Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My apartment building was purchased in early February and by…

Hi. My apartment building...

Hi. My apartment building was purchased in early February and by late February all tenants were informed we had to be out by March 31 with no flexibility. I paid first and last months' rent when I moved in (about 7 years ago). What can I do to be sure I get that last month's rent back in a timely manner, hopefully right when I move out and give up the apartment?

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

Denver, Colorado

Lawyer's Assistant: Has any paperwork been filed?

They posted a "Notice to Quit" on Feb. 28

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 hours by:
3/11/2018
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 4,655
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
.
Give me just a moment to review what you've written.

Ask Your Own Real Estate Law Question

When does your lease expire?

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
I don't have a lease currently; I am month to month. I've had two 6 month leases during my tenancy, but have been monthly for at least the past year. I don't expect to be able to resist the order to quit, but I would like to guarantee the return of the 'last month's rent' I paid as a deposit when I first moved in. The new owners, Jewel Partners, LLC, and the new management, Apartment Management Consultants, LLC (AMC), have been nothing if not cut-throat, and, to the mind of most of the residents here in the Alpenhaus Apts,, have acted in rather bad faith. I did pay rent for March, but need to vacate on March 31. Do I have any leverage to get/demand my last month's rent when I vacate? The new owners are planning a major renovation, so the condition of the apartment should not figure in. Let me know if you need more information and thank you for your response.

So you're being forced out, essentially - right? And you have decide to vacate on 3/31 as asked. Which means there is no basis for them to hold on to your last month's rent unless there is damage to the apartment (even though the condition of the apt should not factor in, it certainly can, b/c deposits are meant to address apts that are not left with just normal wear and tear. I get your point though, since they're planning on doing a major renovation anyway). I don't know that you need to "demand" last month's rent until and unless you don't get it back!

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
Thanks for your answer. A couple quick points. I have been battling an infestation of bed bugs since last summer. The previous landlord/owner made agreements with me to replace all the flooring once it seemed the bugs were cleared out. I then undertook, with his knowledge and approval, a course of action which included the spreading of diatamaceous earth and the creation of boundaries with it. It has been largely effective, though not completely. I have very few bugs left which I see (though I know there may be some nesting). This means that there is more than normal wear and tear were the situation normal. There are other things which the past owner agreed to do and just never did, all of which I consider normal maintenance wear. Second, how long should I expect to wait for the last month's rent to be returned before I then demand its return. By May 1, I will be up in the mountains for a work project. I really don't trust these new owners/managers. They have been underhanded, fundamentally dishonest, and have acted in bad faith and an underhanded way. How do you think I should proceed with communication about this issue so it doesn't become a forever project? Thank you.

Even though you're under no obligation to do so, you can send a letter stating that you will be moving out 3/31 and would like a walk through to confirm that the status of your apartment is such that you're entitled to a full refund of your deposit. That way you at least put them on notice that you understand your rights regarding your deposit.

Ask Your Own Real Estate Law Question

And this is the law re: return of deposits in CO: "Deadline for Returning Security Deposit: One Month, unless previously agreed to other deadline but never more than 60 days. (C.R.S. 38-12-103) If hazardous conditions force tenant to vacate, Landlord must return the deposit within 72 hours (excluding Saturday, Sunday, and Holidays) (C.R.S. 38-12-104)." https://www.landlordology.com/colorado-landlord-tenant-laws/

Please let me know if I've answered your question. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

Olivia Kent
Category: Real Estate Law
Satisfied Customers: 4,655
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified
Olivia Kent and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
Dear Ms. Kent: You did indeed answer my question and I appreciate it. I just submitted a 5 star review for you and will feel free to follow up if I have any further questions or issues.

