Colorado Landlord And Tenant Legal Questions

If the lease states that you will be responsible for the cable/internet bill then you are responsible.  Or if there was any agreement between you and the other roommates that you will split the cable/internet then you are responsible.  Otherwise, you are not responsible.  Did you ever pay the Cable/Internet?  This, either way, will tend to show your responsibility.   It is unlikely that this small bill is worth the expense of your friend bringing legal action.   Good Luck.... Read More

Your situation may be more complex than can be handled here on email.  Since you signed the lease you have an obligation.  However, that obligation may be overcome if the property provided is not substantially the same as the property you were shown.  Also, it sounds as though you may have some warranty of habitability issues which would allow you to break the lease an not be held responsible for the future rent or damages.  Generally, unless your lease specifically allows for future rent your landlord cannot charge you rent for the remainder of the lease after you abandon.  Even if the lease does allow for future rent your landlord has a duty to mitigate damages by attempting to relet the property as soon as possible. I recommend contacting an attorney to review the specific facts of your case.  If you are along the front range, I offer a free initial consultation.  Don Eby 303-688-0944... Read More

If you can prove that you had the home professionally cleaned and the landlord then is charging for an unneeded service, you may win in a suit disputing this charge.  Since you hired a cleaning company I think you have a strong case. The issue here becomes did the Landlord "willfully, knowingly, and wrongfully" withhold your security deposit.  If the answer is yes you could receive 3X damages and the landlord will have to pay the costs of your legal representation.  Otherwise, you probably should consider small claims court for recovery of the cleaning fee. Hope that helps.  If you are located along the front range, I can help you in recovering the triple damages should you decide to hire and attorney and pursue that remedy.    Don Eby... Read More

Your posting leaves a lot of questions. Are you in an apartment or single family home?  Are there others to join you in your complaint against the landlord and split the legal costs? Are you in a month to month lease or a term contract?  In a month to month he may raise the rent if notice if properly given prior to the next renewal date.  Not so in a term contract. You may have a warranty of habitability claim against the landlord where with proper notice and opportunity to cure you may be entitled to make the repairs yourself and withhold rent to pay the costs of repair.   Good luck!... Read More

If your lease has an defined end date, i.e. 1 July, no notice is required.  When the lease terminates it is over.  However, your landlord may elect to allow you to stay on a month to month basis under the terms of the expired lease and carry forward you last months rent previously paid.  But I bet if you do not pay the June rent you will hear from him. Hope that helps. Don Eby 303-688-0944... Read More

Mr. Wray, It is possible that since the lease has ended and you are now under a new lease that you may be able to escape eviction for failure to pay the rent.  However, the landlord may bring claims of unjust enrichment or other money damages claims against you in a court, obtain a judgment and then begin to collect, unless you can prove i.e. receipt, that he had refused your payment because you did not owe any money. Hope that helps. Don Eby 303-688-0944... Read More

Your rights against you landlord with regard to his responsibility to replace your oven will be controlled by your lease agreement.  Many lease agreements state that the appliances are not part of the lease but there for your convenience.  If this is the case you may not have much leverage, but if the appliances are part of the leased premises you may be able to force more than a toaster oven.... Read More

There are a few issues here that may prevent you from being liable.  However, it is a contract and unless we can find that the contract was invalid or that there were no recoverable damages you are liable.  First, you say that you paid nothing at the time of signing the contract.  That fact may prove that that the contact was not effective.  Next, unless the contract contains a "forward rents" clause it is unlikely that you will be held liable for the June rent.  Hope that helps and Good Luck, Don Eby... Read More

You have a Warranty of Habitability issue.  With proper notice and the landlord's failure to respond and take corrective action you may move-out of the property and have a defense to the landlord's claims of damages for breach of contract. This is a technical process and is only a defense, i.e. you must actually move-out then rely on the defense to protect you from future claims by your landlord for damages or for his wrongful retention of your money. I hope that helps, Don Eby 303-688-0944... Read More

Without seeing your lease, it is likely that your lease is between you and the owner, the property manager is merely the owners agent and changing of the property manager has no effect on your tenancy or contract.  However, if your lease is between you and Blue Mountain and the lease was not properly transferred then you may have a claim, but even that is doubtful because it is likely that the lease is assignable. Good Luck, Don Eby... Read More

