your rights if the building is damaged by fire, flood, etc.  If not and the is a health hazard then you... Read More

How to recover for loss/theft of items when apartment complex admitted fault/liability?

Answered 12 years and 2 months ago by attorney Donald Eby   |   1 Answer
You may have a claim for damages against your apartment complex.  The only way to really know is to contact an attorney for a consultation where the facts can be reviewed and both you and the attorney can decide if this is a case that you want to pursue.  If your claim is for less than $1500 you could try small claims court.     Good Luck, Don Eby... Read More
You may have a claim for damages against your apartment complex.  The only way to really know is to contact an attorney for a consultation where... Read More

Can previous tenant sue me for contacting his employer regarding debt?

Answered 12 years and 2 months ago by attorney Donald Eby   |   1 Answer
Most likely he can, but it is unlikely that he will sue you if you do not contact his employer again.   Good Luck,   Don Eby
Most likely he can, but it is unlikely that he will sue you if you do not contact his employer again.   Good Luck,   Don Eby

Is a lease upholdable if it has the last tenants listed in the body of the contract with my signature at the end?

Answered 12 years and 2 months ago by attorney Donald Eby   |   1 Answer
This will depend upon the specific language of the lease agreement.  Nevertheless, it will not be an easy case to win since you have been receiving the benefit of the lease.   Most people don't want to hear it but bankruptcy may be a great option for you.  This will prevent the landlord from coming after you for damages and you may be able to stay a few months before the landlord can force you out.   Good luck, Don Eby... Read More
This will depend upon the specific language of the lease agreement.  Nevertheless, it will not be an easy case to win since you have been... Read More

Can your landlord home insurance sue you for broken pipe?

Answered 12 years and 2 months ago by attorney Donald Eby   |   1 Answer
The insurance company may attempt to sue you for negligence.  But, based on your facts you will definitely want to defend yourself in this action.  I recommend that you consult with an attorney to review the facts and present your case to the insurance company.   Good luck, Don Eby ... Read More
The insurance company may attempt to sue you for negligence.  But, based on your facts you will definitely want to defend yourself in this... Read More

Can I sue my lanlord?

Answered 12 years and 2 months ago by attorney Donald Eby   |   1 Answer
Yes - It is likely that your landlord was negligent. You have damages of at least the cost of your doctor visit. Good luck,
Yes - It is likely that your landlord was negligent. You have damages of at least the cost of your doctor visit. Good luck,

Is it Legal for an apartment landlord to charge additional fees such as cleaning fee, paint fee, etc after they already took my refundable deposit?

Answered 12 years and 2 months ago by attorney Donald Eby   |   1 Answer
It is not uncommon for damages after a tenancy to exceed the security deposit.   Cleaning and painting charges are allowable.  But charges for damages which would be considered "normal wear and tear" are not. Good Luck,
It is not uncommon for damages after a tenancy to exceed the security deposit.   Cleaning and painting charges are allowable.  But charges... Read More

Is an eviction legal if no three day notice was served?

Answered 12 years and 2 months ago by attorney Donald Eby   |   1 Answer
A valid Notice must be served.  However, it appears that you have already presented your case and lost.  You can appeal the decision if the Judgment was in error.  
A valid Notice must be served.  However, it appears that you have already presented your case and lost.  You can appeal the decision if the... Read More

If I was evicted and have paid thru the month, how long does the landlord have before they have to pay me for the remainder of the month. I was laid o

Answered 12 years and 2 months ago by attorney Donald Eby   |   1 Answer
The rent will be accounted for with your security deposit accounting.  Your landlord has 30 days or up- to 60 days if your lease allows to account for and/or return your security deposit.  
The rent will be accounted for with your security deposit accounting.  Your landlord has 30 days or up- to 60 days if your lease allows to... Read More

our property management agreed to "work" with us to terminate lease early,now advertised rent much higher than market will get, is it legal?

Answered 12 years and 3 months ago by attorney Donald Eby   |   1 Answer
The issue here is that your landlord is holding you to your lease until he or she finds a new tenant and you do not believe that he will find a new tenant because he is demanding above market rent.   This is not illegal.  But if you break your lease he may not be able to collect forward rents from you for the remainder of your unexpired rent if he is advertising the unit at a much higher rate.  Thus, not making a reasonable attempt to mitigate damages.   Good Luck! Don Eby... Read More
The issue here is that your landlord is holding you to your lease until he or she finds a new tenant and you do not believe that he will find a new... Read More

we have been living in an apartment complex with no windows for 5 and a half months. my daughter cut her foot on a piece of glass. should we be comp

Answered 12 years and 3 months ago by attorney Donald Eby   |   1 Answer
You may have a Warranty of Habitability claim if you wish to move.   With regard to the cut foot.  You may have a negligence claim against the apartment complex for actual damages.  Do you have doctor bills as a result of the damages?  Maybe you want to use this as leverage to convince the apartment management to allow you to move? Good Luck.... Read More
You may have a Warranty of Habitability claim if you wish to move.   With regard to the cut foot.  You may have a negligence claim against... Read More

How long do i have to file small claims suit?

