Landlord Tenant issue - Legal Help (Denver, Craig: 2009, apartments, rental)

[Kweller]

I just moved to Denver in May and ran into some severe problems, I am having some problems with my landlord and I am completely lost, here is a summary(sorry so long) about whats going on, any help/input would be greatly appreciated. I have called local attorney's with lack of help, I have called the landlord/tenant hotline and they just said leave and find another place(cant really afford that at the moment)

Currently I am receiving unemployment and I run websites: android-unleashed.com and ubuntu-unleashed.com so I am kinda limited in resources at the moment. And since I just broke up with my girlfriend I am all alone and very scared, worried what im going to do

Here is the details:

The landlord has refused to fix broken windows, unlock-able windows that could blow in and hurt someone.

In April Chanel and I filled out an application and mailed 400 dollars from phoenix Arizona to Shelley Shephard(other tenants mother) to give to Gary for a security deposit and Gary, Dave's agent/manager accepted our application for a year lease that we mailed and we moved to Denver, CO with high hopes and no problems.

Gary the landlord's agent/manager was our point of contact and first person we met when we moved in and the first person I met in Denver Colorado, he was very understanding and let us know that the apartment issues that we seen will be fixed asap even though he promised they would be fixed by May 02 2009 upon our move in date, so chanel and I were both hopeful he would keep his word.

The landlord and Gary agreed that we could pay 300 dollars a month until the repairs are finished, he never completely fixed these issues so I notified NIS on Jul 03 2009 at 10:00AM of the problems and am waiting for inspection. I sent dave a text message letting him know that I reported him to NIS, he was extremely angry and did not respond to any more messages. It says on the Landlord/Tenant Rights PDF to not sign a lease if there is issues that need to be fixed. I wrote a notification letter to the landlord and his agent, Gary who lives at 1230 snip CT Denver CO to fix these issues in a timely manner, I have a copy as well as the landlord Dave has a copy. And will be attaching the document to this one for reference. The landlord agreed to our terms and said he will fix all the issues when we pay him 300.00's (reduced rent). I gave my credit card to Chanel, she took out 150 out of my card and her own card, got a money order and gave it to Dave. They started working on the broken in roof with water damage but never completed it, nor the broken windows and unlock-able windows. These issues were promised to be fixed prior to us moving in on May 02 2009 and are still an issue that need to be resolved.

When I got a restraining order on Chanel Garcia, Chanel told the Judge "Kyle is the other Tenant, and he can have the place himself, as long as I can get my things." The Judge adjusted the restraining order distance to 25 yards/across the street so she can live at her mothers and I can remain at 1230 snip CT Apt 2. The landlord refused to take rent from me, on June 29th through July 3rd which is today when im writing this, he said he would rather find another person to rent to than fix the damaged apartment. He said I was not on the lease, he never gave us a lease to sign, we filled out an application(with both of our names) for a year lease and Gary/Dave accepted it and let us move in. I have recordings on my cellular phone and a backup of them on my computer of calls with Dave(landlord) stating that he will not accept any amount of rent when I offered it to him. He also said I was not on the lease, so I went to his agent "Gary" who Chanel and I dealt with more, and who originally rented us the apt and recorded another conversation with him, he said that we both didn't sign a lease per-say, we both filled out a rental application and he accepted it for a year without a lease agreement because there was damage to the apartment. Gary also refused to accept money when I was going to pay him, this is also on the recording. Gary and Dave said any verbal agreements we had wont stand up in court and they both refused to have anything in writing so they could have an "easy out". When I requested a copy of our rental application Dave refused and wants me to go to court empty handed, I am glade I got some recordings of this landlord being unfair and lying.

We have been fair with Dave/Gary and have paid them even though necessary repairs are still needed to have the place up to code and in check with the colorado habitability statutes. Dave and Gary said that they will find another tenant that will accept the apartment "as-is" very easily in its current situation. He said you wont find any apartment cheaper and I have a big waiting list. We were promised the apartment would be fixed, and still has not, we have paid him fairly and on time, he now is simply trying to escape his obligations to fix the apartment in a timely manner. Legally I dont believe he is able to rent the apartment to someone else in its current situation, when a codes official inspects my apartment and the others they will surely make sure the apartments are fixed prior to allowing the landlord to rent them out. We are not the only tenants with these problems, and if requested I will try to get written documents from other tenants with similar issues.

