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Jason Bryan Wesoky

Jason Wesoky’s Answers

92 total


  • Can she file a lawsuit against Starbucks for premises negligence

    My mother fell at the entrance of Starbucks yesterday evening, there was ice packed at the entrance and the surrounding areas.she knew that the concrete was slick because the weather has been snowy and wet, so she took her own precautions. She app...

    Jason’s Answer

    As suggested, the sooner the better. Video surveillance may not be kept for more than a week or two, so you want to request them to preserve it. You'll want to get witness statements soon as well before memory fades. Hopefully, someone got pictures of the entrance at the time. Slip and falls are difficult cases because Colorado has a unique and controversial statute that usually applies to such cases. The county in which it happened will make a big difference as well.

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  • What happens if a judge in a ruling errs on testimony given during a hearing that effects the court decision?

    Judge in decision states that witness testified that two large payment was made. But, witness did not testify to that. Do not even see how judge could have come to the conculsion based on testimony.

    Jason’s Answer

    It depends on how important the error was to the overall case. Regardless, if you want to bring it to the trial court's attention, you have a short window to do so and can file a post-trial motion asking the court to recognize the error and fix it. You're not required to file such a motion before appealing the result, however, If you want to appeal, you also have a short window to do so. You should consult with an attorney to see what they think about the error and your chances of changing the outcome as a result.

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  • Can I take a Apartment complex to court for not returning my deposit? Car Accident Settlement w/o injury

    I signed the sheets of paper when I moved out and the lady told me I would receive my deposit. Then later they went in and determined the carpet was messed up and I would not receive it...this was June. The deposit was $100 which is very much need...

    Jason’s Answer

    Generally landlords are required to either return a security deposit within a certain amount of time or give you a detailed list of why it is being kept and listing the damages/repairs made. As for the car crash, you don't want to "push for" a settlement, you want to make sure you know your injuries and damages and seek fair compensation (which the insurance company will try desperately to avoid paying). Use AVVO's search feature to find a lawyer in Nashville that does landlord/tenant and personal injury law.

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  • Being sued 2 years later by landlord but never signed a lease

    Being sued for rent and damages 2 years later but never signed a lease. We are in Colorado. We moved in with friends who were occupying the residence long before us. We were there 3 months and were only renting month to month, we never signed a tr...

    Jason’s Answer

    This is likely a breach of contract case and the time to file a case like that is 3 years. You have good defenses, including that the piece of paper you signed is insufficient for a lease. But if you're being sued, it's better to get a lawyer sooner rather than later.

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  • If a landlord terminates a lease because a tenant is in default can he still seek damages for the unpaid balance of the rent?

    We have a commercial lease with a tenant who has defaulted by abandoning the property and has stopped making rental payments. The tenant is 3 1/2 years into a 6 year lease and is attempting to terminate the lease based on allegations that are fals...

    Jason’s Answer

    In Colorado a landlord is obligated to mitigate (reduce) damages. It's likely that you'll recover lost rent between the time the tenant was kicked out or left and the time you get a new tenant in. Plus you can get any difference between the rent (if the new tenant is paying less) for the duration of the old lease, costs to re-rent (marketing, broker, new tenant improvements, etc.). If the old tenant has any assets, you should contact an attorney.

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  • Do we have liability beyond her deposit for claim damage to a floor in a rented house

    owner claims that they have to replace the floor secondary to "scratches "and that it will cost "$17,000 "for what was a substandard bamboo floor. No preliminary walk through

    Jason’s Answer

    Yes. Unless the lease limits your liability, you're responsible for actual damage. However, there are good defenses to the $17k cost. For example, if the floor is several years old, you can likely successfully argue depreciation (the value of the floor is what it cost new minus depreciation - the age of the floor) and it's not reasonable to replace the whole floor. It could be sanded and refinished at a much reduced cost, or you could replace just the damaged boards.

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  • Do I need a lawyer who specializes in contracts or construction for a residential remodel project?

    12 weeks over due, residential remodel project . GC non- communicative. Contract states remove deck and save for re-install and plans indicate a deck to be installed; GC stated it was put on the plans for city requirement. Half of exterior bric...

    Jason’s Answer

    An attorney that works with contractors, knows mechanic's lien law, and is versed in the construction defect act - as well as general contract law - will be your best bet. Bill Eikenberry, who you can find on this site, is top notch and works in these areas every day.

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  • A franchisor states that it will replace any account if terminated within 6 months.

    I started an account on 3/10/14 and it terminated on 8/30/14 this qualify as six months or is the six month on 9/10/14 as defined "[A] calendar month (means) that period of time elapsing between a given date and the corresponding date of the next...

    Jason’s Answer

    Need a little more information. Is this a franchise agreement? if so, there are often various provisions in the agreement that help define certain terms and timelines and create exceptions to rules like this. Generally, contracts are interpreted strictly based on the plain meaning of the terms of agreement.

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  • Procedure for getting rid of a 3 yr. guest living alone in my spare townhome? does the guest have any rights.?

    over 3 yrs ago, i allowed a friend to stay in my townhome after she lost her house. there has been no rent paid. i now want her to leave but she has no place to go. what is the procedure. . I did promise she would never be homeless but now Ive...

    Jason’s Answer

    Because you've allowed her to live there for so long, she'll likely be considered a tenant, but likely on a month-to-month lease. You should provide her a written "notice to quit" informing her the month-to-month tenancy is being terminated. You only have to give her 7-days notice (the statute is CRS 13-40-107). If she refuses to leave, then you can file an action in the county court to evict her. This is called a forcible entry and detainer action. You serve her with the complaint and summons, a hearing is held about 2 weeks later and the court either orders her to leave or she gets to stay. If the former, you call the sheriff to assist in the actual eviction.

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  • Good Afternoon, is it legal for an apartment complex to charge for common area electric and real estate tax.

    I get a utility bill from my apartment complex for water, sewer and trash and now there is a charge for common area electric and real estate tax.

    Jason’s Answer

    As stated, the lease governs. CAM (common area maintenance) charges are common in commercial leases, less so in residential (apartment) leases, but it's not unheard of. If the lease is broad enough to allow for it, you'll need to pay it; if the lease does not allow for it or there's no provision in the lease that it can be shoehorned into, you can fight it.

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