The Troubleshooter 5-1-25

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This is the Troubleshooter Show now, Tom Martine.

Hey, good morning. This is John Fuller again hosting for Tom Martino on the Troubleshooter Network. I am a personal injury attorney here in Denver, have been for twenty three and some odd years or so according to last count, and I am filling in yesterday, today, and tomorrow, so we've got three full days of stuff that we can talk about. Today is a gonna be a little bit

That is right, John, I am a real estate attorney. I do both transactions and disputes involving real estate. So on the transactions I help people buy and sell both residential and commercial real estate. And I also do landlord tenant work for both the landlord and the tenant. And when it comes to disputes, you know, if there's any kind of dispute between a purchase contract or between the landlord and the tenant, or a mechanics lean or a foreclosure,

So that kind of sets the stage for today. So your role is to pick up the phone and give us a call. Our telephone number here is three oh three seven one three eight two five five. We are here to help. If you've been scammed, if you've been tricked, if you've been deceived by somebody. We are here to solve problems, take complaints, answer questions. We are here to help you, and that could be with a vehicle, your home, your job, your house, your real estate, your car accidents,

Yes, sir, I sure do.

Tell us about it.

So in January of this year, I bought into endurance warranty.

What is an endurance warranty?

So it's an aftermarket automotive warranty service, okay, urinety for breakdowns and whatever. They cover certain parts of the drive train and other components.

Okay, Now, how did you How did you decide to buy that warranty? Was that just a solicitation you received or did you look them up? Or how did you come with it?

I was a customer with them previously, okay, So I decided to go back with them because my first round with them I had no problems.

Okay, So tell me about what's going on.

Okay.

So I bought into this contract back in January. I just purchased a well it knew to me twenty eleven one fifty okay. So I bought into it to protect my investment and in back on the eighteenth of this month, I suffered a catastrophic failure of an engine component that was covered under the warrant.

Okay? Which component?

It was a terrible So the turbo blew up and it sent metal fragments into the intake menifold, which in turn gets down to the engine, chose up bearings, it rings, all kinds of bands destroys the engine. But when I filed my claim, they denied.

My claim for the.

Coverage for a technicality that they had didn't take any steps to rectify on their behalf.

What was the technicality?

So when I signed for the contract, they asked me what the mileage well of the vehicle was, and at the time I didn't have the actual miles because I didn't I hadn't taken delivery of the truck yet. So I gave him the best estimate of what I remember, and I was only five hundred and fifty three miles.

High or low of the low, okay.

So they gave me a one hundred thousand mile warranty which covered me to I think it was only two hundred and ninety six thousand miles, so I'm below that to ninety six. But they denied my claim because they said I didn't call back in the alloted amount of time with the actual miles, and with that being said, nobody ever contacting me within that thirty days to say we're missing information. If you want to keep the contract.

Billy, do you have the contract where it says you have to follow up and call them back.

I don't right in front of me.

Did they point out to you what provision they were relying on to catch Not.

That I remember with the initial conversation.

So, just to recap, you bought a truck that had one hundred and ninety six thousand miles on it as a twenty eleven f one fifty. And how many miles have you put on it since you bought it?

So it's got about two hundred and four thousand on it now.

Okay, so not that many new miles and the turbo takes a dump on you.

Yes, sir, Billy.

Did you buy this warranty through the dealer where you bought the truck or just a completely unrelated transaction?

No, it was a third party dealer. Yeah, so I purchased the truck, called the company signed up for it.

Again, how much did you the warranty, Billy?

So? I believe it was like one hundred and fifty seven one hundred and fifty eight dollars a month?

A month?

Yes, and when did you What was the month and year you bought the warranty?

January of twenty five.

Hey, uh, I've read a bunch of these now. And some of these warranties have a certain period where you can cancel the warranty. If you look through your contract to see if there's a cancelation provision, uh that that that you can at least use to escape your your ongoing monthly obligation under this warrancy.

Well, yeah there is, and I have taken steps to cancel them, but he doesn't want to as of this month because they had no intentions. So my complaint is that they continue to take my money right or a contract that they knew was void.

Well, I think you've got a lot of issues going on here.

Why was it void?

Because this particular no, they're saying that he voided the contract by not calling back with the actual okay, the whole thing. But I would suggest that they waive that that you know, objection by continuing to take the payments on it. You know, I mean, as a hypertechnical excuse, Listen, here's the deal on all these warranties and and you know your things like oh, I can't even think of the word right now, but you're the thing that pays

Pardon me, I do see that warranty issue is putting a lot of conditions. For example, we have a car in our family that had a rap put on it, but as a condition of the warranty, for the continued durability of the rap, you had to go and have it inspected by them once a year. I mean, that's just a little unrealistic, and nobody's going to do that. So when it comes time to actually make a claim, you know, they're going to point to that kind of ridiculous condition.

Oh my god, if you had just complied with the deal, we would have found the problem in this never would have happened, you know. So these kind of.

Things may be disputable in a court as a matter of law. You know, perhaps the black and white language of the warranty agreement is not enforceable as written so strictly in favor of the warranty issuer. So but you don't know until you look at the case law on that topic and get in front of a judge sometimes right.

Well, not only that, but I have even more bad news for Brad. I've read a fair number of these extended warranties for used cars now everything, and by the way, no one has ever gotten paid a dollar, which is why I read these contracts, and every single one of them has a mandatory arbitration provision, so he won't even

Yeah, hey, Billy, I'm gonna put you on hold and see if Kelly can get your information. I'd like you to try to get that contract to us so that we can take a look. And we're happy to look it over and see if there's any you know, anything there that that we think is newsworthy or something in an effort to try to help you out. Okay, we're going to thank you. We're going to go to a break right now, and we'll be right back.

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Good morning, this is John Fuller with the Troubleshooter Network. We are back and moving along here. Hopefully we get that contract in here. You know, Dimitri brought up a really good point, and that's that most of these consumer contracts have you know, arbitration provisions, and those are just horrible from the consumer standpoint. But there's so little negotiability that you have in those. And the reason why they're bad and the reason why you should always be, you know,

Hey, John, not only that one. Is it one arbira or a panel of three?

It work, It could go either way. Sometimes they'll just say to a single arbiter, it's all contract. So it's what's in the contract, okay. And so I've seen them where they say we'll do it to a single arbiter. I've seen it to where they say we'll do it to a panel of three, where we pick one, you pick one, and then those two will pick the third, which I mean then you're paying for three of them.

And John, does the winner get to have his costs reimbursed by the losers?

Sometimes every one of these contracts that I've read has the arbitration provision, and each of those provisions has a cost shifting provision, every single one. Right, So if our caller here loses, which he probably will based on inexperience, yeah, he's going to get stuck with god knows how many thousands of dollars of the insurance comp or the warranty company's costs.

So just think about it. Maybe the cost of that new engine is what ten grand, fifteen grand? Maybe I don't know what the cost is. I didn't get enough detail. It maybe a diesel and it's more money, but I mean it's not cheap. Let's call it ten grand. If you go into that and just getting in the door and representing yourself and all that stuff, you've probably got another ten or fifteen thousand dollars of paying the arbitrators to get up to be able to even air your grievance.

You can't prove that, right, You can't prove that.

But you know that the character shows that, you know, let's see all these claims that you've paid, and they're like, well, we paid for a battery for Joe, and it's like, well, yes, but when the three thousand dollars turbo took a crap and it shelled his entire motor. You can't line up a whole list of witnesses here that say, yeah, I've got a brand new engine out in the parking lot

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All right, welcome back, John Fuller here on the Troubleshooter Network. We are moving right along here. The way to get a hold of us in the studio here is to give us a call at three oho three seven one three eighty two five five. We encourage you to do that. This is a show where we're here to help you.