Did not receive required written demand(C.R.S. 13-40-104-106) for possession as of printing this(7/3/2009)

Dave has threatened to forcibly remove me from my apartment which has caused me a great deal of stress and fear, I have had to record my belongings on video tape to make sure nothing is stolen and also keep a chair under the door knob out of fear. He refuses to fix the windows with broken locks, and install a deadbolt on my door. This landlord is causing me a great deal of stress when I have been more than patient, and more than willing to deal with him.

I have reported him to NIS and this seems like a retaliatory eviction.

Here is the transcript of a recorded conversation with Gary:
Transcript of Gary

Apartment Issues Letter
This was Hand Delivered in its exact form to Gary(manager) & Dave(landlord) on May 29th 2009

Gary/Dave/Landlord,
We have given you reasonable notice to fix the problems in our apartment at 1230 removed Ct Apt #2 Denver, CO.
Before we moved in the unit Shelley Shepherd told you that there is things that must be fixed before we move in, we were promised that the apt would be completely fixed before May 2nd. It is now the End of May as we write this and the vital things that need to be fixed have not been touched after false promises and constant reminders. The windows are cracked and unlock-able and is a health hazard to us and our pets and is a breach of the warranty of habitability according to Colorado housing codes. The roof in the 2nd room is also a health hazard and breach of the warranty of habitability and has not been fixed properly. The water leaking into the roof of that room most likely caused a weak roof and will need to be fixed. Besides a health concern we are concerned about using that room and will need that fixed in a reasonable amount of time so we can use the rest of our apartment. There is also the electrical switches that need to have covers on which is also a health concern if one of us or our guests touch a wire we could be shocked.

We Have given you a reasonable amount of time to complete and fix these issues and was promised it was going to be fixed before we even moved in, it is now 1 month after the reasonable amount of time to have these things repaired and fixed which is unreasonable. You agreed to 300 dollars rent for may and we were told everything would be fixed, and only the sink and tiling have been fixed, and 2 doors put up when there is still things to be done that you are aware of and told by Chanel, Kyle, Shelley, and Dale:

1. Bathtub paint is peeling and we were told it was going to be fixed.
2. Heater end caps.
3. Windows are cracking and unlock-able and can be pushed in and strong wind gusts could cause injury. Besides that we feel that we could be a victim of theft because the windows are so insecure.
4. Light Switch and painted over outlets need to be replaced.
5. We have no closet doors.
6. No trimming in the bathroom.
7. No carpet in the pantry.
8. No screens on the windows.
9. No Light Fixtures in either bedroom that were promised.
10. No Locks on the windows that work.
11. No deadbolt on the front door that was promised.
12. We are unable to use the 2nd bedroom due to a severely cracked window and roof damage.

We also paid the deposit and paid part of the rent before we moved in and we had to spend a week cleaning the kitchen and bathroom because they were filthy. We tried all sorts of cleaning products on the cabinets and none worked, we ended up having to scrape the grime/dirt/oil and hundreds of dead cockroaches off the cabinets and thoroughly clean the Fridgerator which has cost us money on cleaning products and time from our online business. We expect things to be done in a timely manner in the future.

Basically You the Landlord/Owner has not taken reasonable, necessary, and timely steps to abate the above known conditions and we will be withholding rent until the above things are completed because they are a breach of warranty of habitability.
Kyle removed & Chanel removed
May 29th 2009

[Kweller]

People are telling me since we didnt have a lease we are screwed, but we did fill out an application and I have recorded conversations from the landlord that we were paying and living there?

[DenverDenizen]

I'm not a lawyer, but I do know that the law has some protection for residents (whether or not they pay rent). Since you don't have a lease you're automatically on a month to month tenancy, which means your landlord has to give you 30 days notice. If they do give you notice, you have to move and that's that, but make sure that notice is written out and you can tell them to send it registered mail. A rental application does not take the place of a lease.

