Legal Question in Business Law in Colorado

I was leasing property that I remodeled into a 3 star restaurant. My lease stated that if there was damage to any part of the building I would not have to pay rent until the repairs were made. I rented building in the winter heat worked fine. I went on the roof during remodeling and noticed that the only a/c unit had extensive damage to it along with the roof. I called the landlord. He called the insurance company. The insurance company issued him a check for the replacement of the havc unit and repairs to the roof. The repairs were never done. I tried to tell him that he needed to make repairs and he said that I was responseable for maintaining the havc unit. I still was paying rent. I finally had to close because he said I owed him rent and evicted me. Before the eviction the temp. in the restaurant rose to over 100 degrees and customers were leaving. I went to court for the evection and the landlord gave me no credit for moneies paid. I transfered it to district court and he has done nothing. I did vacate the building and have had no income. What if anything can I do? They are closing on the sale of the building tomorrow the 10th of January 2012. Please help me. Thank you


Asked on 1/09/12, 12:33 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

What is the status of the case? You say "you" transferred it to District Court and then say "he has done nothing." What does that mean? Is he suing you for damages? How much in damages? How long was the lease for? Are you counter suing for breach of contract and any other applicable damages?

If you were evicted and you vacated that does not automatically end your possible liability under the lease. It depends on the lease terms, what was done to mitigate damages, your defenses, and other issues. Also, the closing of the sale of the property may or may not be relevant depending on the lease term and other issues. does

This is a matter involving the lease, numerous facts, the lawsuit, and your counterclaims and defenses. To be able to help will require a review of all those materials and more facts. You should speak with an attorney right away and provide that information.

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Answered on 1/09/12, 12:54 pm


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