Can say something John, yea, not only.

I have more years of experience than others, what would.

Really help you?

Know?

We encourage people to call before the problem arises. If you're going into a contract, if you're going to hire somebody, if you have any lingering doubts about what's going to happen, call us before so that we can give you some advice on how to prevent the issue rather than solving it after the fact. And we do a big service by that.

And with Doc in particular, you can talk about the pregnancy before you actually get pregnant. So that has the added benefit of being able to kind of, you know, foresee what the future might.

Hold any sex questions. I'm happy to.

Help our resident expert, Merrill. You've been holding with an issue on car insurance. What's going on, Meryl?

Hi? So I have been I've been insured with Skycoper sixteen years.

For my car and we canceled.

The insurance on December twenty fourth of twenty.

Twenty five, and I went with all State so that I could bundle my home and my car because Geico became cost prohibitive. It was underwritten by Travelers. And then I went on and was with USAA. So my issue, John is Gico has never canceled my policy.

And they kept sending me a deck page insurance cards, and right before they were going to take.

Out over seven hundred dollars on.

April twenty six, I.

Caught that and my agent at all State, we did a three way call with them.

And they said, sorry, we can only back cancel thirty days.

I'm not using the correct verbage, but we.

Can only backdate the cancelation thirty days to the twenty fourth of March.

Meryl, when you originally canceled that back in December. Did you do that in writing?

We did it on the phone.

But I had a confirmation number because.

I just be court reporter. I'm kind of a note taker, and I said I need a confirmation number. So they said the confirmation number is your policy number and today's date twelve twenty four.

But it never got canceled, and the right hand never knew what the left hand was doing.

And is that confirmation number not give you some point of reference that you did the cancelation?

We just have emails.

I mean, that's what I'm saying. Are they claiming that you didn't cancel it? And you say, oh, but I have a cancelation confirmation and right, what's going on there?

So I said, let me talk to your boss?

Well may I talked to your boss's boss.

And so Michael Bays is my agent.

With b YS with All State, And as.

Of yesterday, I finally said, Okay, I guess I'm going to walk away unless I you know, or go to the insurance Commission. I loved GLICO, but I just can't seem to extricate myself from them. And there's there's something wrong with this.

GARYL.

Meryl.

Here's something I don't understand about what you told us. Do they deny that you canceled in December?

Yes?

And did you give them the cancelation confirmation number?

Yes?

I did?

And what was their response to that cancelation confirmation numbers?

Responses You're going to have to talk to one of our higher ups in management because we can only go back thirty days from today, which.

The day that we were talking to them.

Was the twenty fourth, So are they billing you seven hundred a month or how what is the payment frequency?

They said, we will give you back seven dollars and fifty cents.

Wait, what about that payment? That was the seven hundred dollars payment you just mentioned. What was that all about? Did they already would draw that payment from your accountant?

That was them saying a second, I'm looking at my I'm looking at my phone. The email that came in yesterday from my agent.

Well, wait a minute, your agent works for an entirely different company.

Your agent truly has for All State, and we've had three way calls with them, with his assistant, and when we spoke to Geico, they always say, okay, we understand, but we can only go back thirty days. And we're saying she canceled.

It on Christmas Eve, right, So.

It's a confusing story.

Back. So here's here's a couple of here's a couple of points. Okay. Number one, I always hate when people say I call my agent and my agent said this, and my agent said that, especially when it comes to problems and claims and stuff like that. Agents, You know, agents are just that, they're just an agent. They are a better word really usually a salesperson, and and that's their job is to sell you new products and and to keep to keep selling you new products, and to

I do have a.

Paper trail, you know, I value thought it was important. But is that the Colorado What is the name of the commission?

What's the insurance Commission? I think you can find them under the.

If you just go it's the Colorado of dot gov.

Ye.

There should be a list of places to go to.

Right. The DORA, I think is the overall umbrella agency, the Department of Regulatory Agencies, But they fall under DORA and they're their own independent commission and they have a consumer hotline number that that you can bring this issue to. And whenever we've had issues like that in the past where we've actually had to, you know, hold a client's hand and go speak to the Insurance Commission, they have

But that would be amazing.

It is to me as well. But Meryl, that would be my suggestion, Brad, anything else that you can think of on your end.

No, I mean my own experience, can you okay my own experience. I wouldn't expect calling to retroactively cancel insurance to have any any retroactive effect at all. Usually in my experience, they just cancel it as of that day, right, So going back a month seems to be you know, I'd be a good thing if you can even go back that far.

Yeah, But her issue is she canceled it at on Christmas and just noticed the other day that they were fixing a take of payment. And they're saying, well, we never got the cancelation.

And so I showed a since then before they were going to take out a draft. They've sent me another deck page. They've sent me cards a recent email, which I'm not going to do from All States and just send them a copy of your deck page from all State. Obviously, I can't deal.

With Geico because it's impossible, so I will go to the insurance Commission.

I think when you do that, I think the deck page from all State is helpful in the sense that it shows that you went out purchased insurance, you know, for that insurable interest with a different company. I mean, why would anybody.

And I was able to extricate myself from USAA because I switched from USAA and Guyico to All States. No problem with USAA whatsoever. Cannot extricate myself from guy Code.

They don't want to let me go, Carolyn.

I think you've got enough of a paper trail that you're going to be This is going to be a pretty easy issue for you. You to get squared away. So thank you very much for the call. We'll be right back. This is the Troubleshooter Network. Thank you.

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You don't have.

Running just as fast as we can shoot. It's gonna help. Come man.

This is the Troubleshooter Show. Now Tom Martine.

Hey, good afternoon. John Fuller here filling in for Tom Martino and the Troubleshooter Network. We are rocking and rolling here. So here's the Troubleshooter Network. We are We're here for you. We're here to solve problems, take complaints, answer questions. We can only do that when you pick up the phone and give us a call at three O three seven one three eight two five five. We have in the house today three of our illustrious deputies. We have Deputy Bow,

Well, John, you may recall that yesterday Lisa called Lisa. Her name is Lisa with a Y, and she said that she recently signed a lease to rent an apartment and for her and her little baby daughter, whom we heard in the background, and before moving in, she entered the apartment and she observed two cockroaches, one of which was dead. That was very alarming, as it would be

That's fantastic, Glad, I mean, that's just awesome that that just makes you know, it just makes sense because and I'm glad Brad's here because we wanted to talk about this, but I mean it almost just goes right down the

Well, cockroaches and other vermin passed or insects do fall under the warrantyef habitability, And the warranty of habitability doesn't say that these cannot exist, right. What it says is that the landlord has to take reasonable, appropriate extermination measures

So in the law, one of the things we always deal with is this debate about what's reasonable. So this young lady said that they were spraying like every two weeks, and yet the entire building was just infested with these things. They're in the televisions and the refrigerators, in the cabinets, thousands and thousands of these stupid roads. Just like, at what point does you know, at what point do the tenants get to say your efforts aren't reasonable.

Yeah, the statute does not provide a hard deadline for when the problem has to be fixed. The warranty habitability problem. It's a question of fact to be determined by ultimately a judge. But if you can convince a judge that all these reasonable measures have been taken, or the measures haven't been reasonable, then at some point a judge will grant a termination of the lease. And so you can use that statute, that warranty of habitability statute, to get an early termination of your lease.

