Alan Jay Feldman’s Answers

The HOA would need to formally address the issue at a meeting and agree to amend certain HOA documents in order to give this homeowner the setback asked for if it is at odds with the existing regulations. A local lawyer can help you review the HOA governance documents and minutes of the HOA meetings to make sure that everything has been done accurately.

The answer to your first question about legality would be answered in the lease between your acting landlord (tenant) and the owner of the house. If the lease between the owner and your landlord prohibits subletting, you would be correct in that your tenancy is illegal. This in itself should be good cause for you to terminate your tenancy and move out. From the rest of your story, it seems as though you have a pretty good argument for a "constructive eviction" based on the breach of the "...

You have few legal remedies if any as I believe the dog was a gift. What I would do is go and speak to these folks and try to convince them that it is in the best interests of the dog for them to give it back to you. You can work out an arrangement that you will give it back again after they get settled. This would be a fine time to reduce this potential new agreement to writing spelling out exactly what terms you would be willing to accept to give them the dog back. A good lawyer can whip...

Most every time you are injured as a result of someone else's conduct, there is a claim to be made. It makes no difference if you are disabled or strong enough to climb Mt. Everest on one foot and bare handed. My advice would be to find a reputable personal injury lawyer that is proximate to both your residence and the site of the injury. Neck injuries are serious and you need to make sure that you are compensated for all treatment moving forward. There are numerous variables in your facts...

The other attorneys who responded are correct with respect to subletting, which may not be the end of the discussion. Regarding subletting, the bottom line answer to your question is your friend's right to actually sublet to you and the lease will spell that out. If there is no sublet clause in the lease, courts will look at it through a "reasonableness" standard to determine what is reasonable. What does the lease say about number of tenants? Is there a limit? You don't have to "sublet"...

The answer to your question directly is yes, you can sue multiple defendants in small claims court. As far as the merits to the case and who may be liable, that is a complex question that can't be answered effectively from your question. In my opinion, based on your question, you would be well-advised to chat with a local lawyer and evaluate avoiding going to small claims court in favor of county court. There could be issues of warranty, damage to your house, maybe even civil theft or other...

The good thing about security deposit disputes in Colorado is that there is a clear cut and dried procedure. The best thing about them is the mandatory attorneys' fee award when a landlord has "willfully" withheld returning the deposit. Your lease may state how long the LL has to return the deposit or "an itemized accounting" of deductions (over and above reasonable wear and tear). If your lease does not address this, the LL has 60 days from the date you surrender the premises to him....

Without knowing too much about your situation, typically the landlord needs to provide you with notice to pay rent giving you 3 days to come up with it or "cure" the breach of your lease. If you don't pay in those 3 days, the landlord can evict you but you also will get plenty of notice on that process. You will either be served by someone or you will see notice placed on your door or some other conspicuous spot. If you are not personally served, the landlord only has the right to get...

Whenever there is a breach of the lease, a landlord has the right to begin the eviction process. This involved serving a Notice to Quit which is leglese for fix this or stop that or I will evict. Typically it is 3 days to do this. If the tenant doesn't stop and/or fix whatever the breach is then you can begin the process of eviction called "Forcible Entry and Detainer." This is a quick process which enables you to get these tenants out of the property. It is complicated and moves quickly so...

Unless the judgment creditor has been paid, courts will favor allowing the revival. Without knowing virtually any facts of your case I am afraid this is the best answer you can expect on your question. With respect to who the creditor can collect from (your husband), it all depends on who the original defendants were in the case that generated the judgment. If your husband was a defendant, then he is exposed, if not then no.