Joshua A. Long’s Answers

Joshua A. Long

Longmont Landlord / Tenant Lawyer.

Contributor Level 7
  1. Is it legal for a disbarred attorney to represent me at my unemployment appeals hearing in Colorado?

    Answered over 2 years ago.

    1. Joshua A. Long
    2. Richard Waldron Bryans Jr.
    3. Catherine Elizabeth Bennett
    4. Michael Charles Doland
    5. Rebecca Mccormick Pepin
    6. ···
    6 lawyer answers

    If you believe your "Lawyer" is not authorized to practice law in Colorado, contact the Colorado Supreme Court, Office of Attorney Regulation. This matter falls within its jurisdiction.

    3 lawyers agreed with this answer

  2. Pipes froze while gone for a week. Landlords filed claim, claim denied due to tenant negligence without talking to tenant?

    Answered over 2 years ago.

    1. Joshua A. Long
    1 lawyer answer

    It is not clear to me whether the landlord has filed a lawsuit against you. If you were served with a lawsuit, you should consider consulting with an attorney immediately in your area who can help you. Failure to file an "answer" to the lawsuit means the landlord will win the case without having to prove his/her case in court. You cannot be "made" or ordered to pay damages UNLESS the landlord obtains a court judgment for damages against you OR you agreed to pay the damages.

    1 lawyer agreed with this answer

  3. We are renting in colorado and set up a legal grow in a room in the house and our landlord wants to do a house inspection

    Answered over 2 years ago.

    1. Joshua A. Long
    1 lawyer answer

    It may depend on your written lease and whether it references federal law. Marijuana is still illegal under federal and I have seen leases that prohibit any violations of federal criminal laws.

    1 lawyer agreed with this answer

  4. Returning Earnest Money

    Answered over 2 years ago.

    1. Joshua A. Long
    2. James P. Frederick
    2 lawyer answers

    An attorney cannot answer your questions as to your rights without reviewing your contract and the surrounding facts. When it comes to the rights of a seller, residential real estate contracts approved by the Colorado Real Estate Commission include a"liquidated damages" provision that allows the seller to keep the earnest money if the buyer is in default on the contract. This provision often applies in my experience and based on my conversations with other practitioners. The parties also can...

    1 lawyer agreed with this answer

  5. Are we legally obligated to show the house while we are under our prior lease

    Answered almost 3 years ago.

    1. Christopher Daniel Leroi
    2. Joshua A. Long
    3. Rixon Charles Rafter III
    3 lawyer answers

    You could always ask the management company for something such as a break on rent, letting you out of your lease early without any penalties, etc. in exchange for signing the addendum. But put everything in writing because a verbal assurance is worth much less if you ever find yourself in court. You might tell them it is an inconvenience to show the house and that you want something in exchange because the terms of your lease don't require you to show the house. Think of it this way in...

    1 lawyer agreed with this answer

  6. My family and I live in an apartment for 6 years and complex want to charge me 300.00 for replacing the carpet for damage carpet

    Answered over 3 years ago.

    1. Joshua A. Long
    2. Sarah Hersh Rizzolo
    3. Douglas A Thomas
    3 lawyer answers

    An apartment complex generally cannot recover damages for normal wear and tear. If you lived in the apartment for six years with the same carpet, certainly the carpet suffered some normal wear and tear over that period of time. If the complex refers the matter to a collection agency, dispute the bill. If they place the item on your credit, dispute the bill as well with the credit agencies. At that point, you also might consider conferring with a consumer law attorney. But frankly, I'm getting...

    1 lawyer agreed with this answer

  7. I am being charged a relet fee for the same amount as rent. The place was re-rented the same day I moved out,Can they charge me?

    Answered over 3 years ago.

    1. Joshua A. Long
    1 lawyer answer

    Dear Tenant: Here are some things to consider. You mentioned that you gave 90 days notice. My first question is whether you terminated your lease (i.e. moved out of the apartment) before your lease term had expired. Many landlord/tenant contracts contain a clause that provides for damages if you leave your apartment before your term of occupancy expires. I strongly recommend that you review your lease contract carefully to determine the basis for the $945.00 reletting fee. If you...

    1 lawyer agreed with this answer

  8. I believe I am victim of workplace discrimination - not sure I can prove it. Can I sue 4 wrongful termination if employer lied?

    Answered over 3 years ago.

    1. Douglas A Thomas
    2. Joshua A. Long
    3. Christine C McCall
    3 lawyer answers

    Whether you can prevail in a lawsuit against your employer depends on a number of factors, including whether you are a so-called "at-will employee" or had a contract with your company to work for a specific period of time and could only be terminated for a specific reason(s) or for "good cause." Most employees in Colorado and other states are at-will. This basically means an employee can be terminated anytime for any reason or for no reason at all. Concerning your allegation of "workplace...

    1 lawyer agreed with this answer

  9. How do I evict my tenant?

    Answered about 2 years ago.

    1. John M Connell
    2. Joshua A. Long
    3. Casey A Quillen
    3 lawyer answers

    You need to comply with Colorado's forcible entry and detainer statute. If you don't follow the proper procedures, the Court is likely to find in favor of the tenant at least for the time being and you will have wasted a lot of money and time. Failing to serve the proper notice and give the tenant the required time to pay the rent will prove fatal to your case. See link below and read carefully. If you don't understand the procedures or want assistance, consider retaining a landlord-tenant...

  10. I was an educator under contract for the school year. Fired for using days at the begining of the year. Filed unemployment

    Answered over 2 years ago.

    1. Joshua A. Long
    2. Christine C McCall
    2 lawyer answers

    If you are serious about an appeal, and need advice, you should consider contacting an employment attorney in your area and seeing if he or she would review your case, including the written appeals decision, for a free consultation or for a modest fee. An attorney is very unlikely to give you the answers you desire without examining the facts in detail and the legal basis of the appeals decision because doing otherwise would be irresponsible and in violation of our duties. You might have to...