I'm the plaintiff in Colorado county court, and the defendant's answer does not challenge all but one of the facts in my claim, and that last claim he is ambiguous about. However, the defendant sent me an email a few months ago that would show he ...
County Courts in Colorado generally will not entertain Motions. You can make your Motion Verbally on the day of trial before the Court begins to hear evidence.
Good luck - You may want to consider hiring an attorney at least for a couple of hours to prep for trial.See question
I filed a small claims suit against defendant. He included a counterclaim with his answer that kicked the case up to county court. Do I need to now file an answer to the counterclaim, or can I wait for trial?
In Colorado County Courts the Counterclaim will be addressed at trial, no need to file a written answer. But be prepared to defend against it.
Consider hiring an attorney for an hour or to prior to trial to assist you in preparing to present your case and defend yourself.See question
My husband and I moved into our townhouse last November we signed a six-month lease which was up in May and our landlord never gave us another lease, so we have just been doing month to month. It is now September and we had an opportunity to purc...
The break lease fee is only enforcible if contemplated in your lease. If you are truly on a month to month status and you have given proper notice of termination, this will make the break lease fee even more difficult to enforce.
You should not pay your last month rent twice.
The landlord will deal with these demands when accounting for the security deposit, at that point you will have an opportunity to formally dispute the charges.
Good Luck!See question
I'm looking for an attorney to represent me and my merchant banking firm as Plaintiffs in a RICO Action filed in Colorado Federal District Court. I'm having difficult identifying lead counsel because the defendants include Heller Ehrman LLP and s...
I recommend you interview attorneys from mid-sized firms in the Denver area who have experience in Dist. Court.
Ask for a case evaluation.See question
I have been renting a home now for 9 months.on my second lease but this lease is option to buy and it is not up for 10 more months. I have put alot of work into home. Cleaned up property, new carpet in bedrooms, and new paint for whole house. We h...
Based on your Option to Purchase you may have some leverage against your landlord/seller. I recommend you contact an attorney to discuss the facts and your options in detail.
As for the seller's bank working with you, that may be a good business decision and but the lender has no legal duty (and likely will not even speak to you because you are not the customer) work with you. But, you may be able to work with the seller to have your rent sent directly to the lender.
Good luck!See question
I faxed 2 roommate tenants A and B, the exact same lease that named both side by side on the lease/tenant line. They each signed their copy and faxed it back, dated 2 days apart. Lease also states, "Although all adult occupants are bound by all...
The joint lease has or is end(ing) and a new lease is being signed. The new lease is not related to the original lease. I recommend you account for the security deposit for tenants A and B then demand Tenant B place new security deposit in full for the new (replacement lease).
Good luck!See question
Is it appropriate for me to file a counter motion for denial of this motion (with justification) immediately and prior to the judges consideration?
The Judge has considered, that his how the Default Judgment was entered.
If you have justification and are timely you may win a motion to set aside default judgement.
You also may want to consult an attorney if you intend to continue in this litigation.See question
She is student with no income . She was informed to pay app fee , and guarantor fee prior to July 22 or lease could be cancelled. She did not and thought that was end of it . Now in sept , she is Informed she owes 1 year lease monthly rent plus a...
These fees normally do not prevent an agreement from being enforcible if it is signed. However, there may be additional facts such as what appears to be collection of rent for the past 12 months after the property was returned to owner. I recommend she sees an attorney to review all the facts especially if landlord brings suit for damages.See question
Commercial real estate, personal guaranty limited to 1 year. I wonder if that is why LL did not attach? Claim is for unpaid rent but we could not vacate premises by the month's end due to a storm, and LL did not get snow removed from driveways so...
It is hard to answer without seeing the docs discussed. But, a few points:
Attorney fees - Can be recovered if the contract contemplates attorney fees.
If the lease is with the LLC and you are not a guarantor of the lease it will be difficult for the landlord to obtain a judgment against you personally.
The snow removal issue may create a defense to charges for rent.
This appears to be a complicated commercial lease issue you should schedule a live consultation with an attorney to discuss the specific facts.See question
Her daughter is moving back and wants her condo back. I pay my rent and have broken no rules. I signed a new lease in may and they want to move in February.
Until your lease expires and/or is properly terminated your landlord does not have the right to demand you return possession of the property.
You may want to consider having an attorney contact your landlord to explain the obligations incurred under the lease.See question