So if you were advising a landlord that owned a property and this was kind of going on, I mean, is there some risk that if one tenant successfully goes to court and receives an order in validating your lease, that you could have a mass exodus from all of your tenants. That would make you advise that landlord that he needs to let this person out before it goes that far. That's common sense that a.

Landlord ought to get the problem fixed because they're in practically speaking a lot of trouble financially from lost rent and from having to be in court by not resolving the underlying cockrutch problem.

So then you know, so your advice would be, this is the kind of situation that needs to get made to go away. I mean that that's good advice, but at the same time, it doesn't really rectify the situation. I mean, I think the point that we took from this expert that called yesterday is that there are really really effective means that we know about today that can eliminate this problem. What in two weeks did he say?

I think he said several months, they spray a couple of things.

One well it was it was bait stationed. It wasn't spray, it was bait stations that he said in a couple of weeks could have an enormous effect, and within a couple months would have because the problem knocked out John.

He said that you would observe the cockroaches began to die out and mass with, you know, after a couple of weeks, and it will be several months until they're gone because there's another chemical he applies which sterilizes. It's like birth control for cockroaches, right.

Right, So I guess the question is and we'll pick it up on the other side of the break, But the question is, like, as from your perspective as a guy that's advising these landlords, like when they're contemplating, you know, good solution that's going to cost a lot more money and solution that may just barely qualify as something reasonable under the statute. How do you sometimes, you know, thread that needle with your clients to help inspire landlords to

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All right, all right, all right, John Fuller coming back on the Troubleshooter Network. It is we're moving rapidly forward. Here. We have in the house today Brad O'Brien. Brad's a real estate attorney, and we left the last segment talking about a landlord tenant situation where a caller called in and we had a cockroach infestation and we were happy to report that we were able to help the young

Well, for good business practice, I think a landlord really wants to get their property in habitable condition, free of cockroaches another vermin, and paying a little bit more in extermination is probably the way to go, because if they land in court on a warranty of habitability claim in defending that the cost of being in court is so much more than what we're talking key about as far

Yeah, I think that's always good advice, but it's not always. You know, let's say, the ones that we hear about are the ones where people are not behaving properly and problems are not being taken care of. We don't ever get calls. It's like, I just want to tell you that my landlord is the best guy in the world, and I have the best situation and the best apartment. I mean, those are not the ones that we hear about.

Yeah, the are required to provide alternative housing for up to sixty days until the habitability condition is rectified, and that would get expensive.

That's a hotel. It has to be within a certain distance. Now, what can invoke that.

If the place is uninhabitable, then landlord is required under this statute to provide alternative housing. That's roughly and it's got to have a kitchen too.

But does that have to get decided by a court or I mean who decides if it's uninhabitable.

If the landlord doesn't offer it, then they can get taken to court, and if they lose on that, they'll have to pay attorney fees.

But I mean practically, if I go into my landlord's office and say, hey, I think i've got item number three here, whatever it may be that makes it uninhabitable, the warranty of habitability says, you know that that's not acceptable. I want you to put me up in a hotel. I mean, at some point there's got to be a reasonableness standard applied to that too. A tenant just can't walk in and say I want a hotel, right right.

It's if a condition makes it uninhabitable for health and safety. For example, if they're going to exterminate and it is something where people should not be around, and maybe that's a twenty four hour where you no habitation, Okay, that's what's one night hotel for example.

Now if it's if it's something like.

Mold where you've got to be ripping out walls and taking out the flooring, okay, and that's a three week project.

Okay, that's three weeks at hotel. I guess my issue is like, who decides that it's it actually is a habitability issue.

Well, if the parties don't figure it out themselves, then then it goes to court and that's where.

The court will decide.

And somebody's going to win big and somebody's going to lose big, and so it's not doesn't make sense to let the court decide it.

How long would it take somebody to get into a court if they had I mean, let's say you go in and say, look, the heat's not working, right, I mean that that would be an obvious breach of the warranty of habitability. It's it's right there on the deal and the landlord says, yeah, I think it is working. Okay, so we have a dispute. If that tenant wanted to take that landlord to court over that issue, how long would it take and what would that process look like? It's not quick.

It's not like there's an expedited procedure just for this type of a case, so it could be three to six weeks to get that resolved in court.

Right, So in the meantime, you know, you could be sitting there without heat for right.

But if it's when I get calls about mold or something that's a health and safety concern, you know, my first response is, you know, this is more than the legal issue. Is the health and safety issue. And if they have a you know, children or babies, you know, maybe they shouldn't be in there. It's what I'll tell them, Maybe you need to get out of there for your health and try to recover the money on the back end for when you when you had to be in a hotel.

Gotcha?

Right?

Do you tell them to put the rented s crow so that they when they go to court, they can say, look, I had the money, I wasn't trying to it. That'd be a good idea.

Habitability complaints are totally separate from the rent obligation. Tenants have to continue paying rent during the duration of the

That's a very limited ability to hold back rent. Brad, We've got a caller with a landlord tenant question for you, So we're going to go to EVA. Now, Eva, what's going on with you?

Oh?

You guys are real estate attorneys? Could you give an update over the radio about what the rule new rules are? I have to resign a lease and are there new leases available? And I never took a damage deposit their security deposit from any of them, and I am below market. The main thing is can I raise what amount? Can I raise the rent? I am under market on the properties? Does it go by market value and then a percentage or is it a percentage of what I'm charging under market?

Well, I would say that is a very loaded question. It could take hours to respond to all that. What I would say is that the land obviously.

You're a landlord.

The landlords laws have changed drastically in the last five years. There's a lot of updates. I would I would I think it's practical for a landlord once a year uh to have an attorney review their their lease form and make sure it's up to date with the law. I will say there is no such thing in Colorado as a standard lease form. So that's one of your questions. As far as raising the rent, you know, you can

I'm talking.

We're just talking at market rentals here. There's no no rental caps. Now, you cannot rent. You cannot raise the rent on somebody in retaliation for like a habitability complaint that they made. You know, if somebody's at two thousand a month, and then they complained about cock croaches. You can't jack up to four thousand. That's re retaliation. That will get you in trouble and you'll lose and have to be attorney fews on.

That got it, all, right, Eva? Anything else from.

You, not that I could think of, But so, yeah, I thought there might be a standard new lease with the new rules, but he's saying there's not.

Yeah, Unfortunately there's not a set standard form out there. So hey, Eva, we appreciate the call. Good luck. If you need to get a hold of Brad O'Brien and ask more direct questions, you can do so at olslaw dot com or seven two oh three seven oh seven three eight eight. We are going to go to a break right now. We'll be right back. Charles is up on the line and we'll we'll keep rocking along.

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Hey, good afternoon, John Fuller here on the Troubleshooter Network. So we are rocking and rolling here with Brad O'Brien in the house, and we're talking about real estate law and its applicability to all sorts of circumstances like landlord, tenant and real estate contracts and stuff like that. So if you have an issue like that, now would be a really good time to get on the phone and give us a call and get some advice from a

Pretty good?

Not too bad? Thank you. So what do you got going on? You're thinking about renting out part of your house or yeah?

With all the property chactes going up in Middleton, yeah, I need little help, you know what I mean?

So do you have just rooms in your house or do you got a part?

I got a I love them Loandon. It's real, real large house, but it's there's a room, you know. Yeah, I'm gonna h on the other side of the house, like the bath in a room just rented out and find out if I had to getting a professional type of leaf contract.

Okay, so this would be in your home while you're living there. Really just the kind of a roommate situation, right.

Kind of right along, Really, get have of a friend here all the time. Out want somebody that works, you know, I don't want a companion that do you know works something ow you know?

