* Tenants need help asap *

* Tenants need help asap *

Member since 2022 · 47 posts · 12 votes

My In-laws had found a rental last year after over a year of looking and after 7 months on the lease were just sent a notice of early termination on the lease. They are not behind on rent, they pay each month on time and have no breached any agreement on the lease, and acknowledged by the landlord in the notice. After moving into the property in the summer 2021 they began to notice so many things were not quite as they seemed, any many never disclosed by the landlord. They documented each event/item and notified the landlord when they’d come up. 

The house is on well/septic and the storage tank runs out of water every day. It’s enough for a bath and a single load of laundry before it runs out. 

The deck is decades old and literally falling off of the house, which is their access to the front door

There has been an existing mice infestation since moving in and throughout the winter. So they are in the walls and floors, not just a seasonal mice issue typical with some rural homes. 

Water pipes freeze and have burst at least once, luckily they were home

outlet under sink caught fire, again lucky they were home

power is knocked out regurally from weather elements

downstairs rooms receive no heat from hvac system and is in the single digits without using a space heater

the wall heating elements downstairs have been broken, replaced and broken again, and was told they cost 500-700 a month in electricity to keep the placed moderately warm

the list goes on and on, and they have notified the landlord of each occurrence. To me it seems theres a warranty of habitability issue, especially with kids in the home. (Their kid sleeps upstairs since its too cold in their room). 

The landlord hasn’t addressed any of the afformentioned issues short of the mice (which terminix was called 3 times but never actually showed up) and so mice are still an issue. And they are neat freaks, its not a dirty house

The water burst and they were there to help the plumber, who evidentially cut a live line feeding the under sink outlet, which they had to then fix themselves.

While waitin to hear back from the landlord about the mice and other issues for months it seems, they just received a notice from landlord to terminate lease early because he prefers to move back into the house and DYI everything before listing it. No, the house is not currently listed

Their lease is through July this year and were given notice on 3/5 to leave by 4/30 with an “apology and promise” of a great recommendation to the next property. 

In the lease it doesn’t state anything specific about early termination to sell property, just the 30 day/60 day notice clause and that landloard can terminate early for any reason. 

It’s my understanding that landlords cannot terminate a lease for “any reason” and if not explicitly stated in the lease, any changes to said lease have to be agreed on and signed by all parties to the original contract. Is this not correct? They need assistance but aren’t so savvy when it comes to where to ask sometimes. If theres anyone with some legal chops in this field of Colorado Law, please contact me. They have just over a month to eithe find a place or dispute this. I feel they should at least have their moving expenses taken care of, if not completely relocated at the landlords cost, given their notice was haste and a breach of contract. Thank you, especially if you read all the way through this haha

Cheers!  

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Quote from @Seth Kristian:

My In-laws had found a rental last year...

It sounds like a lot of these problems should have been obvious from the beginning, so your relatives are at fault for renting it without investigating more closely. More importantly, I wonder why they insist on staying when the place is such a disaster. If the health and safety of their children is at risk, aren't they being negligent by staying in the home?

They should take this as an opportunity to escape a bad situation and start fresh.
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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    If the landlord is wanting to move back, there isn't much you can do.  check the local laws, but most areas allow for termination of the lease if the owner (or immediate family member) wants to use it.

    From your description it sounds like the place has lots of problems.  I'd tell your parents to move and find another place.  Check the local rules, but in some areas if the landlord terminates the lease so they can use it (or sell it), they have to give the tenant's one month free rent (or the equivalent) provided they leave on the agreed upon date.

    Even if he waited until the lease was up to move back, your parents would still need to move in a few months.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Seth Kristian:

    My In-laws had found a rental last year...

    It sounds like a lot of these problems should have been obvious from the beginning, so your relatives are at fault for renting it without investigating more closely. More importantly, I wonder why they insist on staying when the place is such a disaster. If the health and safety of their children is at risk, aren't they being negligent by staying in the home?

    They should take this as an opportunity to escape a bad situation and start fresh.
    The DIY Landlord Book4.7247 Reviews
  • Member since 2022 · 47 posts · 12 votes
    4y
    Quote from @Theresa Harris:

    If the landlord is wanting to move back, there isn't much you can do.  check the local laws, but most areas allow for termination of the lease if the owner (or immediate family member) wants to use it.

