Colorado Landlord And Tenant Legal Questions

Without reading your lease you and your ex-girlfriend are both obligated under the lease, jointly and severally.  Which means that you are both obligated for the full amount of the lease to the Landlord and you can fight among yourselves about who pays which portion.   You bring an issue of civil damages, i.e. a money claim.  She brings issues of a criminal nature which could result in jail time.  These two issues will not be decided by the same court.  Thus, if you want to bring her to small claims court to attempt to collect the money she owes you, you may succeed.  But, you risk her filing criminal charges in retribution.  Maybe you can defend yourself and win there to.   If I were you I'd find a new roommate to pay the lease and move on.    ... Read More

If you were released from the lease prior to Dec 2011, you may be able to beat this claim based on the statute of limitation.   I cannot determine the exact facts based on your description, however, I do offer a free consultation if you are considering fighting the Landlord in this case.   Good Luck, Don Eby... Read More

The barking dogs will not likely create an avenue which will allow you to break the lease without penalty.  However, this is dependant upon the language of the lease and their or likely other causes which will allow you to break your lease.   You may want to consult and attorney or attempt to negotiate a lease recision with your landlord.  I offer a free consultation to get to the bottom of the facts, this could result in a demand letter or a warranty of habitability defense.   Good luck, Don Eby... Read More

It is unlikely that your landlord can legally withhold your security deposit based on the facts you present.  You'll need to dispute this withholding.  I recommend consulting with an attorney as you may be able to obtain triple the wrongfully withheld amount in addition to the costs of your attorney.   Good Luck! Don Eby... Read More

I'll presume that your landlord notified you of these charges in her security deposit accounting letter, where she notified you that not only will she be retaining your entire security deposit but she also demands an additional payment. A landlord is under no duty to perform a walk-though with a tenant either at move-in or move-out.  However, if she brings charges against you to attempt to collect any damages, i.e. payment for the doors, then she has the burden of proving that you owe her the money.  Without a move-in or move-out inspection report signed by both parties, this could be difficult for her to prove.   You have the right to object to the claimed damages, i.e. the house was cleaner when I returned it to you than when I received it and the doors were damaged at  move-in I demand my security deposit returned.  However, if you get into a security deposit battle with your former landlord I recommend retaining counsel to assist you with this.  Chances are your lease will allow you to recover this cost and it is possible that the CO Security Deposit Statue will also allow you to recover not only the cost of your defense but possibly triple the amount of your wrongfully withheld security deposit.   Good luck! Don Eby... Read More

You should not be charged for the time or the damages.  I don't see a judge assessing you with that liable.  However, you may need to hire an attorney to enforce your rights.  I recommend contacting an attorney for a free consultation to discuss the facts of your specific situation and your next steps to protect yourself. Good Luck, Don Eby 303-688-0944... Read More

Take a look at the link below regarding wrongfully withheld security deposits.   Your former landlord has a duty to return your security deposit within 30 (or 60 days if exended in the lease) days of the end or termination of the lease.  If he or she fails he no longer has any right to retain the security deposit even if he is owed damages.  His failure makes him liable for the costs of your attorney and for treble the amount of the wrongfully withheld security deposit.   http://www.robinsonandhenry.com/tenants/triple-damages-for-mishandled-security-deposits/   Good Luck, Don Eby... Read More

Your apartment complex is in violation of the CO Warranty of Habitability.  Once you perfect your defense you then have the option of moving out or withholding rent to to make repairs.  But, before doing so you must perfect your defense by sending a demand letter, providing an opportunity to cure within a "reasonable time" and then if not cured send a second demand letter with a 7 day deadline after which you may move-out or make repairs. This is a fairly technical doctrine and you will not know if you have property perfected your defense until brought to court to defend yourself.  Thus, it would be wise for you to consider hiring an attorney to assist in this process.   Good luck!... Read More

This is a requirement of the landlord, if he requires all occupants over 18 yrs of age to sign the lease then you can either sign the lease as he requires, not sign the lease and not take the apartment, or negotiate with the landlord to not have her sign.   This should not affect her ability to get her own apartment but she will be liable for any damages on your apartment.     Good luck!... Read More