Yeah, I understand, Brad. What advice would you give Charles here about things to look out for and problems to avoid?

Well, I've definitely helped people who are landlords by defaults. You know, they're not in the business, but they want to rent out a room in their house.

Hey, Charles, can you do me a favor and turn that radio down in the background.

There's no radio room.

Do you have us on a speaker or something or okay better, yes, sir, much better, Thank you? Okay, go ahead.

And when you're renting out rooms in the house that you live in, your lease is gonna go into some things that normally you wouldn't have in the lease, like specifically what rooms in the house are they allowed to use to live in, Where can they keep their things for storage? Practically speaking, how are you going to share the kitchen that sort of thing, you know, And and you're gonna.

Have some rules too.

Sometimes we that's where most landlers don't have to give rules. But if you're gonna have a co habitation situation, you're probably gonna want attached to your lease some some just basic rules like okay.

We're smoking, is going to be outside, where you're.

Gonna park your car, those kind of things that are not at the level of the lease itself, but just co living type of.

There's plenty of room around here park your car. There's no problems there.

How about like you know, prohibition or at least the limit on animals.

Yes, most leases.

I have a few and that's enough.

Yeah, I mean right, you should have something in there about pats and how many. Now, the nice thing if you're a landlord and you're renting out your own home, then there are then you get some relief from some of the tenant protections that are out there. So for example, emotional support animals. You can actually, to my understanding, deny that if if you live there, you know, because maybe

What about background checks? You know, especially in a situation where somebody is going to rent the room that's going to be a low price situation. There might be a reason that the person needs a low priced housing opportunity. And how does our call or protect themselves from moving in with a with a convicted violent felon, or a sex offender, or a drug dealer, or just some general scumbag who's going to be make the landlord's life miserable.

Well, I do recommend that landlords screen their prospective tenants, and there are services out there.

You just pay a certain.

Amount of money, maybe it's forty dollars to have a background checked on them, and that should include a criminal check.

Now the law has changed, you cannot.

Use their credit score against them, and you probably shouldn't even check their credit because then then you'll have it and they might accuse you of having use it against them.

And what.

You As far as as far as income contract.

Do you have a lead section in your office?

All my leases that I prepare for landlords are customed to their situations. I don't have one, just a handout, And there's no such thing in Colorado's as a custom lease form. I was gonna say, when you're looking at their income, the law changed very recently, so you can only verify they have double the amount of the monthly rent as income. You can't say you got to have five times in the month monthly rent is income.

No, you can only look at and verify that they have double.

Yeah, I'm afraid to have attle squatter, you know what I mean?

Yeah? For sure. Hey, Charles, how long has it been since how long has it been since you had somebody living in the house? With you.

I bought the house back in three years ago.

Okay, just me, just you, okay, yeah.

Well you know it's a four bedroom house because some of these bedrooms are a little small. The one. There's two large ones, you know, the one I would rent out.

Be careful, hey, Brad comes up with the lease. If he just starts with like a lease you find on the internet or something, and then comes to you, do you take those and kind of custom tailor them to his needs? Is that something he could reach out to you about.

Yes, many times, I actually don't give a landlord a new lease. I take theirs that they're already using or that they recently found, and just make sure that it meets the standards.

Like in the library. Can I get one? Perhaps somebody told me that.

I mean, you can google and find standard lease forms out there, not standard, but least forms from various services out there, but they may or may not be tailored to Colorado because we have specific requirements here, so I.

Can look at it. I think the point is, Charles, that you know, there's a lot of places you can find sample leases out there, Okay, and they'll give you a start. But we're telling you that most of those samples, you know, there's probably some aspect of it that is not good or really not in your favor, and that you know, somebody like Brad can look at and say, well, here's something to think about, Charles. Maybe we could add this or take this out and better protect you and stuff.

And so do you have a phone number? I could call you out?

You bet. His number is seven to two oh three seven zero three seven zero seven three eight eight eight, Yes, sir, you can also again his name is Brad O'Brien.

And I was gonna say, uh, yeah, it's kind of hard to find a roommate old disease staff in the classified. That's all gone.

Yeah, that's that's kind of gone by the wayside. So all right, Charles, I'll.

Have to check it out and call you man there get get a you know, generic lease.

All right, Well, best of luck to you, Charles. We appreciate you calling in today to definitely give Brad a call and get a good lease for your purposes. All right, have a good day. We're gonna go to another break here and then coming back from the break, we're gonna we're gonna shift gears a little bit. We are going to revisit a an existing case with Dimitri here, and then we've got a couple of other things on the horizon. Uh, we're gonna go to break.

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Hey, good afternoon, John Fuller here on the Troubleshooter Network. We are sneaking up on the twelve o'clock hour. We're here talking today with Brad O'Brien, Brad to real estate attorney and and longtime supporter of the show, and we've talked about some different landlord tenant issues and stuff you know, just addressing the caller that was just on the line

Whenever you're going to let somebody rent a room in your house that you live in, there's a security risk there. You know, they could get into your financial information, right, go go in parts of the house, and they're not supposed to. It's almost safer to move out, get it and then rent out the former home all but the whole home, right, just so they're not living with them.

So it's us a whole year's worth of potential rent gets sucked up in one incident of having to go to court and try to enforce that deal, and then there's no really coming back from that. I mean, it's not like the court just waves its magic wand and everybody goes home and it's just koumbai.

Ay.

After that that becomes a toxic environment and almost never is over at that point.

So Penny Lisas say that if you win against the tenant in court, then well, actually, if it's usually a two way attorney attorney feed provision that whoever wins gets their attorney fees paid by the loser.

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Yeah, d new neat advice.

Who you don't have?

Come running just as fast as we can. Shooter's gonna help.

Come man, It's the Troubleshooter Show Now, Tom Martino, Good afternoon.

This is John Fuller filling in for Tom Martino and the Troubleshooter Network. We are here rocking and rolling this afternoon dealing with your problems, taking complaint, solving problems, answering questions. We are here for you. Our telephone number is three three seven one three eight two five five. Would encourage you to call with any issues you have. If you've been cheated, you've been taking advantage of UH. We handle just about everything that you could come up with today.

And that's that's just what we know of, because I think that many people are too embarrassed to admit that they got scammed, so they don't report, they don't tell anybody.

They just live with that shame.

Oh.

I think you're absolutely right, John.

If you look on YouTube occasionally, you can see somebody that send the picture of one of these scam rooms in India, and it's literally one hundred people sitting in the desk of the computer in their little booths that do nothing but try and scam Americans. I mean literally one hundred plus people doing nothing. But that's only one site. It's incredible how large it is. But let me say something since I do a lot of this stuff. Yeah, Number one, most companies will not send you an email

On letterhead, including an express too, including.

Express told especially for you. But seriously, if you get a call from the I R, S, FBI, Medicare, social Security, it's a fake. They want to get in touch with you, they will mail you it in a letter that's that's secure. And the second thing is when you look at the I R L if you have, they call it on

Yeah, But you can't even really rely on that dot because like this express toole one that I'm looking at, the website that's on this text is h T T P S slash slash expresstole dot com. I'm just being they spoof these real websites and put this little, you know, garbage on the end that takes you to a different place. But if you're not savvy and you look at it, you're like, well, I mean, if it said, you know, we're ascammer dot com, I maybe wouldn't go to it.

I'm not saying that's so, I'm just saying if it has an extra leteral number, right, you know, it's a fake. Yeah, it doesn't think they're the ones that are normal.

