Colorado Landlord And Tenant Legal Questions

Mike, If I read your facts correctly, you paid your rent on time, but the online payments system attempted to withdraw the funds from a closed or empty bank account and when the rent was not ultimately deposited in your landlords account he is charging you late fees and threatening eviction. Read your lease very carefully.  Many times a lease will state that the tenant is responsible for ensuring that the rent is delivered to the landlord.  If your lease has a clause like this it could be trouble for you.  If it does not you may have a winning case at small claims court.   But pay the late fees to prevent additional charges from accruing and possible eviction, then move to small claims court. ... Read More

You can ask you landlord to use the security deposit to cover the lease break fee.  But, he is not required to accept you offer.  This sounds like exactly what happened according to your facts. The bottom line is that the landlord will be reluctant to use the damage deposit to cover the lease break fee because he then has no security for other damages.  However, rest assured that if you move-out and have not paid the fee, once he makes charges against the damage deposit if any deposit remains he will then charge the deposit for the fee.... Read More

Kevin,   Good question.  Unfortunately, I can't give you a good answer from your facts.  Who do you rent from the landlord or are you a sub-leasee of your roommate?  Nevertheless, your failure to pay the full months rent at the beginning of the month puts you at a disadvantage. ... Read More

Sharon, First, the tenant is liable for damage caused beyond normal wear and tear. Second, if the house has been damaged and is uninhabitable through natural causes, the tenant must leave no fault to the landlord. Third, the failure to allow you into the home to allow you into home is a breach of lease. Honestly, you have so many issues here that we really need to talk!  Much of this is dependant upon the terms of your lease.  I'll be happy to point you in the right direction through a free initial consultation but based on the extent of the damages and the claims your really should consider hiring an attorney.... Read More

Ryan, It appears that you were a signor to the lease agreement and the apartment manager obtained an eviction against you and your roommate, also a signor of the lease.  Now they are attempting to collect. I'm not sure of your question.  Do you contend that you do not owe the Judgment or is it that you don't understand why they have not contacted your roommate or do you want to hold your roommate responsible for half of the charges?... Read More

Julie, A lease is a contract, the contract is formed so that both parties to the contract know what to expect from the other for the defined time of the contract.  Renters enter into leases so that they know that they will have a home for the next 12 months and so that they know that their monthly rent will not be increased for the next 12 months.  Lessors enter into lease so that they know that their home will be occupied for the next 12 months and they know that the rent they receive cannot  be less than the contracted rate. Your landlord cannot raise your monthly rent during the course of a valid lease.  You should not pay the increased rent and they cannot evict you for not paying it, so long as you have not otherwise agreed to modify the contract.... Read More

Juliana, Even though you do not have a formal written lease if you are accepting rent then you have a lease agreement, verbal.  Only the court can evict your tenant so you must use the formal eviction process which begins with a three day notice for lease violation or non-payment of rent.  If there has been no violation of the terms of the lease then you will need to provide a notice of non-renewal.   As you can see this can get technical so if you are not confident that you can do it on your own you should hire an attorney.  Most, like me, offer low cost flat fee evictions. Feel free to call me if you would like to discuss the facts of your specific case. ... Read More

When you rent a home or apartment you pay or the exclusive right of possession.  This means that the owner does not have the right to enter your property without your permission.  However, may lease agreements will give the owner the right to enter with notice or for repairs or in the case of an emergency or to show to perspective tenants.  So, your right to prevent the owner from entering your apartment will be based upon the terms of your lease.  You will need to read it closely or have an attorney interpret it for you. Good luck.  ... Read More

Sarah, You have a breach of the Warranty of Habitability Claim which would allow you to break your lease after following the proper procedure.  This can be tricky as the in reality is only a defense to a breach of contract complaint and the process is long and somewhat tricky. An easier option for you may be to make the repairs and deduct from your rent.  This to requires proper notice and procedure, again falling under the Warranty of Habitability.  Good luck!... Read More

Belinda, As a sublessee you have the right of possession.  I'm assuming you have a valid lease agreement or verbal lease agreement.  Only the court can evict you, the primary leaseholder cannot arbitrarily terminate your lease and force you to move. I represent tenants and can help you to enforce your rights. Call me for a free consultation. Don Eby... Read More