First you have a Warranty of Habitability claim.  This will allow you to cancel your lease agreement and move without being held responsible for the future rent.  However, you need to perfect your warranty of habitability claim by sending two demand letters and providing an opportunity to cure.  I always recommend hiring an attorney to assist in perfecting this defense. Secondly, you may have a damages claim against your landlord based on the conditions of the home and the health hazard that he has subjected your to.  For this you will definitely need to consult an attorney to help you with this claim against your landlord and his insurance company.    Good Luck!... Read More

When you rent a property you pay for the rights of exclusive possession and quiet enjoyment.  Thus, unless your lease gives your Landlord the right to enter your property he has no right to do so.  You may refuse entrance and call the police based on trespass.  But, most leases give the Landlord some rights of entrance, you will have to read your lease carefully so determine exactly what your rights are in this situation.    Good Luck!... Read More

You made a rent payment and the landlord accepted the payment after the Order for Possession was given?  If that is the case you may have a valid reason to stop the execution of the Writ.  You should contact an attorney to discuss the specific facts of your case.  If you are located along the front range I can help you. ... Read More

It is really impossible to give you advise on this without seeing the actual complaint and counterclaim.  However, based on the facts that you do present you may have a claim for triple the security deposit if you did not receive an accounting.  I recommend that you contact an attorney to discuss the facts of your case.  If you are located along the front range, I may be able to help you.  Good Luck,... Read More

The answer to your question is it depends.  If you are the landlord I would recommend a new lease.  But, it appears you are the the tenant, in that case, if your landlord does not demand a new lease and you are happy with the terms of the old lease the continue under the old lease terms.  Just ensure that you will not be charged for the 4 months that you were away. Good Luck.... Read More

Unfortunately, the answer to your question is maybe.  It depends on the exact terminology of your lease regarding the security deposit and obligations created if the property become untenantable.  The issue here is not whether or not he actually took possession but whether or not the damage was so severe as to make the home uninhabitable.  If you do keep his security deposit you'll need to comply with the CO Security Deposit Act or face potential triple damages.  Also, if you keep the deposit and apply as rent you'll need to be able to prove that you attempted to mitigate damages. This issue is likely more complex than it appears at first glance.  I recommend contacting an attorney to discuss the specific facts of your case.  I offer free consultations for this purpose.  If you would like to schedule a consult please call 303-688-0944 and ask to be scheduled with Don.... Read More

The testing is not the issue here, it is the remediation that needs to be done, your damages, and your right to terminate the lease based on the Warranty of Habitability.  I suspect that your landlord will demand that you pay the remainder of the rent or will threaten eviction.  He may win in an eviction case unless you have perfected your defense under the Warranty of Habitability. I recommend that you speak with an attorney about the damages that your landlord may owe you based on the mold issue and your related health problems.  I handle these types of cases and would be happy to speak with you during a free consultation to review the specific facts of your case and your options.  If you are interested call 303-688-0944 and ask for a free consultation with Don. Good Luck!... Read More

Since your brother has established residence in your home and will not move out on his own will, you will have to evict.  The process starts with a notice.  Depending on the specific facts of your case the notice may need to provide and opportunity to cure or it may simply terminate the tenancy.  I can help you with this if you are interested in hiring an attorney.  Most evictions I can handle for $500 + costs.  If you would like a free consultation to discuss the specific facts of your case call my office at 303-688-0944. Don... Read More

I think I answered your question previously on AVVO. The issue here is that your landlord is obligated under the HOA rules.  If you violate the rules of the HOA causing him to be fined he will likely pass that fine along to your and eventually be forced to evict you.  If you want to stay I recommend moving the storage from your garage to a storage unit so that you can park in the garage and driveway.  Good Luck... Read More

Unfortunately, unless your landlord will agree to release you from the lease, you are both jointly and severally liable for the lease payment.  Which means that you are both responsible for the entirety of the lease amount.  If you move, hopefully, your daughter can pay the rent on her own.  If she doesn't she will likely face eviction.   Good Luck... Read More

You can evict based on the failure to pay rent for the last two months.  But to demand rent from seven years ago is likely to get your case kicked out. You may want to consult with an attorney about how to handle the accounting of this account in order to maximize the amount of back rent that you could claim for an eviction and in a money damage claim. Good Luck,... Read More

From your facts it sounds as though the Court has issued a Default Judgment for possession as a result of your failure to appear on the Summons date.  If that is the case unfortunately, your case is over, I do not see facts to support any type of emergency motion to quash the Order.  Will the former management testify for you regarding your agreement?  Without this you have no case. ... Read More