How long can a landlord take before pursuing debt from a previous tenant in Colorado?

I have just received a collection for $250 from a previous landlord of over 3 years prior. This landlord also kept my entire deposit at the time. According to the Colorado Statute of Limitations, can he come after me for this debt out of the blue 3 years later?

Posted in NEWS | 343 Comments

What is a good website to look for Nantucket summer rental homes?

im looking into renting a home for only a week? i need a website that is easy to look through

Posted in TOPIC | 370 Comments

Landlord already took pictures of my new apartment?

We are new to apartment renting, since we’re just college students. So we are going to move into a new apartment in Los Angeles. I am out of town, so I asked my roommate to take pictures of the apartment before we move in, so that the landlord could check off on it. I just spoke with my roommate and the landlord told him that we didn’t need the pictures, because he had already taken a bunch already. We are concerned that he has already taken the pictures and might have a problem when we move out and getting our deposit back. There could be discrepancies in the landlords pictures and ours.

When I get back to LA in about 2 weeks, we are planning to ask the landlord for a copy of his pictures. He most likely did it on a digital camera, so we’ll just copy it to a flash drive.

My question is can the landlord refuse to give us a copy of his pictures of our apartment? I’m only asking since my impressions of this landlord is that he doesn’t seem to give a crap, except about the rent.

Posted in NEWS | 370 Comments

Where are there good rental homes in the Disney World area?

I’m looking to purchase investment property for short term rentals. Which neighborhoods have houses that have the most rentals throughout the year?

Posted in TOPIC | 335 Comments

PA Eviction Notice do you have to provide one to a family member if not paying rent?

My brother recently moved in with me, he is not paying rent and did not sign a lease. Do I have to provide an eviction notice in the state of Pennsylvania to kick him out of my house?

Posted in Eviction Law | 325 Comments

Can I file an eviction if I have no lease?

Yes.  However, you will need to show what the oral agreement was about the tenancy.  How much is the rent and how often was it to be paid?  On what day was rent due?  Those facts have to be alleged in the eviction complaint and then proven to a judge.

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Do eviction cases go to court?

All lawsuits are filed with the “Clerk of Court”.  All judgments are signed by a judge.  However, not all cases go through a hearing or trial.  In fact, most evictions do not require a hearing or trial.  If the tenant fails to file an answer or fails to deposit the rent that is owed, a “default” will be entered and, following that, a “default judgment”.  For those cases where a default is entered, there is usually no hearing or trial.

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Can I hold off on a repair if I do not receive rent?

No.  The obligation to repair and maintain property is totally independent of the tenant’s obligation to pay rent.  If the tenant has not paid rent, then the remedy is to serve a three day notice.

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Do I need an attorney to file the eviction?

The eviction is a lawsuit.  It must be filed by an Eviction Company, Attorney or by the individual landlord who will then represent himself in court.

A property manager can file some evictions.  The property manager can file an eviction based on nonpayment of rent, provided the lawsuit does not seek a money judgment and provided that there is something in writing showing that the property manager has the owner’s permission to file the eviction.  Also, the property manager is only entitled to file the eviction and then submit paperwork for a default judgment to be entered.  The property manager cannot act as the “lawyer” at a hearing or file any other papers.

If the landlord wishes to file his own eviction, the clerk of court may have forms available for a small fee.

There are advantages to having an attorney handle the eviction.  The Eviction company RAS is most familiar with the eviction process and can most ably handle the filing of the required papers.  The eviction company is on the frontline, able to handle any defense asserted by the tenant and any problems that may arise.

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Can I collect late fees?

You can collect late fees only if the lease says you can.  If there is no written lease, then you cannot collect late fees.

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