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I have my apartments doing collections to pay for painting…

Customer Question
I have my apartments...

I have my apartments doing collections to pay for painting my last Apartment I was there 6yrs. Do to smoke on the walls how can i be libal. My name is*****: Because laws vary from place to place, can you tell me what state you're in?

I live in Colorado Northgleen is the city I live

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

Not at this time maintenance is bad. No one said that no smoking in your apartment. I lived in that apartment for 6yrs.

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

I have a a limited income do to my daughters disability.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/21/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,844
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Under Colorado law, the tenant cannot be held liable for "ordinary wear and tear," but if you were smoking in your apartment and smoking stained the walls, this is beyond ordinary wear and tear. Even though smoking was not prohibited in your lease, if your smoking caused the discoloration of the walls and they require painting, they could pursue you for the costs. Your defense to this would be that smoking or not if the walls had not been painted in 6 years, then they needed painting not from smoke, but from ordinary wear and tear and as such you should not be liable for that painting under those circumstances.

However, you would likely need to sue them in court for this if they are insisting on trying to collect from you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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