Donald Corky Eby’s Answers

Donald Corky Eby

Castle Rock Real Estate Attorney.

Contributor Level 14
  1. Quick question about Eviction and going to Court

    Answered about 1 year ago.

    1. Donald Corky Eby
    2. Christopher Daniel Leroi
    3. Cheryl Rivera Smith
    3 lawyer answers

    Dawna, If the owner only wants possession you can return possession of the home to the owner and prevent being evicted. From your facts this is all the owner wants. You should call the owner and work out a date to return possession in return for their dismissal of the case against you and agreement not to pursue you for money damages. Good Luck!

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  2. My landlord is breaking my lease to sell the house, can I ask for compensation for moving early?

    Answered over 1 year ago.

    1. Donald Corky Eby
    2. Robert John Murillo
    3. Zachary Friedman
    3 lawyer answers

    When you have a lease your landlord is just as commited to that lease and the terms of the lease as you the tenant. If you have a lease which runs throught Sept, your landlord cannot force you to move for his convenience to allow a sell of the property unless you violate the lease and he obtains an eviction. If you decide to move that is your decision and certainly open to negotiation about what the terms of that move may be, i.e. free rent, compensation for the hassle and expense of moving,...

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  3. Owner still occupies Foreclosure Auction Property and refuses to leave

    Answered 4 months ago.

    1. Donald Corky Eby
    2. Scott Benjamin Riddle
    3. Robert Vance Salter
    4. Shelley Ann Elder
    5. Carolin Elizabeth Topelson
    5 lawyer answers

    If you have purchased a foreclosure at auction and the former owner or tenant will not leave you must evict them. That is how you gain possession and get inside. Until you evict you my be the owner but the tenant has the right of possession. You have a lot of questions most are very fact dependent. Contact an attorney, most will offer a free consult, to discuss your specific factual situation. If there was a bankruptcy filed you must handle this carefully or you could be subject to...

    8 lawyers agreed with this answer

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  4. No formal signed lease agreement? Do Tenant Rights still apply? (COLORADO)

    Answered over 1 year ago.

    1. Donald Corky Eby
    2. Cheryl Rivera Smith
    2 lawyer answers

    Yes, the statutes still apply. Your issue will be proof of the security deposit paid, date of move out, and lack of damages. If you can prove these items you have a case and you may receive triple damages and force your landlord to pay the costs of your suit. I recommend you contact an attorney for a consultation on the specific facts of your case.

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  5. My former landlord wants me to pay a plumbing bill he received just before selling the building.

    Answered about 1 year ago.

    1. Donald Corky Eby
    2. Christopher Daniel Leroi
    3. Jason Bryan Wesoky
    3 lawyer answers

    Generally, your landlord will have a hard time proving that the plumbing issues were caused by you. However, some leases have language stating that plumbing stoppages, etc. are the responsibility of the tenant, shifting the liability back to you. There are many factual issues to be resolved to fully answer your question so I recommend contacting an attorney for a consultation to discuss the specifics of your case. Most AVVO attorney's will offer you a free consultation. Good Luck!

    7 lawyers agreed with this answer

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  6. Colorado law requires landlords to send a written statement regarding security deposit, but does email count?

    Answered about 1 year ago.

    1. Donald Corky Eby
    2. Jason P. Bailey
    3. Christopher Daniel Leroi
    4. Jason Bryan Wesoky
    4 lawyer answers

    There are many issues within your simple question. I'll assume that the email sent by the landlord was an accounting of the damages for which the landlord withheld your security deposit and this email was delivered within the 30 or 60 days allowed by statute. The issue is that you received actual notice, even if the notice was not proper. This will complicate your case for triple damages significantly. Nevertheless, $4,300 worth of damages is a lot following a 4.5 year lease. Because,...

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  7. What can I do, if I disagree with the things my landlord is charging me for after we move out?

    Answered over 1 year ago.

    1. Donald Corky Eby
    2. Cheryl Rivera Smith
    2 lawyer answers

    Unfortunately, this is a very common problem. The good news is that the CO Legislature has armed tenants with a very strong statute to enforce wrongfully withheld security deposits. See my attached link regarding triple damages. The bottom line is that your former landlord cannot withhold security deposit for "normal wear and tear" or to make capital improvements to his/her property with your security deposit. However, until you have received your accounting statement from your former...

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  8. Which style of forms for tort civil suit is best?

    Answered 9 months ago.

    1. Donald Corky Eby
    2. Robert John Murillo
    3. Christopher Daniel Leroi
    3 lawyer answers

    A Colorado attorney would not use any of those forms. The Colorado District Courts are state courts so you definitely would not want to use any federal forms. American Jurisprudence is generally designed to be used nationwide in federal courts. The best place for you to look for forms is on the Colorado Supreme Court's website. However, I do not recommend bringing a case in Dist. Ct. pro se, unless you have a strong understanding of the rules of civil procedure. The stakes are high and...

    7 lawyers agreed with this answer

  9. How can I evict my non paying ex boyfriend from my apartment. His name is not on the lease.

    Answered about 1 year ago.

    1. Donald Corky Eby
    2. Christopher Daniel Leroi
    3. Jason P. Bailey
    3 lawyer answers

    If you are the only tenant listed on the lease agreement then he may be treated as a subtenant and you may be able to evict him based on a verbal month to month lease agreement. This be done based on a breach of the lease, i.e. failure to pay rent, or based on your desire to terminate the lease at the next renewal date, likely at the end of the month. Either way, the first step is to provide written notice. Then when the notice expires if he still refuses to leave you'll need to file a...

    7 lawyers agreed with this answer

  10. My landlord has not returned my security deposit and he isn't returning my calls. How can I take this to court?

    Answered 11 months ago.

    1. Donald Corky Eby
    2. Christopher Daniel Leroi
    3. Stephen Clark Harkess
    3 lawyer answers

    My Colleges are correct about the process. However, I recommend getting an attorney involved to assist you. They know how to get this to court, how to get your landlord served, can negotiate from a position of strength and knowledge on your behalf, and best of all you can pass the cost of this help along to your landlord. You'll find many competent attorneys ready to assist you here on AVVO. Good Luck. PS - let the 60 days expire then begin your demands for the return of your entire...

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