View Full Version : Lawyer in CO?
Can anyone recommend a lawyer in Colorado? I am willing to pay for advice/representation regarding a tenant/landlord dispute. :mad:
Background: I am a DOD civilian employee "living" in Colorado (movers will be loading the truck tomorrow) but was recently ORDERED back to the East Coast (my position was converted to EE and I refused to leave the ARNG so I'm being reassigned.) I signed a 48 month lease (we didn't want to move again) in July but only spent 8 months in CO. I did give 30 days notice after I received hard copy orders from the USG.
My landlord sent a formal letter requesting payment of a $37,400 penalty for breaking the lease and this amount includes $10,000 for utilities. :eek: It appears to me that he believes that he's entitled to 40 months of unpaid rent and wants part of that amount.
Any leads on good attorneys would be most helpful.
CA_TacMedic
03-15-2012, 22:41
First, I am not an attorney so take this post only as direction absent counsel. Also There are links to attorneys and mediation links on the pages I linked. I am in CA and have had run ins with landlords in the past. I have always been able to hold my own just by reading up on the state landlord / tenant laws and using that information to my benefit. Here are some links and information that might help you out:
http://www.fcgov.com/neighborhoodservices/pdf/lthandbook.pdf
http://portal.hud.gov/hudportal/HUD?src=/states/colorado/renting/tenantrights
One thing that seems to be in your benefit and would mitigate the ability of your landlord to collect that astounding amount is found on page 14/15 :
Rent Liability for Early Move-out
If a tenant moves out prior to the end of the lease, s/he is still responsible
for payment of rent until the premises are re-rented or the lease has
expired. The tenant may also be liable for the landlord’s reasonable costs of
re-renting. Lease contracts often specify who is responsible for re-renting the
premises. Landlords must make reasonable efforts to re-rent the
premises when a tenant moves out early. Without an agreement (in
writing preferably) between the parties, a landlord can sue a tenant for
eviction if a tenant moves out before the end of the lease term, due to the
fact the tenant broke the lease. The lease binds the tenant to a set amount
of time and a set amount of rent.
How can a landlord collect rent after a tenant has
vacated without permission?
The law imposes a duty on the landlord to mitigate or lessen losses when a
tenant vacates early, regardless of the reason. The landlord cannot simply do
nothing and expect to collect rent until the end of the lease period, unless
that is a short amount of time. Landlords oftentimes file lawsuits in Small
Claims Court to collect the debt from improperly vacated tenants. Landlords
can opt to turn the matter over to a collection agency, although these
companies do charge for their services (thereby reducing the amount the
landlord may ultimately collect). In these situations the collection agency will
seek a legal judgment against the tenants rather than the landlord doing it
him or herself. Collection agencies are designed to pursue all legal remedies
to collect a debt once a judgment has been entered, including tax liens and
wage garnishment. To avoid this sort of situation the tenant may want to
work with the landlord ahead of time, prior to move-out, to come up with
some sort of binding agreement that details what monies are owed and when
they will be paid. City of Fort Collins mediation services is an option for
people experiencing this sort of problem (for Fort Collins residents only).
Hope this helps.
Wallace
Hmmmmm
Is a DoD employee under orders to move given any consideration under the Soldiers Sailors act?
Hmmm
Four year lease? Most around here are 12 months then go month to month.
As you are probably aware, although GS employees are not qualified for legal assistance, if you are retired, you should be able to get some assistance.
If you are in the Springs - call Carl Graham downtown. If he can't/won't help you he can refer you to someone who can.
Thanks Jim! Pete, we signed a 48 month lease to GREAT rent but was surprised at the difficulty. Seems the landlord is seeing $$$$ because the USG is paying the penalty...just not the $37K worth!
I spoke with the JAG and my wife spoke with a local attorney here in COS. Both claimed that 2-3 months rent for penalty for early termination was normal AND the landlord is required by CO law to attempt to mitigate his loses by trying rent the place out. He has stated that he has no intention of renting it out until September.
We submitted an offer of 3 months rent, which was denied, and he countered with $17,737.50 (25% of the remaining lease) :eek: without utilities.
My HR department laughed again at his request so we're heading downtown today to meet with the attorney. We originally planned on departing today for our PCS to the East Coast but that's been pushed back.
It seems that I consider our lease as a contract for services (money exchanged for living in his house for a specified term) whereas the landlord views the lease as a promissory note (I will give him X in equal monthly payments for Y months). :confused:
Lesson Learned: ensure all leases include a civilian PCS clause (our property manager back in MD said it was common practice back there).
I really hate unnecessary drama too.:boohoo
Mitigation of damages is required everywhere, not just Colorado. Sounds like you have a real winner there. You are coming up on PCS season so if he is waiting until "September" to try to rent it out, that is a transparent attempt at gaming the season. This will get worked out. No judge is going to slam you like what the landlord wants. Judges take a dim view of folks trying to screw someone else out of things. Remember, contract actions are compensatory in nature and both parties are required to mitigate damages. You'll be fine.
Mitigation of damages is required everywhere, not just Colorado. Sounds like you have a real winner there. You are coming up on PCS season so if he is waiting until "September" to try to rent it out, that is a transparent attempt at gaming the season. This will get worked out. No judge is going to slam you like what the landlord wants. Judges take a dim view of folks trying to screw someone else out of things. Remember, contract actions are compensatory in nature and both parties are required to mitigate damages. You'll be fine.
He's waiting until Sep because that's when his HAP eligibility expires and he's required to have the house listed for at least 120 days. From my viewpoint, he's attempting to get the USG to pay his mortgage until the HAP process (USG home purchase) is finished. He's an AD Army logistics officer and was actually very reasonable when he thought I was being mobilized but when he saw that I was a USG civilian with unexpired lease reimbursement, CHA-CHING! He apparently heard the dinner bell.
I slept fine last night but the wife is in knots because, as a legal secretary, she's seen some wild and crazy stuff go through her office. I think we'll be ok.
Hmmm, wonder if they still have those "Off limits" lists for off base housing?
Might be something to look into, gather paperwork - but don't do anything until after your case is settled - and then file a complaint.
Pat Hrbacek in COS is HIGHLY RECOMMENDED! My wife had a 15 phone consult and then he met with us for an hour without ever charging or ACCEPTING any money! Great guy!
http://www.hanesschutz.com/pathrbacek.htm
We settled for $12K. Hitting the road later today.