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I phoned police and filed a complaint on the tenants who live directly above me.

Denver, CO |

After filing a complaint I emailed the management company (twice) to inform what I have been experiencing. Loud music and television, frequent partying on their balcony over my bedroom window, slamming doors, stomping on the floor and banging on the walls. After this, I received and notice to vacate. Also, the management was working with me to catch up some back rent, even so, I was also serviced with a demand for payment. I am pretty sure there is nothing I can do about the payment...but isn't the notice to vacate "illegal retaliation"?

Attorney Answers 1

Posted

Enforcing the contract you signed is not illegal and does not constitute illegal retaliation. If you are actually behind on your rent, the landlord is generally not required to give you time to catch up. You could attempt to argue that the landlord waived their right to timely rent by entering into an agreement with you, but unless you provided additional consideration for the agreement (such as agreeing to pay extra in exchange for the additional time) then the agreement is likely not binding.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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2 comments

Asker

Posted

I was not behind on my rent. The landlord was in agreement since the beginning to the arrangement. I have a right to phone police when my right to a peaceful environment is violated. He took displeasure to my action. He specifically said "I am not gonna have you calling police on my tenants" . Obviously, his actions were motivated due to this.

Asker

Posted

To clarify...I satisfied the demand for payment in full. Still, an arrangement was made prior to these actions.

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