Re: Landlord/Tenant Trial Next Week - Landlord Forum thread 330286

Re: Landlord/Tenant Trial Next Week by MrDan (Georgia) on January 25, 2015 @20:57

Just my thoughts...

You have stated previously that you had trouble throughout November, that 'The boiler company was on site almost every day trying to fix it'. This post states 'The heating company was there every day'.

On November 20, you found out they had applied at another rental property. ‘I got a call on November 20th from a landlord'

You then issued a 'Notice to Quit' under Colorado law for December 31. The legal notice states;

Pursuant to §13-40-107, C.R.S., you are hereby notified by the undersigned owner that your tenancy of the land and premises described below is terminated as of ________________________ (date) at ____________ (time) and you are accordingly notified to vacate said premises and surrender possession thereof on or before said date and time.

You stated the tenant moved out on November 29. As you can see the notice to quit says to 'surrender possession thereof on or before said date and time' which your tenant complied with by moving November 29. They might not owe December rent under Colorado law as they vacated before December per the 'Quit Notice'.

You also stated the boiler was fixed November 28. So needed repairs have taken up to at least three weeks or more to complete. It took more than the nine days you have stated.

You say "They broke their lease, didn't give me proper notice before filing their security deposit suit, and didn't follow the warranty of habitability law in which they were supposed to give me written notice about the heat problem".". They also never notified me that it was affecting their lifestyle and didn't give me a deadline".

But you also state "I offered space heaters to all tenants, as well as hotel rooms". So you did know or should have known that all tenants lifestyles were affected by not providing heat "This past November we had a very cold period". How could you not know?

"I wound up replacing it late last month ($20,000)".
"I told them to replace it as quickly as possible ($25,000)" Why two different amounts claimed?

"a PITA tenant"..."I didn't like her or her roommate".

I believe you have let your emotions get the better of you and I'm sure there's more to the story on both sides.
You could have settled this for under $2000 and now face possibly paying $4000 plus court cost, and tenants attorney fees which could add another $2000, and do not forget your own attorney.

The bad part is that word will get around to your other tenants and that will also affect your bottom line if you wind up with multiple vacancies. Sometimes landlords are their own worst enemy.

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Re: Landlord/Tenant Trial Next Week by Anonymous (CO) on January 26, 2015 @08:10	[ Reply ]

That's not how the statute reads.

Re: Landlord/Tenant Trial Next Week by Carla on January 26, 2015 @17:08	[ Reply ]

I have to agree with MrDan about the "quit notice". That's what a Quit Notice implies, that the tenant is required to move on or before a certain date. Since you dated it the end of December and posted it right after November 20th, the tenants vacated on the 29th of November. You then claimed December rent from the deposit, which you shouldn't have. That's why you are being sued.