Colorado Landlord And Tenant Legal Questions

Your obligation as Guarantor merely creates an obligation for you to pay the landlord in the event of the Tenant's default.  This is an agreement between you and the Landlord to allow an otherwise unsuitable Tenant to gain possession of the rental property. Unless, there is some sort of contract between you and the Tenant or you are granted permission to enter on the Lease, you have no right to enter the property if the Tenant refuses you entrance. ... Read More

Unless your lease agreement saddles you with this duty you have went far beyond what would be required under "normal" lease agreement to prevent damage to the owners property.  Normally, you have a duty to not cause damage and to report any hazards which may cause damage to the home.  Here, you expended funds and provided labor to remove the water which was entering the house but not because of any action or inaction of you the tenant.  Your landlord should be very grateful.  Your landlord ask you to buy the pump, so she needs to pay you for it and if she wants it taken back she can take it back.  Same goes for the shop vac. Good luck.... Read More

If the Landlord is responsible for the repairs then they will not be allowed to refuse your rent and evict you, however, if you are responsible for the repairs then the rent would be considered a partial payment and the Landlord is not obligated to accept a partial payment. If you are served with a summons and complaint then you should contact an attorney to help you in this case.... Read More

You have stated your case well but I do not know what your question is?  I'm very familiar with the claim for breach of Warranty of Habitability, etc. If you sue for breach of contract then you are saying that the lease is void, I do not see the advantage of this approach over the breach of the Warranty of Habitability.  However, this case appears far to complex to evaluate over email.  If you would like a free consultation so that I can evaluate the true facts of your case and determine your best course of action you should call my office.  Tell Michelle that you would like a consultation with Don regarding a breach of lease and warranty of habitability claim.  303-688-0944.... Read More

There is nothing for you to do.  Your landlord has accepted your payment invalidating his previous notice to pay rent or quit.  You have also paid Oct rent and he has accepted it.  He now has no authority to terminate you lease until the renewal date.  If he attempts and you want to remain in your home then you should hire an attorney to defend you in that action.   I have seen no facts that lead me to believe that a discrimation suit is justified.   ... Read More

Your research has uncovered the correct answer.  If the shades are beyond what is considered their normal useful life, the landlord cannot charge you to replace them even if your dog ate the shades from the window. The problem is whether or not the cost of these shades is worth going to court over.  This may be a good case for small claims court.    Hope that helps,... Read More

You may have a Warranty of Habitability claim.  Which will allow you to move without worries of being sued for damages.  You also may have a Liability claim for punative damages against your landlord.  I recommend speaking with an attorney about the specific facts of your case. I offer a free consultation.  Call Michelle, our receptionsit to schedule.  303-688-0944. ... Read More

Text messages are very problematic.  The short answer is that it is difficult to authenicate the text message and thus difficult to have it admitted as evidence in a trial.  The issue becomes that you received actual notice and you may have taken action based on that notice which could be admitted more easily and create evidence of your actual notice.  Sorry for the confusing answer.  But, this is an emerging area of law and not well settled.  Landlords are held to a strict standard when it comes to security deposits.  If you have any question that your security deposit is being wrongfully withheld you should consult an attorney. ... Read More

Unfortunately, you are in a bad spot.  You admit that you are breaking the lease.  Nothing here leads me to believe that you have a valid defense.  However, it is generally difficult for a landlord to collect forward rents.  And, the only way he can "make" you pay is to obtain a judgment against you for damages.  If your landlord actually serves you with a summons to appear in court then you should contact an attorney to defend you.  Anything less than a summons is merely threats and very few landlords actually follow through on threats to obtain damages because they have to risk more money in an attempt to recover what is already lost.    Good Luck!... Read More

You may have a Breach of the Warranty of Habitability claim which would allow  you to break your lease an move.  However, this must be perfected and only serves as a defense should your landlord chase you for damages after you depart. You issue will be does a dangerous or hazardous condition remain after the landlord makes his repairs.   Good Luck!... Read More

I've never heard of this tactic by an HOA and I'd be very hesitant to claim it legitimate unless you were informed of this requirement prior to purchase. This will require a more detailed conversation and possibly a review of the HOA bylaws to answer. Call Michelle, our receptionist, to schedule a free consultation, 303-688-0944. Don... Read More

