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William Howard Eikenberry

William Eikenberry’s Answers

29 total

  • Is a seller required to disclose pertinent public hearing notices to a prospective buyer?

    We bought a house and it was not disclosed that the farm across the road was planned to convert into a 430 acre planned unit development and our facing street would be widened to accommodate. At least 2 different public hearing notices were sent t...

    William’s Answer

    I regularly handle these types of property disclosure claims. At first blush, it would seem there would not be a negligence or misrepresentation claim, as this information would be a matter of public record. However, you may have a good breach of contract claim, and that will depend on how the seller filled out the Seller's Property Disclosure Form, if there was one exchanged in the transaction. Feel free to give me a call to discuss.

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  • Tenants moved out in the middle of the night leaving some personal belongings and owing rent not sure what to do next

    we had a one year lease, they also left owing utility bills and the place was a mess can we sue them or get a judgment against them and what about there belongings

    William’s Answer

    Yes. You will need to talk to an attorney about the damages, but generally you can recover the balance of rent due, subject to your obligation to re-lease the property within a reasonable time, plus damages to the premises, normal wear and tear excepted, plus clean up costs plus utilitty bills, less any securiity deposit (which you will need to account for - see C.R.S. 38-12-102). Your lease may also allow you to get a judgment for your attorneys' fees expended pursuing the judgment and collection thereof. Question is whether the former tenants are collectible and whether you can find them. Regarding the personal property left behind, unless the lease contains some provisions on treatment of personal property left after abandonment, you probably have to follow the notice requirements in C.R.S. 38-20-116, or you could go forward with a formal eviciton process (whcih you can serve by posting) to obtain a Writ of Restitution. Once the Sheriff serves that the statute allows you to do anything you want with the personal property.

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  • Should I pay in full for the stucco contractor work that is not meet the contract to prevent liens against to the house?

    We paid half for the re-stucco contract of our house. Originally we had 3/4" thick three coats application stucco (scratch, brown, and TRADICTIONAL stucco finish coat), and we agreed to re-stucco the same. The contractor realized later that it wil...

    William’s Answer

    If the work does not conform to the agreement then generally speaking the homeowner would not need to pay for the non-conforming work. However, a more definate answer would require more discussion. If the contractor files a lien for an amount greater than is due without a reasonable possibility that said amount claimed is due and with the knowledge that said amount claimed is greater than that amount then due, and that fact is shown in a legal proceeding, the contractor forfeit all rights to such lien, plus the contractor is liable in an amount equal to the costs and all attorney's fees.

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  • Can I legally break my commercial lease in Colorado do to lack of repairs to commen facilities (

    the Elevator is is not working and was shut down by the fire department due to a intrapment and has not been repaired for over a month. the lighting in the common hallways and stair wells are not working. we have 3 years and 10mounths on a 4 y...

    William’s Answer

    It may be possible to get out of the lease. I regularly handle these types of disputes, and it depends on how your lease is written, whether the landlord is reasonably addressing the repair items, impact on your business, use and enjoyment of the space, etc. You need to be thorough up front to hopefully avoid, but certainly prevail in, a lease default lawsuit brought by the landlord.

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  • I served an intent to file a lien and added court fees to the total amount owed. Does this invalidate the lien?

    Do I have to start over or can I serve the lien statement with the correct amount owed?

    William’s Answer

    Your lien amount can include interest, but not court costs. So, the inclusion of costs will render the lien excessive, and my subject it to being invalidated if challenged in court (if you pursue lien foreclosure). Consider just crossing out the current amount stated in the lien, write in the new amount reduced for the costs, and record it like that.

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  • Can a contractor win a lien claim for charges we never agreed to?

    After 5 days of work, I paid my drywall contractor for what he had done so far. He signed a partial lien waiver. He worked 2 more days, including a side project we agreed he would do for added cost. Then he said he needed to nearly double our agre...

    William’s Answer

    Mr. Leroi is correct in his assessment. He may file a lien, but as a practical matter filing a legal action to foreclose on it is really dictated by the amount at issue. If he does, you may have claims for "spurios lien" and the ability to recover your attorneys fees to deal with the lien. You probably need to contact an attorney who can ask you more questions and then advise you on how to best address this situation.

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  • I have been injured at work a week ago and yesterday i was fired. Do i have a case?

    my trainer was on a forklift and a big metal tray fell on my leg

    William’s Answer

    Assuming injury, you likely have a claim for workers' compensation. You may also have a civil claim for wrongful discharge.

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  • Can a corporation/officer represent itself in an eviction lawsuit or do we need a lawyer? We need to evict on a house we rent.

    We rent out a house on property we own. We are starting the eviction process and was told we cannot represent ourselves in the eviction lawsuit because we are a corporation (a credit union). Can an officer represent us or do we have to hire an a...

    William’s Answer

    Only certain closely held entities are permitted to be represented by an officer who is not an attorney. So, it would appear that the CU will need an attorney.

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  • Is my tenant entitled to a deposit return in this situation, or am I entitled to keep the deposit?

    I rented a home to tenets who signed a lease and paid a deposit. They have not yet moved in. They called me and said they found another rental and would like to withdraw from the lease and have their security deposit returned in full. When they...

    William’s Answer

    Sounds like you have a signed lease. If it is not contingent on move-in, then it would appear that they owe you rent until you can re-let the home. Colorado law provides that a landlord can withhold deposit to pay unpaid rent, unpaid utilities, repair work, or cleaning contracted for by the tenant.

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  • Will getting a lawyer for my workers comp claim get me fired?

    Been with the same company for 10 years.. got hurt at work.. just had surgery. . Will hiring a lawyer for my claim get me in trouble with the company or get me fired

    William’s Answer

    If you feel that you need a lawyer you should hire a lawyer. Having handled many work comp cases the employer is usually carfeful not to fire the employee- In Colorado , it is considered to be a violation of public policy for an employer to fire an employee for filing a work comp claim. I would suggest that hiring an attorney to pursue an employee's right to work comp benefits falls within that protection.

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