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Donald Corky Eby
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Donald Eby’s Answers

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  • What are my options? Can I just dismiss it? Can I use it to get out of my lease early?

    Going to court Tuesday feb 9 th against my landlord Lord in Jefferson county would like to meet with a lawyer tomorrow morning if possible to... The 3 day notice they posted to get us to court was false have text messages from landlord to prove it

    Donald’s Answer

    I'll help you prepare for trial; call 303-688-0944 to schedule paid consult.

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  • If a landlord behaved in ways that would be considered unethical or illegal, would he have grounds to sue me after I moved out?

    I rented from a private landlord for the last 5 years. Towards the end of 2015, I was falling behind on my payments but I was never more than a month behind and it didn't start until November. I had arrangements to pay him twice a month instead of...

    Donald’s Answer

    If you owe rent, late fee, utilities, etc. your landlord may choose to bring suit against you for money damages. You may, in turn, have a counterclaim, especially if he make unauthorized charges on your credit card.

    If your former landlord brings suit against you, you should consider consulting with an attorney to assist you in your defense and counterclaim.

    Good Luck!

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  • I am wondering what my options are? Do I owe her the security deposit? Can I sue her for the lost rent for the three months?

    Case Description I have a property in Castle Rock that I rent. I had a property manager (who has been subsequently fired) who rented the place to the tenant for a 1 year lease in July 2015. In November 2015, she notified us that she was moving to ...

    Donald’s Answer

    Do you owe the Security Deposit? Maybe.
    Can you sue for damages and lost rent? Damages - Yes; Lost Rent - Maybe.

    The issue on the Security Deposit is did you comply with the CO Sec Dep. Statute. Here, a few issues will need to be determined. 1. Did you deliver a proper accounting. 2. Did you deliver the accounting timely, i.,e. within 30 or 60 days of the end of the lease. 3. When does the 30 or 60 day clock begin to run? 4. Was the lease properly terminated or did the tenant simply attempt to unilaterally terminate?
    IF you violated the statute you may be liable for treble damages and attorney fees if you do not return the disputed security deposit within 7 days (assuming you have received a 7 day demand letter which is required to initiate litigation).
    Even if you return the security deposit you can still sue for damages.

    Good Luck!

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  • What is my position here? Will this law firm move to obtain a judgment?

    I was contacted by an attorney representing State Farm for a claim that my prior landlord made for vandalism after we vacated her home. They paid her claim and now they want to collect from me. I was never contacted by the landlord regarding such ...

    Donald’s Answer

    The good news is that if your landlord did not account for your security deposit in writing your $3400 deposit may be worth 3 times that amount plus attorney fees.
    The bad news is that if the insurance company serves you a complaint and you fail to respond the insurance company will get a default judgement against you for the amount of thier claim.

    If this rental property was in CO I recommend that you contact a CO attorney to help you with both your claim against your former landlord and defend you against the insurance claim for damages, ASAP.

    Good luck!

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  • If no contract is signed, can I leave a renting agreement before the lease is over?

    I am living in a room I found through Craigslist. The Craigslist post stated the tenant would have to stay until May of this year; however, there was no contract signed. I have approached the landlord about my intent to vacate and she threatened t...

    Donald’s Answer

    If there is no written lease agreement you are likely on a month to month contract unless the landlord can prove otherwise. A month to month agreement can be cancelled by either party for any reason with 7 days notice prior to the next renewal date.

    Good Luck!

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  • Is there any way out of this?

    I moved into an apartment and signed a lease with 3 other people. About halfway through the lease, I moved out and someone else moved in. My friends told me not to worry about paying anything. Now I'm facing collections charges. The other person d...

    Donald’s Answer

    Can you convince that person who took your room to pay? I hope so!
    Bottom line is you signed the lease with others. Landlord now wants to collect and you are on the lease so you have some legal responsibility thus landlord may collect from you then you can bring a claim for contribution against the roommates who are actually responsible for the damages.

    Good Luck!

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  • Can my roommate legally evict me, or force me out ?

    I have a no lease verbal agreement with a roommate, whom is also not on a lease. the agreement is month to month, I have always paid my rent on time. i clean my dishes i stick to my room (which she enters all the time, without permission, while I'...

    Donald’s Answer

    A month to month tenancy can be terminated on 7 days notice.

    However, there are many issues here:
    Does you roommate have legal standing to evict you, i.e. is she your landlord or roommate?
    Does your rent run from the first to the last day of the month?
    Was the notice given proper and legally enforcible?
    Etc.

    Bottom line - you will eventually have to move, but your landlord cannot simply lock you out.

    Good luck!

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  • If we give > 30 days notice, but < 45 that our lease specifies, can we be liable to pay the 13th month on a 12 month lease in CO

    * Our signed one year lease terminates 2-28-2016 * It has a clause that we must give 45 days notice before vacating but doesn't say what happens if we don't * It has a hold-over clause that only specifies the rent is raised $100 if we go month-t...

    Donald’s Answer

    Can you be held liable for the month of March rent? Probably. It depends on how well your lease is written because is has a specific termination date the 45 day notice period may not affect the natural termination. But, a well-drafted lease could be drafted in such a way to require 45 days notice even when a natural termination date is created.
    I recommend consulting with your landlord. If you leave the place in clean rent ready condition and allow showings during the month of Feb, it would be unlikely that your landlord will fee the need to pursue you for a couple of weeks of unpaid rent.

    Good Luck!

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  • Can my roommate/boyfriend kick me out of the house that we rent together? Both of our names is on the lease.

    Roommate/boyfriend is trying to kick me out because his son has been brainwashed by his mother to hate me when I've done nothing. He told my boyfriend that he would disown him if he didn't kick me out. His son however lives in another country righ...

    Donald’s Answer

    If your have signed the lease then you can only be "kicked out" by your landlord through the eviction process.

    Are you sure you want to stay?

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  • Do I return the full security deposit since it is past 30 days (no current lease) and then file in small claims court?

    I am a landlord of one property. The tenant recently moved out (Dec 1). His lease had expired in August, but I neglected to write up a new lease. It is over 30 days since he vacated the premises ( I was out of the country and neglected to pay unde...

    Donald’s Answer

    If your lease did not extend your time beyond 30 days then you have no legal right to withhold the security deposit and could face treble damages for doing so.

    The fight here many times is when did the 30 day clock start? If your tenant was on a month to month lease and did not give you proper notice of his intended termination then he may owe Dec. rent thus you are still within the 30 day window. In view of this you may want to provide an accounting and demand payment of damages.

    Just because you may not have the right withhold the security deposit does not mean that you do not have the right to sue for damages, i.e. concrete repairs, etc. So the idea of returning the deposit and then bringing suit is a reasonable plan of attack.

    Good Luck!

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