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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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In Colorado, as Plaintiff I filed a claim against a landlord

Customer Question

In Colorado, as Plaintiff I filed a claim against a landlord for breach of a commercial contract lease. The Landlord then counterclaimed with an FED. According to CO law, the defendant was entitled to an immediate hearing for possession, while my original claim was not heard until a year later at what point the judge commented that there was no way that he would reverse his earlier ruling.Can you tell me what CO court rules or constitutional rulings can be applied to argue that having the counterclaim hearing prior to the hearing for the original claim prejudiced the original claim. I am representing myself pro se and the case is on appeal with the Colorado State Appellate Court.
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 9 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

What was the nature of your counterclaim and how did it relate to the landlord's claim for immediate possession?

Customer: replied 9 months ago.
The nature of my claim original against LL was for breach of contract. The LL counterclaimed for possession. Both claims were over the terms of the contract. CO law allows a possession hearing to happen immediately, which we lost, and my original claim was not heard until over a year later.I believe hearing the counterclaim first prejudiced the judge, who stated he would not be reversing his judgment on the counterclaim, before ruling on the original claim.
Customer: replied 9 months ago.
the defendant's counterclaim was heard first.
Customer: replied 9 months ago.
Can you please opt out?
Expert:  Maverick replied 9 months ago.

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.

Expert:  Maverick replied 9 months ago.

How are the facts that supported the LL's claim for possession related to your original claim against the LL?

Why is there an issue of prejudice here since the judge had to make some factual determinations at the possession hearing which both side could have influenced at that time?

Customer: replied 9 months ago.
The LL's claim for possession were based upon the same contract that we complained the Landlord breached. The breach was considered until a later trial.CO law allows for an FED (the LL's counterclaim) to be heard immediately. If the original claim and counterclaim had been combined in one hearing then evidence and arguments for both could have been heard at the same time.Typically a counterclaim is heard at the same hearing as a claim. I am looking for CO or US law or decisions that support that either 1) the judge's decision to hear the counterclaim apart from the original claim or 2) the CO law allowing the FED hearing to be held immediately despite a previous filed complaint are unconstitutional or prejudiced the original complaint.Can you provide that?
Expert:  Maverick replied 9 months ago.

I am sorry, but I do not agree with your position that there is any prejudice here. If the court had to make some factual determinations at the possession hearing, then those same factual determinations should apply to your counterclaim if there is an overlap between the two claims as you suggest. Since both sides had an equal opportunity to influence those factual determinations, there is no prejudice irrespective of the order in which the two claims were decided. I know this is not the answer you want to hear so I will opt out and let another expert try to assist you.

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