    From your description it sounds like the place has lots of problems.  I'd tell your parents to move and find another place.  Check the local rules, but in some areas if the landlord terminates the lease so they can use it (or sell it), they have to give the tenant's one month free rent (or the equivalent) provided they leave on the agreed upon date.

    Even if he waited until the lease was up to move back, your parents would still need to move in a few months.


     Thanks Theresa, so I should’ve had more details but its not that the owners want to move back, its that they dont want to fix the issues with the house. They actually live in Durango and have no plans to move back, but want to terminate the lease in lieu of holding up to their responsibilities per the lease, and any other lease I’ve ever been party to. This was a preemptive attempt to send notice before they filed a warranty of habitability notice against them. Which to my understanding they never even mentioned so is just speculation on my part. Also do you know where the one month of rent is cited in the Colorado statutes by chance? I had seen something similar as far as landlords paying damages to tenants for an unlawful or retaliatory termination of the lease. I thought these were state laws as well, not subject to local differences i.e., county by county. Thanks Theresa! 

  • Member since 2022 · 47 posts · 12 votes
    4y
    Quote from @Nathan Gesner:
    Quote from @Seth Kristian:

    My In-laws had found a rental last year...

    It sounds like a lot of these problems should have been obvious from the beginning, so your relatives are at fault for renting it without investigating more closely. More importantly, I wonder why they insist on staying when the place is such a disaster. If the health and safety of their children is at risk, aren't they being negligent by staying in the home?

    They should take this as an opportunity to escape a bad situation and start fresh.

     I wish i had a brief answer for that. The market is absolutely crazy and will be getting worse here in the next few months. They JUST went through the moving process last summer and from what i gather were willing to do it again, provided they find another house. Im not understanding how any of that has to do with the law insofar as no-fault termination of a lease without signatures from all parties to the lease. 

    The house actually looks nice on the inside and a vast majority of the issues wouldn’t have revealed themselves to anyone outright. The house had been occupied by a family of 8 ppl at the time they toured it. It’s a 2bd 2 ba btw… The mice are in the walls and floors, the deck isn’t even something on a tenants punch list when moving in, however they did notice first day and notified the owner. Leaking pipes in the walls were covered up, they couldn’t tell the hvac didn’t feed the downstairs until they realized the registers on the walls didn’t actually lead anywhere. They’re fake. and it was summer when they moved in and had no way to tell it would be in the single digits downstairs, esp after the walls units stopped working. They want to leave and were planning on it in July, hoping that was enough time to find a new place. Now they have a month  and a kid in school..  I’m trying to find more legal insight into the problem but thank you for the reply!

  • Developer · Youngstown, OH · Member since 2019 · 129 posts · 121 votes
    4y

    I can't even imagine a landlord that would knowingly rent a 2 bdrm to 8 ppl, that's nuts. 

    Their best bet is to find some place to live ASAP. And they should consult an atty, but I would say stop paying the rent at this point, because they aren't going to get a deposit back from this landlord. If they paid a deposit, let it cover the last month. And they need to leave the house as clean as possible  and take pictures. I know that's not the answer you wanted to hear, but what it would cost them to take this to court for a case they may or may not win, isn't worth it. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y
    Quote from @Seth Kristian:
    Quote from @Theresa Harris:

    If the landlord is wanting to move back, there isn't much you can do.  check the local laws, but most areas allow for termination of the lease if the owner (or immediate family member) wants to use it.

    From your description it sounds like the place has lots of problems.  I'd tell your parents to move and find another place.  Check the local rules, but in some areas if the landlord terminates the lease so they can use it (or sell it), they have to give the tenant's one month free rent (or the equivalent) provided they leave on the agreed upon date.

    Even if he waited until the lease was up to move back, your parents would still need to move in a few months.


     Thanks Theresa, so I should’ve had more details but its not that the owners want to move back, its that they dont want to fix the issues with the house. They actually live in Durango and have no plans to move back, but want to terminate the lease in lieu of holding up to their responsibilities per the lease, and any other lease I’ve ever been party to. This was a preemptive attempt to send notice before they filed a warranty of habitability notice against them. Which to my understanding they never even mentioned so is just speculation on my part. Also do you know where the one month of rent is cited in the Colorado statutes by chance? I had seen something similar as far as landlords paying damages to tenants for an unlawful or retaliatory termination of the lease. I thought these were state laws as well, not subject to local differences i.e., county by county. Thanks Theresa! 

