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Joshua A. Long

Joshua Long’s Answers

21 total

  • How do I evict my tenant?

    I have a tenant who has been over 5 days late paying rent for 5 out of the past 6 months that he's rented from me. This month he still had not paid rent on the 12th, so on the 13th, I served him with a notice to quit based on the fact that he has...

    Joshua’s Answer

    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 attorney in Littleton. http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=28

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

    Before leaving, turned thermostat down to 65%. Pipes froze , burst. Damage to my unit and neighbors. Had 2 prior issues w/ furnace that required repair. Landlords statement is reason why furnace quit was because I didn't replace filter. I was ne...

    Joshua’s 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.

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

    I was in WA state for personal reasons and notified my employer I would be missing the first few days of inservice, I was told to report or be fired.I had 9 days to use under the contract, 2 for personal days. I filed for unemployment and won the ...

    Joshua’s Answer

    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 pay an attorney a modest fee to review your case, but it could give you some closure and a deeper understanding of your chances of success.

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  • Is it legal for a disbarred attorney to represent me at my unemployment appeals hearing in Colorado?

    I hired a "supposed" lawyer for my unemployment appeals hearing who told me that he was a retired attorney. After my hearing, when it came time for payment to be issued to him he began telling me contradictory personnal stories and informing me of...

    Joshua’s Answer

    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.

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  • New tenants moved into my single family rental home and twenty days later they started complaining about bed bugs.

    They insist that bugs were there before they moved in. I contacted my previous tenants and they sincerely deny having bed bugs at any time. They were renting for a year from me. Before my new tenants moved in, my wife and I personally prepared the...

    Joshua’s Answer

    I recommend you familiarize yourself with Colorado's warranty of habitability statute, Colorado Revised Statutes 38-12-501, et seq. This law specifies the duties of landlords to make a home habitable and the rights of tenants and procedures that tenants must follow to invoke their rights. Also, a local landlord-tenant attorney in your area should be able to advise you re: your options, rights and duties.

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  • In Denver County is a lease legally binding if just the tenant has signed the lease, but not the landlord?

    In Denver County is a lease legally binding if just the tenant has signed the lease, but not the landlord? We have a tenant who just moved in on Oct. 24 and paid the prorated monthly rent, but has not paid November's rent. We never signed the l...

    Joshua’s Answer

    An offer, acceptance of that offer and what's known as consideration is required in order to form a binding contract.

    I obviously don't know all the facts of your case since I am not your lawyer.

    However, as a general matter, a judge isn't likely to find a lease invalid solely because the landlord didn't sign it, particularly if the landlord presented the lease to the tenant.

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  • 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

    our landlord came by the house without asking permission and saw something that made him known to our basement grow and now he wants to come by tomorrow. what should i do about this situation? can he evict us or is he not able to do anything with ...

    Joshua’s 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.

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  • Returning Earnest Money

    We live in the state of Colorado. Our buyer pulled out of our contract this week. He has received information that he must occupy the property within 60 days of closing to meet lender requirements. Originally we were going to close 4 months prior ...

    Joshua’s Answer

    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 agree to give the seller the right to "specific performance" but this is relatively uncommon based on my experience at least and can prove impractical for reasons that are beyond the scope of your question. If your contract includes the liquidated damages provision I described, whether or not you are entitled to the earnest money depends on the terms of your contract and possibly other related facts in your possession. Again, you may need to consult with real estate counsel in the Denver area. See this link. http://www.colorado.gov/cs/Satellite?c=Page&childpagename=DORA-DRE%2FDORALayout&cid=1251627670428&p=1251627670428&pagename=CBONWrapper

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  • I received a motion for default judgment in a case that was dismissed without prejudice at Plaintiff's costs 2 years ago.

    Previously Dismissed Case - 10CV167240 in the court of common pleas, Lorain County Ohio. Ex-father in-law was sued due to non-payment of mortgage in 2009-2010. I signed a release of dower for this mortgage. The case was dismissed - I have the d...

    Joshua’s Answer

    If these cases are in Ohio, you need to consult with an Ohio attorney who is competent in this area. You may reside in Colorado but a Colorado attorney who is not licensed in Ohio cannot provide you counsel. I realize this doesn't answer your question but it should provide you a starting point.

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  • Can I break my lease and get my deposit back if I find mold in my house.

    There is mold in the window seal in the bedroom and I believer there is mold in the crawl space above the house there are several areas in the ceiling where water damage has occured the property managment has only retarred the roof to fix the leak...

    Joshua’s Answer

    I would look into Colorado's warranty of habitability statute (Colorado Revised Statutes 38-12-501, et seq.). This law relates to the duties of a landlord to make a home habitable and what remedies the tenant has under the statute if a landlord is in breach of his obligations. (Law also deals with some of the tenants obligations as well regarding maintenance of the premises). In order to invoke this statute, you must follow certain procedures. Read statute. Good luck.
    You should be able to read the law here. http://www.lexisnexis.com/hottopics/Colorado/

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