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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38212
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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We have a problem with our landlord, he is wanting to come

This answer was rated:

We have a problem with our landlord, he is wanting to come into our home when we are not home, To take pictures of the house with our personal property still in the home We are moving out by the end of the month with no place to go. He informed us of a rent increase of over $300.00 more and is demanding a security deposit of $1,400.00 all due by 11/01/17- we have been on a month to month lease for the last three years and we did NOT have to pay a deposit. Can he just come in when ever he wants when no one is present.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: We live in Colorado
JA: Has any paperwork been filed?
Customer: Sorry what kind of paperwork?
JA: Anything else you want the lawyer to know before I connect you?
Customer: The only thing we have from him is a new lease that he wanted us to look at with pout rages demands, that we had to have back to him by 10/01/17 which we chose not to sign due to the fact that we would not be able to come up with that much money.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Can he just come in when ever he wants when no one is present.

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No, he would have to give you advance notice of any entry at least 24 hours in advance before any entry, M-F, during normal business hours, typically 8am to 6pm. There is not a specific CO statute that addresses this, so it falls under common law in Colorado, which is judge made law that evolves over time.

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So you can demand that he provide at least 24 hours advance notice prior to any entry or you are free to refuse to allow him in.

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You can tell him that if he enters without 24 hours notice, you will sue him for violating your rights to "sole use and possession" as well as "quiet use and enjoyment", which are inherent rights under every lease.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 9 days ago.
Does that notice have to be in writing? He has told me via text that hw has every right to come in since he is the owner and that is well within his rights to enter and take pictures in order to list the house for rent. Not sure why he would want to take pictures since we are trying to pack so we can leave the property.

Does that notice have to be in writing?

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Since this is under common law, the landlord just has to give notice, nothing specifies how that notice must be given...so email, text, call, letter, etc. just so you are made aware of a proposed entry.

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But he is wrong that he can come in any time he wants... he has to give proper notice first..

Customer: replied 9 days ago.
it looks like we are pretty much screwed and he will be able to post our personal property on the internet or any other type of media, so that he can place a rental ad, it doesn't look like I can say no and he can just come in when we aren't at home.

Well, I guess you could look at it that way.. You could say no, but if he gave proper notice he could still enter if you weren't there. But with notice, you could at least put up anything that you didn't want shown in photos. I am sure that it will be basically one photo per room and it should only happen once...

Customer: replied 9 days ago.
Thanks for your time.

You are very welcome. Happy to help any time, even though the news wasn't great...

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Barrister and 4 other Legal Specialists are ready to help you

Hello again,

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I noticed you rated my service and then immediately got a refund.. Was there something negative about my service or did you simply decide that you didn't want to pay for the service you received?

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thanks

Barrister