    In the original post you said "they just received a notice from landlord to terminate lease early because he prefers to move back into the house and DYI everything before listing it."  That seems reasonable.  Do you or your parents have the money or the desire to buy the property?  If not, then your parents will need to find another place.
    There must be resources for tenants in CO, try calling one of them and asking if there is recourse, but the landlord can sell the property while it is rented.
    They have almost 2 months to find a place.  Maybe they can find one sooner and live in a better place.
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    https://cdola.colorado.gov/leg...

    That's a website with some legal resources your parents can try. It sounds like they want to insist on staying and insist on getting everything fixed, but the Landlord doesn't want to play along. You'll need an attorney to help navigate/fight this.

    The DIY Landlord Book4.7247 Reviews
  • Real Estate Agent · Grand Junction, CO · Member since 2015 · 1k+ posts · 736 votes
    4y

    @Seth Kristian There is something called a "constructive eviction" where some damage(s) render a property uninhabitable. There is also a landlord obligation called a "warrant of habitability". It sounds like this landlord may have grounds for cleaning house (so to speak) but has maybe gone about it with the wrong paperwork. I know you feel sympathetic for your in-laws. Put your energies into helping them find a more suitable long term rental and move on. Let this out of town property owner deal with the issues without having to tiptoe around tenants. 

  • Member since 2022 · 47 posts · 12 votes
    4y
    Quote from @Theresa Harris:
    Quote from @Seth Kristian:
    Quote from @Theresa Harris:

    If the landlord is wanting to move back, there isn't much you can do.  check the local laws, but most areas allow for termination of the lease if the owner (or immediate family member) wants to use it.

    From your description it sounds like the place has lots of problems.  I'd tell your parents to move and find another place.  Check the local rules, but in some areas if the landlord terminates the lease so they can use it (or sell it), they have to give the tenant's one month free rent (or the equivalent) provided they leave on the agreed upon date.

    Even if he waited until the lease was up to move back, your parents would still need to move in a few months.


     Thanks Theresa, so I should’ve had more details but its not that the owners want to move back, its that they dont want to fix the issues with the house. They actually live in Durango and have no plans to move back, but want to terminate the lease in lieu of holding up to their responsibilities per the lease, and any other lease I’ve ever been party to. This was a preemptive attempt to send notice before they filed a warranty of habitability notice against them. Which to my understanding they never even mentioned so is just speculation on my part. Also do you know where the one month of rent is cited in the Colorado statutes by chance? I had seen something similar as far as landlords paying damages to tenants for an unlawful or retaliatory termination of the lease. I thought these were state laws as well, not subject to local differences i.e., county by county. Thanks Theresa! 

    In the original post you said "they just received a notice from landlord to terminate lease early because he prefers to move back into the house and DYI everything before listing it."  That seems reasonable.  Do you or your parents have the money or the desire to buy the property?  If not, then your parents will need to find another place.
    There must be resources for tenants in CO, try calling one of them and asking if there is recourse, but the landlord can sell the property while it is rented.
    They have almost 2 months to find a place.  Maybe they can find one sooner and live in a better place.

     typically that's correct, the issue is that the issues were reported long before a notice of early termination and since the response was to terminate early in lieu of repairs it could fall into a warrant of habitability issue and considered retaliatory. Theyre happy to move but they're trying to find out whether they should raise that claim and demand the landlord cover relocation costs. They have consultations setup with a couple attorneys this week so hopefully that will shed some more light on their options. I think they're a little too worried about confrontation and don't like to burn bridges unless necessary 

  • Member since 2022 · 47 posts · 12 votes
    4y
    Quote from @Nathan Gesner:

    https://cdola.colorado.gov/leg...

    That's a website with some legal resources your parents can try. It sounds like they want to insist on staying and insist on getting everything fixed, but the Landlord doesn't want to play along. You'll need an attorney to help navigate/fight this.

    Exactly. I'm going to forward the link, Thanks Nathan!! 
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