William Howard Eikenberry’s Answers

William Howard Eikenberry

Denver Landlord / Tenant Lawyer.

Contributor Level 7
  1. Can a corporation/officer represent itself in an eviction lawsuit or do we need a lawyer? We need to evict on a house we rent.

    Answered over 1 year ago.

    1. Robert John Murillo
    2. William Howard Eikenberry
    3. Christopher Daniel Leroi
    4. Brandy Ann Peeples
    5. Jason P. Bailey
    5 lawyer answers

    Only certain closely held entities are permitted to be represented by an officer who is not an attorney. So, it would appear that the CU will need an attorney.

    6 lawyers agreed with this answer

  2. I had a process serve come to my house a 10:00 PM to serve my wife.

    Answered over 2 years ago.

    1. Christopher Daniel Leroi
    2. Robert John Murillo
    3. William Howard Eikenberry
    3 lawyer answers

    I have handled several of these and it is possible, depending upon the type of credit card (seller v. lender), that the credit arrangement falls under Colorado Revised Statute, Section 5-3-108, which would have required the credit terms to be in a written agreement, and a copy provided to the consumer at or before the time credit was extended. Otherwise, the credit obligation is not valid or enforceable. Read Section 5-3-108 in conjunction with Section 5-1-301.

    6 lawyers agreed with this answer

  3. I s it legal for Chevron to evict my husband off a 100 year lease ground w/ only a 10 day notice? He runs cattle on the property

    Answered over 2 years ago.

    1. William Howard Eikenberry
    2. Stephen Clark Harkess
    3. Adam L Weitzel
    3 lawyer answers

    It sounds like there is a payment default under the lease, and if so, the lease should set forth the notice period. Within that time period you would generally have the right to cure the default by paying the outstanding lease balance, or you can remove all personal property and tender the property back to the lessor without potentially incuring the expense the lessor may incur to formally evict and remove personal property on its own. Going forward, after expiration of the notice period, the...

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  4. I have been injured at work a week ago and yesterday i was fired. Do i have a case?

    Answered over 1 year ago.

    1. William Howard Eikenberry
    2. John M Connell
    3. Christopher Daniel Leroi
    4. Patrick Cook-Hanalei Spencer II
    4 lawyer answers

    Assuming injury, you likely have a claim for workers' compensation. You may also have a civil claim for wrongful discharge.

    5 lawyers agreed with this answer

  5. Contractor in colorado 3 months late, not returning calls

    Answered over 2 years ago.

    1. William Howard Eikenberry
    2. Stephen Clark Harkess
    3. Christopher Daniel Leroi
    3 lawyer answers

    It appears that you have a breach of contract claim against the contractor for failing to timely complete work, and you could recoup from the contractor the cost of hiring another contractor to complete the work. Additionally, if you have paid the contractor money for work/materials not provided on the project, then there may also be criminal and civil theft claims that could be asserted against the contractor and the individuals controlling the contractor's - see C.R.S. Section 38-22-127....

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  6. Can I legally break my commercial lease in Colorado do to lack of repairs to commen facilities (

    Answered about 1 year ago.

    1. William Howard Eikenberry
    2. Christopher Daniel Leroi
    2 lawyer answers

    It may be possible to get out of the lease. I regularly handle these types of disputes, and it depends on how your lease is written, whether the landlord is reasonably addressing the repair items, impact on your business, use and enjoyment of the space, etc. You need to be thorough up front to hopefully avoid, but certainly prevail in, a lease default lawsuit brought by the landlord.

    4 lawyers agreed with this answer

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  7. I was subpoenae for a debtors exam in Colorado for a few months ago, since that time the plaintif attorney has sent me notice th

    Answered over 1 year ago.

    1. William Howard Eikenberry
    1 lawyer answer

    If you fail to appear, the attorney could ask the judge to issue a bench warrant for your arrest. Given the lack of any proof that you agreed to continue the R69 subpoena, I would think it unlikely the judge would issue the warrant, and instead will require that you be re-served. However, the judge could also find that mere notice of the rescheuled hearing was sufficent and issue the warrant. Whatever the case, if the plaintiff's attorney appears, the plaintiff will ultimately try to pass...

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  8. What happens when a certified letter pertaining to security deposits is returned due to recipient not picking it up in time?

    Answered over 2 years ago.

    1. William Howard Eikenberry
    1 lawyer answer

    The statute requires that you give notice to the landlord. As long as the letter was sent to the landlord's last known address (or other address for notice specified in the lease agreement), it should not be an issue moving forward if the landlord was not picking up mail. Save the returned letter.

    4 lawyers agreed with this answer

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  9. Can a contractor win a lien claim for charges we never agreed to?

    Answered over 1 year ago.

    1. William Howard Eikenberry
    2. Christopher Daniel Leroi
    3. Jason Carl Kennedy
    3 lawyer answers

    Mr. Leroi is correct in his assessment. He may file a lien, but as a practical matter filing a legal action to foreclose on it is really dictated by the amount at issue. If he does, you may have claims for "spurios lien" and the ability to recover your attorneys fees to deal with the lien. You probably need to contact an attorney who can ask you more questions and then advise you on how to best address this situation.

    4 lawyers agreed with this answer

  10. How should I protect my interests when I provide rent to someone in exchange for home improvment services?

    Answered over 2 years ago.

    1. William Howard Eikenberry
    2. David M. Rich
    3. Daniel Nelson Deasy
    3 lawyer answers

    At a minimum, you should consider putting a written lease agreement in place that provides a specific lease term, sets forth the scope of repairs that will be provided as rent, holds you harmless from the individual's use of the premises, and sets forth remedies upon default, including recovery of attorneys' fees.

    4 lawyers agreed with this answer