Rachelle, I hope that you received the agreement of your landlord to allow you to pay the rent in two installments in writing or you have witnesses to the agreement.  Otherwise, this situation will become one of negotiation with your landlord. However, if your landlord wants to force you to move he will have to go through the court system to obtain an eviction.  This process begins with the delivery of a written Notice from that point if you play your cards correctly it could take the landlord a month to complete a judicial eviction. ... Read More

Charles, From the facts presented the court will likely determine that you are under a verbal lease on a month to month basis.  Thus, yes, your landlord has to give you formal notice.  But a month to month lease may be terminate by notice 7 days prior to the beginning of the next rental period, i.e if your rent is due on the 1st then notice most be provided NLT the 23rd of Aug of the landlords intent to not renew your lease for another term (month).  In any case his remedy to regain possession if you refuse to leave is to proceed through the court system to obtain an eviction.  Hope that helps. Don Eby... Read More

You can use a lawyer in Small Claims court but only if you are the Defendant.  Here you are not.  In any case this will not eliminate your need for service of process. Security deposits are a potential minefield for landlords.  If you think that your landlord has not properly complied with Colorado's Security Deposit Statute I recommend consulting an attorney.  If you win your case your attorney fees will be imputed to the landlord.  You may need to employ a professional in order to obtain service a well. Hope this helps.  If you are considering hiring an attorney, I deal with Security Deposit issues often and offer a free consultation. Don Eby... Read More

Your lease is a contract.  If your lease does not give conditions which allow you to break the lease then chances are you will be held responsible for the terms of the lease after you leave unless you can find a defense like the Warranty of Habitability. Your situation requires a very detailed look at the facts.  I recommend you contact an attorney to view your lease and your situation and maybe even negotiate with your landlord. Don Eby 303-688-0944... Read More

Yes, you can evict your daughter if she refuses to leave voluntarily.  In the eyes of the law she is a tenant at will under a verbal lease agreement and she has breached the terms of the lease.  The process begins with a three day notice then requires the filing of a complaint with the county court.   Let me know if you need help with this. Don Eby 303-688-0944... Read More

As for the security deposit.  If your landlord mishandles you security deposit she may be liable for triple damages.  That means that if you security deposit was $1000 your landlord may have to pay you $3000 plus the cost of your suit.  Thus, if she wrongfully withholds your security deposit or does not provide you with an itemized accounting from which you can dispute her withholding you can and should bring suit.  With regard to her claiming that is was you who broke the lease after she had agreed to let you go.  This is going to be a very fact specific argument.  You will need to schedule a consultation with an attorney to go over these facts in detail to determine if you have a case here.  Hope that helps.  Don Eby... Read More

By paying your rent you are paying for the right of quiet enjoyment and for exclusive possession of the rental property.  However, most leases require that you relinquish some of those rights to allow entrance by the landlord for emergencies or maintenance.  The terms of your lease will control this access. But, if the landlord is entering or attempting to enter without your permission or outside of the terms of the lease agreement you can call the police because he is trespassing.  Be advised that if you refuse entry to your landlord he may bring an eviction action against you for breach of the terms of the lease, this is his only remedy.  If he did not comply with the terms of the lease in attempting to enter then his eviction action should fail in court. Also, you may want to consider a restraining order if you are concerned for your safety. Hope this helps. Don Eby... Read More

Absolutely!  Ensure that when you file your complaint it is a two part complaint, one for possession and a second for money damages.  Then you'll be able to obtain a money judgment for the lost rent, and any fees allowed by your lease (including attorney fees).  You may want to contact an attorney to handle this for you, many will handle eviction cases on a low flat fee.  If your property is along the front range I may be able to help you. Good Luck, Don Eby... Read More

A defendant in a small claims case may elect to be represented by counsel.  If this happens, then the plaintiff has an opportunity to also be represented by counsel. The question is what is outrageous and what is reasonable.  This is a question of fact that the court will decide.  However, once the court orders attorney fees to be paid, not matter what the amount is, then you have a judgment which is legally collectable.  Hope that helps! Don Eby... Read More

Once the landlord provides and accounting and/or refund of the security deposit you are free to dispute it.  First step is a written notice providing a warning of an impeding legal claim and allowing 7 days to cure by refunding the disputed security deposit amount.  Aside from triple damages the landlord may be held responsible for the costs of your representation.  Good luck and if you decide to hire an attorney to help with this claim call me, I am very familiar. Don Eby... Read More