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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I moved in at 1036 Glen Dale cir.Dacono. Co. The tenants

Customer Question

I moved in at 1036 Glen Dale cir.Dacono. Co. The tenants that lived here before tore walls down. The Owner of the home and I made an agreement. She is my ex wife. We agreed i would rebuild the walls do the plumming and electrical plus bring in a roll off trash ben for the trash that was here. I moved in 11-15-2015. Done the work. We agreed it would come off my rent. That never happend. I have many people that witnessed my work and expenceses. Now that gave me an eviction notice on 10-20-2016 and want me out by 10-31-2016. I have no money saved cause she never deducted anything from my rent. She invoveld her mother and now the want to file it with the courts. They arent giving me any amount of time to move out. I need help
I dont know what to do. I dont want an eviction on my record. Please someone help me. I also know they commited fraud through the leap program please help me someone. My name is***** Thank u.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 11 months ago.

Good morning Mario,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While you apparently do not have a lease agreement and under CO law you are a month to month tenant and can be given as little as 7 day's notice to terminate the tenancy, you might consider not moving out and forcing your ex-wife to sue you for eviction. When she does, and if she does, you will want to file a counter-claim against her for breach of contract and ask the court to award you all of the money that she owes you because she never decreased your rent or gave you credit for all of the work and money that you spent repairing the home.

Alternatively, you can argue that, for example, if you did $2500 worth of work and were never credited, you can argue that you in effect have prepaid rent of $2500 and if your rent is $1250 per month, you can argue that you should not be forced out until the money she owes you has been credited to future rent---allowing you to stay additional months, or you can ask the court to award you a money judgment against her for the money that she owes you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 11 months ago.

Hi,

Is there anything else I can assist you with today?

Doug