I think the rule is, like you said, nobody's going to text you for this stuff. You're just not going to get a text. But I get calls. I mean at my office we get calls daily. I'm sure Brad you get the same calls and stuff. But I mean they call up and it's like, yeah, i'd like to, uh, you know, there's new savings to be had for blah blah blah. You know, can I get your birthdate? It's like, hell, no, no,

You know.

The message to the callers out there or to the listeners, it's just listen. You've got to protect yourself. You have to just assume that anybody that contacts you is most likely a scammer. If it's your bank contacting you saying well, we've had fraud in house and we're doing an investigation and we're gonna need you to go buy a gift card or some crap like that and open up another account. I mean We've had callers where that exactly has happened.

What you need what you need to do is if you think there's any legitimate thing, you hang you you go to their to their legitimate site, to the customer service section or says contact us, and you contact them and you say did you send this to me?

Yeah?

Call your bank say hey, well, I know what's the worst case you You know, you mess up the FBI's fraud investigation. Oh darn, you know that's tough.

I get pull stuff all the time because my son uses my other car and it pays. The damn bill gets sent to me, and I know it's legitimate because they send it.

No, they send it to me an he on your son.

No, but they don't text me about it. If they send me a letter in the mail that I owe the toll, yeah.

I think they'll do. You know. I get calls all the time about Medicare, and I am many many many moons away from medicare, many many moons away from Medicare, But I get calls all the time, and I think it's because in my practice, we deal with Medicare all the time, and so there's some way that they see that we're at least a representative of people, and we're I don't know where they get this information, but I mean it's it's not there's never a week that goes

And now they look at you and look and you look like you're sixty five.

Maybe that's they're like, if he's not all Medicare, he should be. You know, he looks like a guy who needs some medicare going on here. So so it's just crazy. You know, what do you guys think is the most common scam out there? I mean it's tech scams.

There's no question that ninety percent of it are people getting things that there's a glitch in your computer. We found a bug. Well from we're from Microsoft Support or from Amazon support, that something that's wrong with your computer. There's a bug and if you help, if you let us into your computer, we'll get rid of the bug.

Yeah. I would say to the listeners out there, call us if you've you know, if you've seen these things, I want to hear about the most creative scam that you've that you've either avoided or you've heard of somebody falling for at least you'll help somebody else recognize that you're not alone in getting these and that they are truly scams. The number one most financially impactful scam in Colorado is investment scams. Really believe that how does that work?

Why you guess that romance scam would be number two.

Well, tell us about romance scams there, doc, I don't know.

There are a lot of scams where people have they have no self awareness. Right, let me tell the audience. If you're fifty or sixty years old man or woman, there is no thirty year old model or all rigged or special or eight Navy seal that wants to date you.

Now wait a second, Okay, hold on there. Just a minute, big guy, I'll send you a picture of my girlfriend. Don ask me mister Belichick about that. He can he can get you on the right path. So so tell me more about this doctor you have him knocking down your doors or you.

Get a lot of that on the AARP line where you get people who get contacted by somebody on Facebook or on one of these sites, and they pretend to be interested in dating you or falling in love with you, and they always ask for money. They never will face some of you, they'll never talk to you. There's always

Just crazy. Hang on a second, we'll be right back.

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Right should afternoon, John Fuller coming back at you on the Troubleshooter Network. We are here to help you solve problems, take complaints, answer questions, all of that kind of fun stuff. And it all starts with you picking up the phone and giving us a call at three three seven one three eight two five five. We are here for you. So in the studio TODA Day, we have Brad O'Brien.

I am R What is going on?

Eva?

Yeah?

I forgot to ask before there is a renter that I have that I never had a lease with Uh huh, can you explain the how to handle that?

Sure? Is that a relative or a non relative?

Uh? No, not non relative?

Okay, Well, you're not required to have a lease in writing with a tenant. It makes a whole lot of sense to have one. But if they if you don't have something in writing, then their tendency, whether it's month to month or year to year, is typically deemed to be how often they pay the rent. So if they pay the rent once every month, you might have a month to month tennancy. If they pay once a week, you might have a week to week tendancy. And those have different termination requirements.

What about a month to month.

Well, if you have an unwritten month to month lease and you want to terminate that, you can on twenty one days advance written notice. So if rent is due on the first of the month, then you have to terminate twenty one days prior to the end of a month, so by the tenth of the month, if it's thirty one day month. Now, unfortunately, well the laws changed last year.

But it's ninety days even if they never.

Had a leave. Yes, and you have to have just costs.

Okay, why do you want to evictim eva?

Because they have They've been paying half the price or less of what I could get for that house and are non negotiable.

They're non negotiable, right, meaning they just say no when you tell them you want to raise the rent.

Correct So you can raise.

The rent on them with the sixty days advanced notice, So sixty days before the first of some month where you want to raise the rent, give them that notice that the rent's going up by this amount and it will and if they don't pay it, then.

You can start an eviction proceeding with a ten day notice how.

Much notice if they don't pay the correct amount.

If a tenant doesn't pay the rent, then by the deadline, if you're lead, well, if there's no lease, and it's doing the first is doing the first. But some leases say there's a five day grace period. If there was a grace period, you would wait until that grace period is over, and then you would give them.

A ten day notice.

After the end of the ten days, if they haven't paid the past due rent, then you can file a court action for eviction.

So for either if they've been there more than a year. But it's an unwritten month to month lease and she wants to raise the rent, she's got to give them sixty days notice for that or ninety days notice with just cause to just terminate the lease. Is that right? Complicated?

I actually have to confirm one of those deadlines. The most of that is correct.

I need to look up something real quick. Is there another question? While I look at the story of my life? Mostly correct? Was there something else? So explain to me how that they're non negotiable on this idea of raising the rent. Did they just say no, no, thanks, We're not going to do that. Fly a kite? I mean, tell me how that you're you're the landlord right.

Right?

I'm too too kind, I guess, And you know I like to work with people. If they can't afford it. But with everything raising in you know, real estate taxes and everything going up, I can't afford to have them ranking that place. That's such a low amount.

And they are ruining it as far as not taking care of the outside. And I believe they are also taking in tennis.

Oh oh no, we can't have that. So is this a freestanding like single family home?

It is?

Okay? What are you charging?

Oh? Just about a thousand?

Oh wow? Where is this house like that? Neighbors? Are we talking about? How many rooms?

Import collins bedroom?

Oh that's a nice town and a price.

How long have you been charging them a thousand dollars? Eva?

Well, only a couple of years before that, it was in the nine hundreds.

They're probably making money by sub by sub lessons.

Probably are, Yeah, I think so.

Yeah.

I guarantee you they're renting those rooms out for nine hundred bucks a month in a college town.

Right.

And also everything you said a minute ago was correct.

Sixty days notice to increase the rent when there's no written lease, got it, nailed it?

Okay?

All right? So does that answer your questions?

Eva?

I mean, you just got to toughen up a little bit here, and I know you know you can get a lot more to rent that place, and you just need to put your feet down and give them notice and writing that the that the rent is going to go up to the market rate, looking figure out what market is and and just inform them that you're going to raise that rate up and they can either accept it or get out on their own. And if not,

This is both I have a suggestion.

I know'll being a landlord myself, sometimes it's kind of tough to communicate with people maybe that you've known for a long time. You may want to give Brad O'Brien a call and have him draft the letter for the rent increase, who would have a lot more teeth if he will coming from an attorney rather than you meet telling the tenant that you mean business, that you're going to be raising the rent or hav an eventual move out.

Do you do that kind of stuff?

Ray?

Yes?

And I think that in particular, if if your end goal is to get them out, and you think you're probably going to be going to court anyway, then have me start drafting all these notices because they will be exhibiting in the court case. Right, what haven't done done correctly?