Thank you so much for your rating! I’m here if you need anything :-)

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Olivia Kent Your Own Question
Olivia Kent
Olivia Kent
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 4,655
4,655 Satisfied Customers
Experience: Executive Director at Neurogenx Nerve Center of Princeton

Olivia Kent is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Anew company purchased my building. They left notices on our
Hi Anew company purchased my building. They left notices on our doors on January 30th in the evening that we were not required to move out, but they were raising my rent by $350 and if I did not want … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Three tenants with a one-year lease from 8/1/15- 7/31/16
Three tenants with a one-year lease from 8/1/15- 7/31/16 received a 14-day notice to quit on March 17,2016 from the landlord for non-payment of March rent, arising from a dispute over which party was … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I gave 60+ days notice to vacate my lease had 3 months
I gave 60+ days notice to vacate my lease had 3 months remaining. I gave notice 11/27/15 vacate 1/29/16. On 12/17/15 my apartment was flooded so bathroom walls torn out left in this caution until 1/6/… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Re: Return of Entire Security Deposit Upon Vacating Property.
Re: Return of Entire Security Deposit Upon Vacating Property. I live in Kings County, Brooklyn, and own a 3-family apartment building. My tenant moved out 2/7/2015. Although originally we had a 1 year… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Hello, I live in Denver Colorado and just informed the leasing
Hello, I live in Denver Colorado and just informed the leasing office of my building that I intend to move, and gave them a 60 days notice. Despite the fact that we are allowed to rescind our contract… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Good Afternoon, We live in California, and recently vacated
Good Afternoon, We live in California, and recently vacated a house that we rented for a year and a half. After the first year, the lease expired and we just paid her month to month (a sort of gentlem… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
Our daughter has lived in an apartment for 7 months. Her lease
Our daughter has lived in an apartment for 7 months. Her lease was up this month, she was told she had to go either month to month (for an additional $200 per month) or sign another 7 month contract. … read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
My daughter signed a one page lease agreement to rent a room
My daughter signed a one page lease agreement to rent a room from owner/roommate in a townhouse. "Term: The term of the lease is for 10 full months to commence on 7/1/2011 through 5/31/2011. Early mov… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We have rental units in california. For the security deposit, 1)
We have rental units in california. For the security deposit, 1) how much that we could charge for security deposit? 2) do i need to pay interest for the security deposit to the tenant? Thanks!… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Recently I vacated apartment 1428 on 28th Feb 2011 by giving
Recently I vacated apartment 1428 on 28th Feb 2011 by giving 2 month notice. I formally visit apartment office for my final statement for move out and when I looked at the paper I was shocked. The fin… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My tenant just abandoned my rental property last March 8.
My tenant just abandoned my rental property last March 8. He sent a February rent check but since I was busy, I was only able to bring it to the bank on Feb. 28. I found out that I could not en cash t… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,946 satisfied customers
Hi, I live in Ct. I served my tenant on Feb.9 with a notice
Hi, I live in Ct. I served my tenant on Feb.9 with a notice to quit possession by feb. 28th. There is no written lease. She has informed me that she is moving out in mid March but did not give a speci… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
Were in our NYC apartment lease until September 30, 2011.
We're in our NYC apartment lease until September 30, 2011. However, we had to move for work in February. We gave written notice in the middle of December, 2010. The landlord listed our apartment immed… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A 30 DAY EVICTION NOTICE WAS GIVEN ON FEB 7 2010.THE TENANT
A 30 DAY EVICTION NOTICE WAS GIVEN ON FEB 7 2010.THE TENANT LEFT ON FEB 28 2010.THE TENANT BELIEVES NO MONEY IS DUE FOR THE EXTRA 7 DAY BECAUSE THE EVICTION NOTICE SAYS TO LEAVE ON OR BEFORE MARCH 7 2… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
how long does the eviction process take..once a tenate receives
how long does the eviction process take..once a tenate receives the paper stating they have 7 days ....to vacate.. no current lease in force. tenate is disabled and 76 years old.. his wife just passed… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
In the state of New Jersey, when does a tenant give notice
In the state of New Jersey, when does a tenant give notice? My tenant wrote me a letter giving me notice of vacating the apartment, dated 1/30/09. I received the letter on 2/2/09. Also they said they … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I am moving out of Benford Court apartments, i signed the lease
I am moving out of Benford Court apartments, i signed the lease the end of february their saying it isnt good to until march 31 they want 900 buywant plus this months rent, a total of 1725, can they d… read more
legallysound
legallysound
Attorney
Doctoral Degree
1,324 satisfied customers
A quick description of the situation I have an old apartment
A quick description of the situation: I have an old apartment which is a month-to-month lease. We gave notice to the landlord on Jan 15th, expecting to be out of there by February 15th ( we have a new… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x