Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Mar 2007
    Posts
    2

    Default Settlement For Breach of Lease in Colorado

    I posted an earlier message a few days ago regarding this issue. Since then my son has contacted the attorney representing the apartment complex to try and negotiate a settlement to this issue and avoid going to court. The amount was reduced by two months rent, and my son offered to pay $100/month to pay off the re-negotiated debt amount. The lawyer said they would accept monthly payments, but demanded an agreement to pay $250/month. My son only makes $7.50/hr and cannot afford monthly payments that high. Is there any way he can get a more reasonable payment arrangement?

    Here is a recap of the situation: Son’s lease ran to end of 6/04, but he moved out in 2/04. Landlord re-rented the apt in 5/04. Landlord served papers to collect rent covering Feb-June 2004, plus legal fees. Attorney for landlord agreed to drop charges for May & June rent (since apt was re-rented in May). Found out that the SOL for breach of written contract in Colorado is 3 years. Papers state landlord was aware of ‘injury’ on 3/11/04; papers were served on 3/6/07 (just 5 days shy of the SOL running out). Son now lives in Nevada and is trying to negotiate settlement to avoid a court appearance date of 4/2 in Colorado to address this issue.

    Please let me know if there is any way my son can get a more reasonable payment arrangement? If he sends a payment of $100 and it is accepted, will that constitute agreement of the monthly amount by the landlord? What type of documentation should be drawn up to confirm this arrangement?

    Thanks in advance for any help or suggestions.

    Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Settlement For Breach of Lease in Colorado

    The prior thread is here.

    The landlord doesn't have to settle, and doesn't have to agree to payments. If your son gets a judgment against him in court, the court may permit payments, but it would be damaging to your son's credit. He can discuss what the court is likely to do with his lawyer.

    1. Sponsored Links
       

Similar Threads

  1. Property Division: Mortgage Refinancing, Breach of Settlement Agreement, and Quitclaim Deed
    By LaraB in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 07-21-2009, 04:48 AM
  2. Breach of Contract - Settlement Agreement
    By paulie22 in forum Orders of Protection
    Replies: 2
    Last Post: 06-23-2009, 07:58 PM
  3. Rental Agreements: Lease to Own Breach
    By pad0nk1ed0nk in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-29-2008, 06:35 AM
  4. Moving Out: Colorado Breach of Lease
    By Olive80524 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-09-2007, 12:59 PM
  5. Divorce: Breach of Settlement
    By monkeyman in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 07-15-2006, 11:10 AM
 
 
Sponsored Links

Legal Help, Information and Resources