In great advice? Notice the rent increase needs to be in writing as well. So, Eva, here's how you get a hold of Brad. His number is seven too oho three seven oh seven three eight eight, and you can find him on the web at olslaw dot com. So we'd recommend that you give him a call and protect yourself by papering this thing up and doing everything correctly.

Okay, sounds good, Thank you so much.

All right, we are coming up on another break here, Frank, hang on. We'll get you next with your issue about insurance and a motorcycle. Just uh hang on, we'll be right back.

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All right, good afternoon, John Fuller. Here in the Troubleshooter Network, we are getting right back to it. We have a couple of callers lined up here. Frank, you have an issue with motorcycle insurance. What's going on, Frank?

Oh, actually it's not motorcycle insurance. But what happened is my niece shipped a motorcycle from Denver to Grand Junction and in transit it got heavily damaged, and they ended up. The company that shipped it has Progressive Insurance. Okay, they wounded up going back and forth, they got a settlement

No, it's not that's not how it generally works. The only time a deductible normally comes into play is when you're making a claim for your own property under like a comprehensive claim, where it's like your car or something going to the body shop, and you've got to pay a deductible when it's a third party. That's no different than you and I getting in an accident, Frank and my insurance company has to pay your car. They're not going to charge me a deductible for that claim. They're

Well, apparently, I'll talk to her more. But apparently she's talked to Progressive or the agent or whoever it is that's worked this out, and they said, no, you have to get it from him. And so I suggested that she get a hold of the real Estate Commission Colorado real Estate or insurance Commission and make a complaint because that's not the way it should be handled.

Yeah, I mean, you can definitely do that. They'll take your complaint and stuff. But that's just not right. And I think if you keep elevating that or escalating it to you know, a higher level at Progressive, somebody is gonna, you know, is going to say, no, that's not how it's supposed to happen. I can't think of any type of insurance claim that would require you, the claimant to go and seek out some sort of a deductible from some third party, even if they had a coinsurance amount

So well, that's good advice.

I'm going to have her do that and hopefully take it up the chain and get it resolved quickly. Obviously she saw the complaint. That may take a little longer, it may not even have any impact.

Well, I mean it can. I mean, you just never know the thing about the insurance commission is when when it has teeth, you know, all you're really hoping that you get out of that is a phone call to the carrier saying is this really what you guys are wanting to do here? And oftentimes to compel them to exactly it's just that that call saying we're watching and we're aware of this, and is this really how you

Perfect And we're gonna try that for sure, all right, and I'll let you know how it works out.

Hey, dude, do that. I appreciate it, Frank, he's doing better. We'll pass that along. Thanks Frank for the call. We appreciate it. Keith is on the line with the comment about eva situation. Keith, what's going on?

Oh?

I just wanted to add that if you don't have a lease which states a grace period for the for the payments of the monthly rental, then the state automatically implies a seven day waiting period, so you couldn't file the ten day notice until a week after they don't pay if she doesn't have a lease.

Okay, and Brad, would you care to Yeah, I don't.

I don't agree with that. I know I do know the seven day thing you're talking about. Let me first say that as soon as they are daylight, you can give them a ten day notice. The seven day thing you're talking talking about, I expect is right to cure. No, the late fee, so you can charge if it's in a written lease that that that the landlord can charge a late fee, then the late fee can be a certain amount.

Top of my head, I can't say what it is.

But you cannot assess that late fee until the rent has been late for seven days, So you.

Can get that.

Uh, you can assess that late fee on the eighth day, but but you can you can give the ten day notice as soon.

As they're minute late on the rent. Okay, is that is that what you're talking about? The late fee there? Keith, Yes, yes, thank you for that. Correction. Okay, cool, Well, thanks for the comment. We appreciate the call there, Keith. We're going to go to a couple of follow ups here. Bo actually had a couple of questions for for Brad today on real estate issues. We're going to go ahead and deal with those as always. Give us a call. We got a couple open lines seven one, three, eight, two

Bo.

What is going on with you?

Yes, And I'd like to just comment to our listeners who are landlords, this is a great opportunity for you to call in talk to Brad O'Brien and get your legal real estate questions answered. It no charge. And Brad, I have a question being a landlord. I've been to court several times on fictions and the judge issues this piece of paper called the writ of restitution. And I understand the word writ, but I never really could get my brain wrapped around the word restitution. And my question

Is it a week, a month, a year?

So okay, Well, when the only way that a landlord can can lawfully evict a tenant is through the court, and they go to court and file on an eviction action in order to obtain a court order for possession of the property, where the court is saying that the landlord has legal possession of the premises, the rental premises, and the tenant no longer has legal possession, and so that is the restitution. So the court is basically giving

Now.

So at the end of a eviction court case, there's a trial or a default judgment which ends up in this order of possession in favor of the landlord, and the next step is the writ of restitution that is an order from the court to the county sheriff.

The actual form of the writs.

Starts off to the sheriff of whichever county and so the only party that execute a written or do something about it is the sheriff. Private parties and landlords cannot execute writs on their own. That's self help and that's illegal, and that'll get you in trouble. So as soon as a judge court issues this order of possession in favor of the landlord, then there's a two day waiting period

Half, Brad, So can I interrupt here just so we can clarify the language. What does execute the writ actually mean? Does that mean nailing it on the door? Does that mean physically kicking the people out? I mean, what does executing it mean?

When a sheriff executes a red restitution, they are physically removing the tenants and their belongings from the premises.

Okay, and let me clarify. They don't lift a finger to do any of that stuff.

Right.

The landlord who is doing the eviction is required to hire a moving company or to have like five or six able bodied movers sufficient to get the move out done within one hour, maybe two if it's a bigger house.

So is that when you just see stuff piled up by the curb.

Right, so the right any the move out, the place to put it is next to the right of way and that unfortunately, that will get you in trouble if you're like an hua community, because that'll get the land we're defined so they but normally those things have to remain on the curve for twenty four hours before the

For loss of that personal property. Okay, hold that thought. We're going to take a real quick break and we'll be right back. So thank you.

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Hey, we're back live in the house. This is John Fuller on the Troubleshooter Network and we are working through Bo's questions and all things about what not to do on evictions and stuff. And it sounds like there's so much more to it than I ever had an idea, and so I'm going to turn it back over to bow here or what. So it sounds like a crazy process here where I mean, how many times does it actually go down to where you're having to get the sheriff.

Most tenants will not go to the bitter end of the sheriff process because nobody wants their stuff to be put out on the curb, right, so when they know it's close, they'll they'll finally go. But there are some dead enders out there who go to the better end and their stuff's out of the curb. I don't know why, but but that's it's expensive for landlord to take it that far because then they have to hire movers.

They got to pay the sheriff feed to actually do that.

It's happened to me twice.

And about this rider restitution, Brad, I would like, you're right, it's a it's a device that goes directly to the sheriff. But I'd like to have the ability to present the ridd restitution pay or to the tenant to know that, I mean business, you need to get out, because the last couple of experiences I have they have not I mean just.

As a.

Warning that they need to move their stuff out. And in Denver, for a landlord, it's pretty difficult to do the eviction all the way down. Of course, you want people to move their stuff out, but the sheriff the last time we used it was like a month and

Yeah, most county sheriff's offices don't want you to call them until that ten day waiting period to serve a writ has actually run, and so you call them on day ten or eleven, and then they open the calendar and say, okay, three to four weeks out, we have an opening to conduct an eviction. And so yeah, there's an additional time in there. No, some tenants know about that, and they, you know, if they want to game this them and get more free rent, they just milk it to the bitter end.