Answered 12 years and 3 months ago by attorney Donald Eby   |   1 Answer
The general statute of limitations is 3 years.  However, many things effect this and it could be considerably longer or shorter depending upon the facts of the case.   Good luck with your money damages claim.   Don Eby 
The general statute of limitations is 3 years.  However, many things effect this and it could be considerably longer or shorter depending upon... Read More

My landlord will not accept my late fee payment and has passed on to attorney

Answered 12 years and 3 months ago by attorney Donald Eby   |   1 Answer
Your landlord is obligated to accept your properly tendered payment during the period of the three day notice.   The issue of adding late fees and interest will need to be reviewed against the terms of your lease. If your landlord is trying to evict you you may be able to defeat that case. You may want to consult with an attorney to defend you in this process.   Good luck Don Eby... Read More
Your landlord is obligated to accept your properly tendered payment during the period of the three day notice.   The issue of adding late fees... Read More

I am half way through a 1 yr lease in Colorado with 2 other people. One person left. Are the remaining tenants liable for all of rent or 2/3?

Answered 12 years and 3 months ago by attorney Donald Eby   |   1 Answer
As for the rent due, this is an interesting construction of the lease.  The lease appears to contradict itself in that the rent is $1050 but you are only liable for $350.  Without reading the lease it is impossible to definitively answer your question.  However, it is likely that the court would hold that the total rent is due the landlord unless the lease very clearly states otherwise. As for the Notice, the grace period normally does not affect the due date but  on the date upon which late fees may be charged.  If this is the case in your lease, then the notice is valid. Good Luck!... Read More
As for the rent due, this is an interesting construction of the lease.  The lease appears to contradict itself in that the rent is $1050 but you... Read More

Mortgage

Answered 12 years and 3 months ago by attorney Donald Eby   |   1 Answer
Ownership of the property is a separate issue from the obligation to pay a lender.  If you are an owner you cannot be evicted.  However, if you have given up your ownership you can be evicted, unless you can prove that you are in reality an owner and the quit claim deed is void.   You should consider consulting with an attorney to that the specific facts of your case can be discussed and you can receive advise specific to your situation.  Many attorney's offer a free initial consultation for these types of matters.   Good Luck, Don Eby ... Read More
Ownership of the property is a separate issue from the obligation to pay a lender.  If you are an owner you cannot be evicted.  However, if... Read More

This is a question about a house rental security deposit dispute in Denver, Colorado.

Answered 12 years and 3 months ago by attorney Donald Eby   |   1 Answer
Since you lived in the home for 10 years, one would expect significate "normal wear and tear," which the landlord cannot withhold your security deposit for.   You should contact an attorney to discuss the specifics of the withholdings and the claimed damages.  You may be able to sue for a return of that amount and obtain attorney fees. Good Luck, Don Eby... Read More
Since you lived in the home for 10 years, one would expect significate "normal wear and tear," which the landlord cannot withhold your security... Read More

can you kick someone out of a apartment who is on the lease but not paying a single bill and has no income

Answered 12 years and 3 months ago by attorney Donald Eby   |   1 Answer
Tyler, This situation is not uncommon.  Unfortunately, you are liable (in most leases) for the full amount of the lease and have no right to evict her (only your landlord can do that, unless she is a sublessor to you). Good luck!
Tyler, This situation is not uncommon.  Unfortunately, you are liable (in most leases) for the full amount of the lease and have no right to... Read More

Landlord withholding deposit for non-practical reasons

Answered 12 years and 3 months ago by attorney Donald Eby   |   1 Answer
Based on the facts presented it does not appear that your landlord has the right to withhold for these charges.   Additionally, you may be able to recover damages for the mold.  We'll need to be able to prove your claim, i.e. doctors reports and proof of harmful mold. You should contact an attorney do help you with both of these issues.  Most will offer a free consultation to discover the actual facts. Good luck, Don Eby  ... Read More
Based on the facts presented it does not appear that your landlord has the right to withhold for these charges.   Additionally, you may be able... Read More

Non-Renewal Month by Month Lease & Moving Out Issue

Answered 12 years and 3 months ago by attorney Donald Eby   |   1 Answer
You are obligated, but if your landlord is trying to clear the building he should be open to negotiation and to waiving your Jan rent in return for your early vacancy.     Good Luck, Don Eby
You are obligated, but if your landlord is trying to clear the building he should be open to negotiation and to waiving your Jan rent in return for... Read More

its about my lease with the House i rent

Answered 12 years and 3 months ago by attorney Donald Eby   |   1 Answer
It will be up to your landlord to refuse to resign with the fourth tenant, or the tenants may refuse to sign with the fourth tenant by moving.  
It will be up to your landlord to refuse to resign with the fourth tenant, or the tenants may refuse to sign with the fourth tenant by moving.  
Landlord and Tenant Law
Colorado

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