One of the issues with illegal apartments is that you can't get your rent back just because the situation was "unlivible", based on the fact that you did in fact live there which means it had to be livible to some extent. You should, however, get your security deposit back which might help your financial situation somewhat. A court should enforce that, but they can't make your landlord keep you as a tenant beyond the 30 days notice.

If you've been able to afford the $300/month rent you should be able to find a roommate situation for the same price, but I really doubt you can find an apartment for so little. To protect yourself, find a landlord that will let you sign a lease seperate from the other roommates.

[Kweller]

Originally Posted by DenverDenizen

I'm not a lawyer, but I do know that the law has some protection for residents (whether or not they pay rent). Since you don't have a lease you're automatically on a month to month tenancy, which means your landlord has to give you 30 days notice. If they do give you notice, you have to move and that's that, but make sure that notice is written out and you can tell them to send it registered mail. A rental application does not take the place of a lease.

One of the issues with illegal apartments is that you can't get your rent back just because the situation was "unlivible", based on the fact that you did in fact live there which means it had to be livible to some extent. You should, however, get your security deposit back which might help your financial situation somewhat. A court should enforce that, but they can't make your landlord keep you as a tenant beyond the 30 days notice.

If you've been able to afford the $300/month rent you should be able to find a roommate situation for the same price, but I really doubt you can find an apartment for so little. To protect yourself, find a landlord that will let you sign a lease seperate from the other roommates.

Well as far as I know I only get 10 days to be evicted, the 300 dollars was reduced because of damages, its normally 600. Is there appeals here in denver? Like what if a judgment is against me? If I take this information to court to I stand a chance against him?
Thanks,
Kyle

[Kweller]

This is a summary of the law: Landlord-Tenant Rights
But I need to know how to defend myself against this guy

[DenverDenizen]

What exactly are you trying to do, or what do you think he's going to do? If he wants you out, he can get you out, with or without reason. If you choose not to move and go to court instead, I don't think there's anything you could do besides ask for an extension. If he tries to get you for unpaid rent, he'll have a hard time proving you were supposed to pay more than the renegotiated $300 since he accepted $300 for the security deposit and other months' rent, and if you can prove that there were many code violations it will be that much harder for him to get anything extra. You say you have recordings of him on your phone, you filed a complaint and sent him notices, so if you do end up in court you will have something to back up your arguments.

Are you fighting to stay in this apartment? Because my best advice would be to move. If your landlord is pulling this kind of trash so early in your tenancy, why would you want to stay longer than necessary and give him more opportunity to mess with you? If you're paying $300/month for this apartment, you can pay $300/month for a more livible situation, even if you have to share some living space. And if you can afford $600 then your options open up tremendously, including 1 bedroom apartments. If you tell your new landlord your sob story, you might find someone sympathetic and willing you let you pay the security deposit in monthly installments. There are options, and it sounds to me like you could put yourself in a situation that's much better than the one you're in now.

[Kweller]

I would like to leave, but time is against me, as far as I know I get 10 days, if I had a little more time, say a week or 2 more I could save up and be "completely fine" I wouldnt be afraid to leave my place with my cats, in fear of having my things thrown out. So I just need some extra time, to prepare to leave, and I also would like to somehow have this guy pay for his behavior because it has caused me a great deal of stress and suffering

[2bindenver]

Look up Colorado House Bill 1356.

No written lease is the same as a month to month.

[Hollywood Landlord]

I have to agree, if you never signed a lease agreement, then you are much better off leaving this property and finding a place that is less stressful.

You can search CraigsList in your area and usually find someone that is looking to fill a spare bedroom - you don't want to hassle with a guy giving you this much static from the beginning.

[Kweller]

it seems my landlord signed a new lease a week ago for this apartment with my ex girlfriend after she was ordered out of my apartment, I have this recorded(there was never a lease) but they had the idea of signing one anyways for the past couple months so they have documentation to prove im not on the lease...
The recordings and other evidence is here:
drop.io kwellerevidence