Yeah, So how long does a tenant have to actually cure during this process? Like what's the last day that they can pay and reset the clock on all this age.

That was a recent change in the last couple of years as well. Now a tenant can cure their unpaid rent up until the moment that the judge issues in order of possession. Okay, so at that point their right to cure has gone.

So if they come to court with a money order or something, they can cure it over and over again as long as they want. That's right.

As part of that cure, do they also have to reimburse the landlord for their costs of this eviction or is it just the rent that needs to know?

At this point, there has been no judgment on damages, like how much does the rent do and if there's any attorney fees involved.

So eviction cases have two steps. There's two hearings.

The first hearing is the possession hearing and that normally happens ten to fourteen days after the complaint is filed, and then based on that outcome, the court would set the actual trial on the money part, maybe two to three weeks out later, and that's where you can get your judgment for order for attorney fees and pass do round.

So, even if the tenant cures the past due rent in the court room, there's still going to be another hearing for the damages and costs.

Yes, landlord could take it to the second part the trial, but most landlords aren't going to do that. It's just too expensive, doesn't make sense, doesn't ever done that?

Yeah, the second part you might stay, we have the money for the rent.

They're just they're just beating a dead horse trying to.

You might spend as much in attorney fees as the amount you're trying to recover, and then you.

May not even be able to recover. Right. Are you in county court on these usually?

Or Yes, you can do evictions in both county court and district court, but they're much faster and cheaper in county court, which is an expedited process under the rules simplified perceise civil procedure.

But you can actually if the rent.

Sometimes in the commercial evictions will start in county court for possession and then remove it to district court to get the money judgment. Because in commercial amount of controversy, yeah you can. You can only recover twenty five thousand in county court. Right, so if the amount is over, you have to go to the district court.

Got you? But the but the first portion of it would still be in county court. It's only when you're fighting for the money aspect that the jurisdictional limits come into play, right, got you? Cool? Uh, Frank, you have another question on your motorcycle shipping issue. What's going on? Frank?

Well, so she called the supervisor over Progressive and the supervisor said that it is a car a commercial cargo policy, and that that's the way it's written. But I've never heard of an instance where the damaged party has to get money from the insured when and they're totaling the bike. So I don't understand commercial cargo versus.

Regular policy.

Well, so here's a suggestion for you, Frank, and I don't know what your situation is. In my practice, we frequently have cases where we have disputes among property damage carriers, and we sometimes will use our own carrier to file a clean and then let that carrier deal with subrogating and going to get repaid from the other side. That's an option if you want to talk more about that. Hang on until the other side of the break. We got to cut to a brake right now. Thanks for

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Yea ripped off news. Didn't need advice, so you don't have come running.

It's just as fast as we can.

Shooter's gonna help coming.

This is the Troubleshooter Show now, Tom Martine, Hey.

Good afternoon. John Fuller here filling in for Tom Martino and the Troubleshooter Network. Just to report Tom is doing well. He is still in the hospital, but he reports improvement every day. I texted him something short and brief and it turned into I think thirteen texts this morning in about in about ten minutes. So that tells you Tom's doing just fine. And we'll be back here in no time.

Yes, I went into Douglas County this morning to pay my property taxes. And I realized that yesterday, you know, they were due and I couldn't make it. So this morning I went in to pay them. It was like three hours into the first day, and they charged me. They tell me that it's one percent charge. Oh oh, they gave me this statue. And I looked up the statue. In the eight section, it stipulates if it's received in their office within five days, then the date received is

Oh that's friendly, Brad. Any advice here.

I'm not familiar with the statue, but I'm wondering if if that's a mail in situation where it's postmark before the deadline but then received after the deadline.

Is that is that how it reads?

It's it's the statutes three nine dash ten dash one oh four point.

Five three nine dash ten dash one oh four point five.

Okay, Section eight.

Okay, I can look it up real quick. Okay, all right, so Ken, let's uh, let's give Brad a couple of seconds to look that up, and we'll come right back and see if we can work through that statute. Okay, we have another issue with one of Dimitri's cases that

John and Brad. A few days ago, lady by the name of Haley called us because she and her roommate had rented a very expensive apartment downtown and everything went well for a while until it no longer was going well and they had some kind of a falling out the roommate. Apparently, it wasn't very clear from Haley's call if the roommate had applied for a protection protection order or actually got one. Okay, but that's actually outside the scope of what my question was for you yesterday and

Lease, and they did.

Now that part sounds reasonable to me, But here's the part that really bothered me. Now, Haley is stuck with a payment for the entire apartment and utilities, and that's what the apartment manager had told her. Now, we actually called Brad with this a few days ago, and Brad said, oh, yeah, oh, you know the leases. You know, you're jointly and severably responsible, So she's going to be stuck with it. So that's

Got it? Yeah, I remember that call. And what I said.

Is that the tenant who got let out of the lease is liable to the remaining tenant only if those two tenants had an agreement between each other. And I also said that the lease between the tenants and the landlord is a is a two way agreement, It's not a three way agreement.

It's a two way agreement.

You got tenants on one got two tenants on one side, and you got a landlord on the other side. And nothing in the typical lease has anything between the two tenants as far as their duties and obligations to each other. So they'd have to have their own separate agreement as between the two of them.

Okay, hold that thought, and let's deal with Kim's issue real quick. And then I want to come back to that and throw a couple of curve balls in there. So what'd you find out on Kim's property texts? Yeah, as I suspected.

The statute he referenced is a talks about when when a tax payment is mailed in or sent through a common courier like FedEx, and it received, it's received in the treasure office after the deadline. Now, this statue talks about the situation where there's no postmark.

So this is a postmark statue.

If you postmark it by the deadline and the postmark shows on the envelope, you're good. But if if somehow a postmark is not put on a fixed on that envelope and it's received after the deadline, then there's this five day grace where if it's received within by May fifth, when the deadline was April thirtieth, the Treasure's office will be all deemed it on time day six and on. They have to use the date of actual receipt as

It's just straight late. Yeah, because the statute is only late really wouldn't matter. It's just as late. It's only for mailing in that get arrives after the deadline. That pretty much what they too told you there, Ken, I'm okay? Is that pretty much what they told you?

Well, they told me that he couldn't do anything to call my legislator. Yeah, oh, I just think you know, three hours and twenty minutes into the first day.

Yeah, that it says.

The way I read the statue was if it wasn't postmarked, if it didn't have a postmark on it, but it was received within less than five days, that they need to claim the due date as the day it was received.

No, no, they'll they'll deem it on time if it is within five days.

But that's not you walked in the payment. But that's only if it arrives by mail, right, yes, with no postmark. So it just happened to not have a postmark, but it came in with the mailman. So you should have ran down the mailman and tucked it in his bag. But when you just walked it in there yourself, you couldn't avail yourself of that part of the rule.

Well, what's the definition of a common carrier? If I carried it in there?

Oh?

Common?

A common carrier is a well defined term that would be like ups, fed Ex, DHL, flying tigers.

Are you in the business of carrying people's mail?

No, No, I'm in the truck and business.

Oh did you bring this in in your truck in the back of your truck?

And that and that check that I paid them with is in a trucking check?

Well, I don't think the party making the payment really invokes the exception to the rule or makes it.

You know, County treasurers have no flexibility. They have to they have if something is a minute late, they are required to propose. If they have no flexibility or discretion to say oh close enough.

Yeah, they have to follow the statue. Yeah, I agree.

Sorry, not the money, it's not the money at all. It's just you know, I like I say, we're talking three hours and twenty minutes.

