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I am wondering what possible downside is if I fail to file…

Hi, I am wondering...

Hi, I am wondering what possible downside is if I fail to file an answer to unlawful detainer? I was wanting to terminate my lease due to the conditions at my building. Mgmt refused my last payment (which was late) and I was served on the 21st with the deadline to answer being the 28th. From the papers I was served, they are not seeking payment for the 6mos remaining in the lease. Is there a reason I should file anyway? I have recently read the horrible Yelp reviews for the mgmt company which describe many of the same conditions here at my building and discovered they have an F rating from the BBB, as well. I love in Aurora, CO, Adams County, and my mgmt company is called Acute Property Management. Thank you in advance!

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Aurora Colorado. Adams County.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The condition of my apt is the whole reason I wish to terminate lease. Not cleaned prior to move in, cockroach infestation, filthy common areas, horrible smell eminates from heater.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is it in a nutshell. There are several specifics I can discuss in regards ***** ***** conditions here.

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Answered in 1 minute by:
3/26/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,171
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 24 days ago
Please take your time and thank you.

Great, thank you!

Bear with me a moment while I review…

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,171
Experience: Licensed to practice before state and federal court
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Hi, I see you requested a phone call. I am on the phone with another customer as we speak; however, you are next on my list. So it should be within the hour and we can talk.

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Customer reply replied 24 days ago
No hurry. Thank you!

Thanks so much!

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Ok. Bear with me a few moments.

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Customer reply replied 24 days ago
No problem.

Thanks!

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Customer reply replied 24 days ago
I apologize. My phone never rang and I seem to have missed your call. I have an alternate number as well.(###) ###-#### Sorry for the inconvenience.

No problem. Let me call the alternate #. It'll come from a 619 area code.

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Customer reply replied 24 days ago
Thank you!

Thanks again for the call!

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Customer reply replied 24 days ago
I appreciate your time and advice very much, Michael. Hope you kick some butt tomorrow! Thanks again!
Thanks so much!
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Customer reply replied 24 days ago
Michael, may i ask one more question please? Just wondering which response I should choose on the answer- or rather, which you would select if in my situation. May I attach a photo of the form so you can see my 3 options? I don't need assistance to craft the response- you already told me what I needed there, I just don't want to make a stupid mistake and respond incorrectly to the court for my circumstance. I'm seeking to negotiate to leave at a date of my choosing within reason, not seeking damages, and the way the document is worded I'm unsure of which to select?
Customer reply replied 24 days ago
The Defendant:1 amount of damages claimed to be due to Plantiff is not due for following reasonsOR2 Plantiff is not entitled to possession of the property and Defendant is entitled to retain possession for following reasons (not that for sure, since I just want to move, correct?)OR 3 the Defendant asserts the following counterclaims vs named defendants...

Good question. I would probably go with #1 because if gives you a chance to assert your defense for the violation of the implied warranty of habitability.

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Customer reply replied 23 days ago
Hi Michael! Just wanted to say thank you once again for your assistance. I just posted my BBB review of you and the Just Answer service and gave it the highest possible scores. Really appreciate your help. Hope all went well today and please wish me luck with filing my answer, tomorrow AM. Your help was priceless. Thank you so much!
Customer reply replied 23 days ago
Sorry. Not sure if I can ask another follow up, but just a quick one? Do I need to file a counter suit separately to have my grievances heard in court or does my filing an answer entitle me to state my counterclaim? I checked the box on the form for the counterclaim and a cross claim which names the property management company as co-plantiff (co-defendant?) Basically asserting the property management company is lax in their duties to provide a habitable environment that includes basic upkeep, maintenance and repairs, pest eradication and the right to quiet enjoyment due to the fact I have obnoxiously loud neighbors in immediate and remote locations from me within the confines of the property.I included that info on my answer as a counter/set-off/cross claim. Is that adequate to have my case heard and considered before a judge during the imminent hearing I just answered to?

Thanks for following up. I was out of the office yesterday. So, you would need to file your counterclaim and cross claims separately. You can include any defenses on the same document as your counter/cross claims and it's just best to separate them all with headings so the court knows what they're looking at.

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