This is a common problem in long duration commercial leases. First the damages for which you would be responsible will be outlined in your lease and may include clauses like early termination, stipulated damages, forward rents, etc.  Normally, if your landlord can find a new tenant for your space this will terminate any further damages for rent. As for your efforts to cause a termination by breach of the lease terms or your right to quiet enjoyment this is a possible avenue but once you terminate the lease by moving out, these issues become moot, so we have to begin this process prior to your walking away. If the building sales the new owner will take it "subject to" the existing leases.  However, the new owner may not want the leases so he may offer to buy you our or to allow you to leave early.  This is totally dependant upon the new owners desires. As you can see there are a lot of moving parts answering your question and it is very dependant upon the specific facts of your case.  Thus, I recommend consulting with an attorney to determine exactly what your rights are.  I can help and offer a free half-hour consultation to look at the facts specific to your case to help you decide whether or not you want to move forward. Don Eby 303-688-0944... Read More

Mr. Walberg, It is unlikely that you will be able to recover on a claim for damages based on your presented facts.  First, you as the tenant are responsible for renters insurance to cover loss of your personal property.  Also, landlords are generally not responsible to pay for temporary lodging unless the lease specifically makes them liable for this, unless you can prove negligence - preexisting and known risk.  I wish I had better news for you.  If you think that I have misread the facts, I'll be happy to discuss with you during a free consultation. Don Eby 303-688-0944  ... Read More

George,   You are correct.  The Notice is the first step of the eviction process.  The next step will be serving you with a summons and complaint compelling you to Answer the Complaint to the court.  If you fail to Answer the Court may issue a Default Judgment for possession in favor of the HOA.  Then the HOA will have to obtain a Writ of Restitution where the Court then Orders the Sheriff to remove you from the property. If you have a defense to this eviction I may be able to help, call my office at 303-688-0944.... Read More

As a tenant you have the right to a full accounting of your security deposit within 30 - 60 days of your returning possession of your property to the landlord. You may dispute this accounting. If the landlord wrongfully withheld your security deposit you may obtain treble damages and your landlord my be required to pay the costs of your suit. I recommend that you see an attorney to discuss the specifics of your case and the likelihood of a successful lawsuit to recover your damages. Don Eby... Read More

Mr. Fuller, The answer to your question depends upon whether or not you parking spots are part of you lease.  You say, 2 spots by law.  I'm not sure what you may be referring to here. If your lease obligates two parking spots then the landlord may not unilaterally take the spots away without your permission, that would be a breach of the lease. Hope that helps.... Read More

That is a good question.  Most leases will state that the rent is no credited as paid until actually delivered to the landlord.  Here, however, she received notice that the rent was available for pick-up.  My I suspect that we could win a case disputing the late fees under these facts.... Read More

Michael, The three day notice requires no action to begin moving out, it only requires compliance with the terms of the lease.  I recommend that your girlfriend contact the management to assure them that you are not living there and that she will not allow you to live there without their approval. Hope that helps,... Read More

Jesse,   You are in a tough situation.  Although the apartment as not taken action to evict based on your violation of the lease terms by taking a roommate or subletting a room, they have not affirmatively endorsed your roommate. You cannot force them to take your roommate as a replacement for you.  However, most apartments are more interested in receiving rent than chasing you for legal fees.  So, they will normally allow a substitution if the new tenant meets their criteria for acceptance.  Hope that helps - Good Luck... Read More

Ms. Noss, Did you sign the "Master Sublease" which provided for the 10% late fee charge?  Did the lease agreement state how the rent was to be paid, i.e. a specific address or into a specific bank account?  Did the lease state that upon return of the property to the landlord that the paint must be returned to its original color? Landlord tenant law is a very fact specific area of the law.  You are bound by the terms of the lease agreement that you signed but if you did not sign an agreement or the agreement did not specific specific terms you cannot be held liable for them. I hope this helps.  Don Eby... Read More

Matarra, A common law marriage is when the state determines that you are actually married, even though you have not had a wedding nor applied for a marriage license.  Your rights are the same as any wife married under more traditional means.   Hope that helps, Don Eby 303-688-0944... Read More

Stevie, It depends upon what you lease agreement says.  Many leases state at the appliances are there for your convenience only and are not part of the lease.  In this situation you do not have the right to withhold rent to repair or replace the refrigerator.  However, if you lease is silent, you may assume that the appliances are part of the leased property and you can demand repairs.  You do not have to give a 30 day notice, this is a warranty of habitability issue so you must provide notice and a reasonable opportunity to cure before vacating the premises or using self help and withholding from the rent. Warranty of habitability claims are a some what tricky portion of the CO law.  If you are not familiar I recommend hiring an attorney to assist you or you could be liable for breach of lease damages.   Don Eby 303-688-0944... Read More