Well it's a day and three hours and twenty minutes. I mean, listen, Ken, you're preaching to the choir. I wish there was an exception, and that seems close enough to me, But the reality is those guys at the clerk's office they don't have the legal latitude to make an exception. They just don't. I mean, it's not within their power to say. That's why they told you to go see the legislature, because that's who wrote the laws. Once they were written and once they were imposed on them,

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All right, good afternoon, John Fuller here for the Troubleshooter Network. We are having a lovely discussion about a bunch of crazy different topics, but nonetheless we're back focused on task here, and our task is to help you with all of your problems. So, if you've been a live to cheated, scammed by somebody, we are here to help you. Give us a call it three O three seven one three

The remaining tenant can recover from the tenant who got let off only if those two tenants had an agreement between them as far as contribution and covering each of their How.

Is there both their joint signatures as responsible parties on this lease, not an implied agreement between them to be jointly responsible for what damages may flow.

Well, that that lease agreement where the two tenants sign is undoubtedly going to say that the two tenants are gently and severally liable for the rent. That means each of them is independently responsible for all of the rent. Right, Nothing in there is implied to say that that that the one tenant that has to reverse the other tenant.

I know, but they're jointly and severally liable. They probably severally applied for you know, the the the apartment or the condo or whatever. They both had to fill out an application. I mean, it seems to me that and and listen, I get why the landlord let them off. I mean that same warranty of habitability deals with like domestic violence and abuse situations, and it gives a clear path to a landlord to say, we're not going to

Well, if both tents are one hundred percent each separately liable for the rent from the day one, then the landlord letting one of the tenants out does not increase the liability on the remaining tenant. The tennis has the same liability as they did before.

But how do they forego their rights as a party to that contract not to suffer the effect of a unilateral modification. I mean, she didn't get to consent to the modification. How how can the landlord do that and change that overall position and say I decided to let her off, You're responsible for everything now, yeah, I think that's the discretion the landlord has. Do you support have anything to do with that?

Well, that's why it makes sense for a tense to have a written agreement between the two of them separate from the lease that talks about their rights to each other.

It's a cohabitation agreement which I can prepare so you don't feel that joint and several liability under the lease gives the one tenant any rights to go after the other tenant to.

Enforce that, I don't think. So maybe there's some case law on that. I'm not aware of it, but I haven't researched it. Be there, Yeah, I don't know.

It just seems to me that that, And you know, I'm not a real estate attorney, but if I were playing one on TV, my position would be that I understand and even support them letting that tenant out. I think the law supports that, but that modification in effect is a breach of the overall agreement, and you can't do that and impose that modification on the other party without her consent to it. Maybe I'm wrong about that, but that would be my take on the overall situation.

If it might be the case where the two tenants, before they ever signed the least for the landlord said between the two of them, or one of them said, hey, will you go on this lease with me, and let's READI split at fifty to fifty, that would be an independent agreement between the two of them, even if it's

So what if that tenant took the position that I believe this contract has now been breached and I have no remedy but to move out. I can't afford to pay the entirety of the rent. I think it's been breached. I'm out of here, and the ladlord comes knocking on the door. Would that tenant still be able to sue the other one for contribution under that?

Oh?

Yeah, full agreement. Sure, it's a separate agreement, right, yep. What possibility can you imagine that that suing that other tenant could be construed as a violation of the restraint order? Oh there's a restraining order here? Okay.

If the restraining order is about physical distance between I don't think it restrains someone from suing somebody in court. Well, as a matter of fact, that's the exception where if there's a restraining order, you can actually be in the same room with them, if it's the court room where you are required to be appearing.

But if it says you shall not harass, molest, intimidate, or I forget the actual language of the restraining orders, could could somebody interpret that as being over that line. No, I don't think so.

I think commencing a court action is not, uh is not going to be deemed harassment. I mean, that's why they call it legal extortion, because you can extort somebody through a court action where you couldn't do it anywhere else.

Right, you know, that's pretty fascinating. I mean, that's that's an interesting case. Is what is the land what is the tenet that's staying? Is she doing is she trying to get another roommate to help to help that situation, or what is she doing here?

You know, she didn't address that topic specifically, but she said the least expiring in June anyway, But she's looking down the barrel of a couple of months worth of three thousand dollars plus payments, and that's going to put her in serious financial straits, you know, especially since she needs to rent another apartment and come up with a deposit and probably at a higher cost now because she's by her she's alone now, right.

Oh and the restraining order between the two tenants, the landlord has no part of that. They're not responsible for that happening.

Absolutely not. But I think the landlord is using that as cover to justify them letting her out of the lease. And I support that. I mean the warranty of habitability Loves in Colorado specifically say yes, you can do that, and it's a defense to any challenge to that. So I think the landlord is one hundred percent right for doing that. So real quickly, we've got a question online from or a caller online from Glenn. Glenn, what is going on with you?

You got a quick question? Maybe what is defined as an asset that you could come after somebody for?

Like we've been.

Talking about their houses, their cars, cash, What about iras and a para account? Are those open for?

That's a great question, but I got to ask you a couple questions to give you a good answer. Hang on the line here, we'll be right back after this break.

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Two mm hm, all right, good afternoon, Good afternoon, John Fuller here for the Troubleshooter Network. We are getting close to the end of this and we are working through a whole bunch of other issues. Glenn was on the line with a great question and and Glenn, I need to know a little bit more information about like where would this judgment come from that that you're seeking to shield assets from. Are we talking about as a result of like a car accident or in a bankruptcy or

Yeah, just I'm in the after yesterday. I'm starting to kick around the idea of an umbrella policy, et cetera. So more from the you know, the auto got you insurance aspect of you know, kind of seeing whereas what the total you know, the total value I'm at absolutely can they come after this huge pair of account you know?

Yeah, no, that's that's great. Thanks for clearing that up. So, so here's basically the way it works. You know, when you cause an accident, and when you cause somebody damages, you know, ultimately they would have the right to go to a jury trial and have a jury decide what

Pretty much? Yeah, it's good to know. So the umbrella for my protection, as you said, that would help cover an uninsured motorsors that can have to be added to it.

Also, so most umbrellas are just an extension of your liability coverage. Okay, So the liability is that coverage that you have that is solely meant to compensate some other person that you cause damages too. It's not generally you know, property damage, that's a separate line item that's covered in your policy. It's really for you know, the economic and non economic damages that flowed from the accident that you caused.

All right, Glenn, good stuff, thank you.

All right, thank you for the call. We appreciate it. We're going to go to our another break here. We'll be right back with more information.

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Shooter Network. We were getting close to the end of day and our discussion has turned to car cases and values and all that kind of stuff, and I'm going to kind of just go off on a little bit of a ran about that. Before we get to that, I'm going to take the last caller on the line that we have here at the moment, which is Jackie. That's not to say don't call in if you have an issue. Seven one, three, eight two five y five is a number area code three oh three. Jackie, you

It's just kind of a funny story about twenty years ago. I had to evict somebody from a third floor unit in an apartment complex and I don't remember how the tenants knew the date that the sheriff was coming out, but they let my guys that I was paying for. They let my guys take everything down from the third floor down to the curb, and then they were waiting there at the curb to pick up their stuff.

Nice. I like it. Yeah, that's kind of like the old story about you know, when you're out hunting in the woods and this guy shot a big elk way back in the woods and stuff, and he's I mean, he's so far back and he boomed, the gun goes off and he shoots the elk, and next thing you hear the game wardens like, game wardens, stop, I need to see your license. And he's like, I don't. I don't I don't have a license, or I can't find it.