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Getting Rent Back After Being Evicted By Town For Code Violations

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  • 05-10-2008, 11:35 AM
    christines25
    Getting Rent Back After Being Evicted By Town For Code Violations
    My question involves an eviction in the state of: Colorado
    We were evicted from a commercial site where we had prepaid 3 months rent and took the dilapadated building as is, by the Town for code violations. We had used 2 weeks of the rent and are owed almost $8000 back. The Town wants the building brought up to like-new code, painted and landscaped before allowing anyone back in. The landlord won't do anything and we can't afford the thousands it would take to do that. He doesn't want to return the rent money from our eviction date. We contend the eviction is constructive termination of the lease. Can we win in small claims on that theory?
  • 05-10-2008, 11:57 AM
    Mr. Knowitall
    Re: Getting Rent Back After Being Evicted By Town For Code Violations
    You say you took the building "as is". So what promise did the landlord break?
  • 05-10-2008, 12:26 PM
    christines25
    Re: Getting Rent Back After Being Evicted By Town For Code Violations
    Quote:

    Quoting Mr. Knowitall
    View Post
    You say you took the building "as is". So what promise did the landlord break?


    The landlord is involved in an eminent domain condemnation suit by the Fire District/Town. The Town vindictively evicted us to prevent the landlord from making money on the building that they want. They have made it too expensive to rent in it's current condition. We made repairs to make it liveable (fixed broken pipes etc), but putting in sprinklers etc was cost prohibitive for anyone. It is now vacant and can't be used. WE were not told by the landlord that we would have to bring it to NEW code or anything other than complying with the usage code which we did.
    WE just want the rent returned for the time we were not allowed to use the space. (old wharehouse space)
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