I rented an illegal apt - what are my rights? (Denver: apartment, rental)

[propmgmtgal]

I unknowingly rented an illegal apt in a house in Denver that is not zoned to have a rental apartment.

The landlord repeatedly entered my home without notice. I have documentation of her arguing with me because she thought she had the right to enter whenever she wanted.

A sheriff contacted her to advise her she was breaking tenant/landlord law. I vacated 25 days prior to the end of the lease after receiving written notice on my bathroom mirror that she would not be renewing my lease.

I did not receive my $750 deposit, or written notice of deposit return, within the required 30 days. She is attempting to keep my deposit toward lost April rent.

Can anyone advise me of my rights, and how to enforce them?
Thanks

[Mike from back east]

None of the advice you get on these forums is going to be rock solid, you may get a few people who have some acquaintance with the various laws. It sounds to me like you're best to just get out of there and write it off to experience.

[2bindenver]

Apartment Association | Metro Denver

[davidv]

Call someone, but I think you are out the money.

Just because she violated the law doesn't give you the right to withhold rent. A tenant that moves out early or breaks his/her lease is liable for the rent until the end of the lease -- in your case the end of the month. If the amount is larger than the deposit, then she could come after you for the difference.

In this case, the tuition to this lesson from the school of hard knocks seems to be $750.

Of course, if she has illegally rented out the apt. again, you could threaten to go to the zoning commission. Maybe that is the leverage you need to get your money back.

EDIT: BTW what is an illegal apartment? An R-1 zoning designation doesn't say a person cannot rent a room/part of a house to a person. It restricts the house to no more than 3 unrelated people living in the house at the time.

[Colorado Rambler]

Agree with Mike FBE. In my experience, Colorado has never bothered much with landlord/tenant law and the tenant is often left holding the bag - although you may have a glimmer of hope if a sheriff actually advised her that she was breaking the law. Also, a landlord can't just enter a renter's apartment whenever she happens to feel like it. A time must be set in advance that is agreed to by both parties.

It's possible that you may have a case if you take her to Civil Court. You don't need to have a lawyer to do this and a judge will determine if you have the right to get your money back. Good luck!

[Prodigal Native]

Small claims court maybe, but I wouldn't hold my breath. If you didn't fulfill your end of the deal by not paying rent I'm not sure you have a case.

[modette]

You have no legal right to withhold monies owed to her because she is not following the law...LOL That is so common of an excuse the Judge will laugh at you and toss you out because they hate hearing the same old BS. She might not be able to enter your apartment anytime she likes but all she has to say is "I smelled smoke" or some other emergency issue that would require immediate access. So its her word vs yours. If she is smart she says she never entered without you there...you got proof!!! You keep the police report? But how did this excuse you from paying rent and moving out early without notice?

I think you lost your case...maybe you should of stayed there for the remainder of the lease. You could have changed the locks *shrug* Or call the cops more and have her arrested...which is what I would have done. At which point she might of loved for you to leave....LOL

Yep, as far as zoning...contact the board and let them know, but it doe snot change the fact you cheated her out of rent and that is how the law will see it.

[JamesOfDenver]

hi...I hope you fight...the rest of these comments want you to continue to enable this broken Colorado "craigslist" mentality....America is becoming an anonymity website..... sad, and metaphorically speaking.

go away....the contract/lease is null and void, the "tenant" now has the ability to sue for breech of contract. The landlord isn't a "landlord" because the "apartment" is illegal... get it? you enabling ****!

There's no "deal" the contract is null and void. ****ing Denver enablers... are just children.....the adults in this ****ing town ...are children. It's like they're waiting for their parents to come back.

thank you....now can we stop calling them tenant and landlord, this is just a scam and a victim...... it's basically along the same lines as identity theft..... WAKE UP COLORADO!!! YOUR ECONOMY IS TAKING A DUMP ON YOU!!!

the contract is null and void. small claims, pay a filing fee, see a judge, get all monies back.... unless you want to continue to enable....and then you have our lovely #occupyDenver

[gmm_24]

This thread is back from July so I am sure it has been resolved whether she went to court or ended up just eating it.

In many states she would have gotten her security deposit back and owed nothing, why?? Because a lease on a illegal apartment is null and void and cannot be enforced by the court. small calims would have probably awarded her security deposit back and the "landlord" would not have received a dime if she counter sued.
Also here in CO if you do not receive a notice within 30 days of why they are keeping your security deposit you can sue for triple damages.

I hope the Op did take this woman to court and got her deposit back.