the property company and/or landlord is quick to say we owe money and giving out 3 day notices but the havent been keeping up with their end of the lease.maintance of the grounds,including spraying for bugs,yard up keep,plumbing repair etc.and while in the past two months we have been given us 3 day notices saying we owe them in the thousands and by their true paper work and mine we might owe them a hundred or two.giving them all the money we are unable to save money to move.i am unable to find the company whos name is on the 3 day notice and when i call the numbers i have,i might get ahold of someone,they say they would be by to work things out and the moment i live i get a new 3 day notice and i just gave them money that wasnt credited. i am at a lost,what do i do
When the landlord moves beyond the 3-day notice and files for eviction, you will need to show the judge that you have paid the money you actually owe under the lease. If you can do that, the case will be dismissed. If you are actually behind at that point, you will have to move.
The prior answer is partly incomplete.
1) ALWAYS pay rent or anything else you pay a landlord with a check or with a money order, not with cash. If you have to pay cash, refuse to pay unless they give you a written receipt for the payment, showing the company name that received the payment, what the payment was for, and signed by someone who also prints their name.
If the property is substandard, call the city and county and find the local housing authority. You can file a complaint and file a complaint (in writing, telephones and emails are not letters or complaint forms).
If the LL actually files a complaint and serves you with a summons to go to court, then you have to go to court (otherwise you default). At court prove with paper that you paid the rent. Also take photos and prove the housing code violations. You should, right now, send a letter to the landlord complaining about the property and your apartment. List all the problems that havent' been fixed. Take a copy of the letter to court.
In colorado Springs you make complaints about housing code violations by calling the Police Department Building Code Enforcement Office at 719-444-7891. You can also call the Colorado Springs Housing Authority at 719-636-1532. Colorado Legal Services may provide free legal advice at 719-471-0380. The Fountain Housing Authority is at 719-382-5639. Making the report does not relieve you of the obligation to pay your rent.
You can get a Fair Housing Brochure from the City of Colo Springs at www.springsgov.com and then start looking for the housing department information.
Finally, the Colorado Warranty of Habitability Act of 2008 provides requirements to both landlords and tenants to keep property habitable. The act establishes protections for tenants if the house is uninhabitable as defined in the act. The things under the act that cause uninhabitability are deficient roofing, walls, windows, doors, floors, stairways, railings, locks, plumbing or gas facilities, water, heating and electrical systems. Additionally, the probelm must make your premises materially dangerous to life, health or safety. YOU MUST PROVIDE WRITTEN NOTICE OF THE PROBLEMS TO THE LANDLORD TO INVOKE THE ACT. (emails are not letters). If the landlord fails to correct the problem in a reasonable time, then your remedies include injunction, lease termination and/or rent abatement. Finally, there are exceptions for some properties, and some leases can make the tenant responsible for some repairs.
You should always consult a lawyer before withholding rent.
Some attorneys sell unbundled legal services where you pay for just what you need and can afford. For example, some attorneys will give you an hour or two at a set price to review your lease and give you advice based on the law, prepare letters for you to sign, or sell the paperwork for the court filings, then you can go to court on your own, but knowing that your paperwork is correct.
A GREAT booklet on tenant rights can be found at www.dola.colorado.gov/app_uploads/docs/Renter_booklet_2009.pdf
Many cities in Coloado have landlord/tenant guides on their websites that cover the local laws, etc.
Good luck. jim
www.NeighborhoodLawOffice.com
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