The Law Office of Peter Loyd Weber & Associates, LLC offers our clients a wide range of services concerning their private and commercial property needs!
If you are buying or selling a parcel of property, it is strongly recommended that you consult legal representation in order to ensure your rights do not get infringed upon. Property can make up a significant percentage of a person’s wealth and any transaction that can affect it should be done so with legal assistance!
Who has the right to dictate to you what you can and cannot do with your property? When it comes to zoning, the Zoning Board and Master Zoning Plan have a lot of influence in determining what your property can be used for.
Feel free to contact us with any questions at (720) 863-7755 and to learn how we can help you!
We are able to help clients in matters involving:
Duties of a Landlord: A landlord owes duties to a tenant such as the Covenant of Quiet Enjoyment. The Covenant of Quiet Enjoyment is an implied covenant that is only breached when a landlord or someone acting through the landlord disrupts the possession of the tenant. A landlord may owe other duties such as a duty to repair, which are written into the lease. It is important to find an attorney that can identify the rights that have been breached and who has the ability to fight to enforce your rights.
Duties of a Tenant
A tenant owes two basic duties: to pay rent and to avoid waste. The duty to pay rent arises as a consequence of the agreement between the tenant and the landlord (Lease). A tenant may have other contractual duties as well, such a duty to avoid excessive noise or others that are written into the contractual agreement.
Buying or Selling a Parcel of Property
Colorado follows a doctrine of Implied Habitability, in which a seller is presumed to be selling a home that is habitable and structurally sound, unless the seller informs the buyer. This creates a duty of the seller to inform the buyer before selling a home. A seller owes the duty to disclose any known defects, needed repairs, or other information, which can void a sale or make a seller liable for not making the proper disclosures. A seller should take making their disclosures quite seriously, so as not to incur such liability in the future.
Master Plan Disputes
A master plan is a document that describes the overall concept of a development, which includes zoning and designs for the development. Disputes sometimes arise over these complex contracts and need proper attorney consultation and representation.
Variance Permit Requests and Disputes
In certain circumstances a board may grant exceptions (variances) to its rules and regulations. When requesting such variances it is important that the request meets certain criteria, or the variance may not be granted. It is important to include the reason for the variance and to explain how it will or will not affect the public’s health or safety. An experienced attorney can help in making sure your request meets the specific requirements.
Grandfathered Status Disputes
Governments sometimes enact zoning ordinances that regulate the development of real estate within certain boundaries. When zoning is established, however; the new zoning ordinance cannot eliminate the structures that are already in existence. These structures become nonconforming use sites and may be allowed to stay as long as they maintain their same nonconforming use.
State and local governments may regulate the use of land through zoning laws. These laws are used to segregate incompatible uses from developing in the same area. In certain circumstances an owner may be exempt from the zoning ordinance if they can show that the ordinance creates a unique hardship and that the variance is not contrary to the public welfare.
Governments can sometimes make such strict regulations on property that it amounts to the same degree as if they had taken the property by ownership of title. These substantial regulations amount to the government using their eminent domain power.
Eminent Domain Takings of Land by Municipalities
A taking occurs when the government takes title to land, physically invades the land, or severely restricts the use of land. A landowner can sometimes recover damages equal to the reduction in value for harm to their property.
Down Zoning the Status of a Parcel of Land
Down zoning is when the government enacts a zoning law that makes the requirements on such a parcel of land more restrictive than before.
Land Title Searches
It is important to verify that a seller has the right to transfer ownership of property before you make such a large financial investment. An experienced attorney has the ability to examine all the proper records concerning the property to ensure that the property being purchased is free and clear of all liens and is able to be purchased.
Quiet Title Actions
An action to quiet title is brought in order to establish somebody’s title to real property against anyone who may otherwise claim rights, or who challenges their right to the property. When the action is complete, the person is free and clear of claims against the property and is free to sell, own, or do what they want with the property. Disputes over title can be lengthy and complex, so it is important to get an attorney who is experienced in the field.
Environmental Issues involving Litigation and Defense
Property owners may only own the surface rights of their land and can be faced with a conflict with the person who owns the mineral rights to the land. This impact can be minimized by the Colorado statute 34-6-127, which provides in part that they extract the mineral rights in a way that minimizes the intrusion and damage to the surface land. This sometimes involves the use of alternative means of operation in order to accomplish this goal. It is important to find an attorney that can guide you through the process and help find you the proper solution.
Many homeowners live in common interest communities. The homeowners association has the power to establish rules, codes, and restrictions that are intended to maintain a standard that all the homeowners agree to. The HOA must record a declaration in the county where the community is located, which is assessable to for the homeowners to look over.
Frequently Asked Questions
Q: Can I get out of a zoning ordinance?
A: It depends on the circumstances but there is a possibility that you can be exempt from such an ordinance. You have to meet the proper requirements such as: showing a unique hardship, and that it would not be contrary to the public welfare. This can be difficult and can require an attorney, which can help in identifying and showing how to meet such requirements.
Q: Can I fight a Homeowners Association Ordinance?
A: Yes, you can fight an HOA ordinance. The first step would be to get a copy of the HOA’s rules and regulations in order to better understand their rules. The HOA rules must be made available to you if you request them. Fighting an HOA ordinance is not simple and it is very important to contact an attorney who has experience with HOA’s.
Q: How much of my security deposit does my landlord have to return to me when I move out?
A: A security deposit is only retained to cover damages beyond normal wear and tear. If actual damage exists, your landlord may retain a portion of your security deposit to cover the cost of fixing that damage. Your landlord must then provide you with a written statement listing the exact reasons for keeping any portion of the deposit, as well as give you any remaining money from the deposit.
Q: A tenant complained that I breached the warranty of habitability; may I raise the rent or retaliate to try and get the tenant out of the premises?
A: No. A landlord can never retaliate against a tenant for alleging a breach of the warranty of habitability.
Q: A tenant would not let me in to fix the problems in their apartment and now the are claiming that I breached the warranty of habitability; do I have a defense?
A: In short, the answer is Yes. A tenant cannot prevent a landlord from fixing the problem and then claim a breach.
Q: A tenant is behind on rent, can I remove the tenant and/or lock them out of the premises?
A: In most circumstances it would be unlawful for a landlord to remove or exclude a tenant from the premises without using the court process. A landlord must go through the court in order to exclude a tenant from the premises unless they have reasonable cause to believe the tenant had permanently abandoned the premises.
Property is often a person’s most valuable asset, and we are there for our clients to ensure their desired outcome is met. Feel free to contact us with any questions at (720) 863-7755 and to learn how we can help you!