Legal Question in Real Estate Law in Colorado
apartment troubles
my fiance and I rented a property a year ago and terminated our lease for numerouse reasons the most important was we had to put a matress in our living room because the apartment was to hot over 95 degrees. they are now sueing us for damages ect. however we were never provided a copy of our lease. We submitted our answer and the case was dismissed a few week a go however i got a letter to motion to re open the case stating the reason as a harmless over looking and benificial to both parties. both are false. next 2 weeks later I get a letter with a trial date. Can they do this with out telling me the motion was granted and giving me the opportunity to appeal it? Also the law office sueing us the first time has hired a lawyer to represent them, so now the plaintiff is the law firm representing the apartments, instead of the apartments can they do this with out having to redo all paper work since it is no longer the same case due to a change in plaintiffs. Also before going to trial shouldn't we be given the options of mediation or arbitratikon??
1 Answer from Attorneys
Re: apartment troubles
Afternoon,
Are you sure the motion was granted? When were you supposed to respond to the motion and why didn't you? Maybe you are confused in that the date in 2 weeks is the time to respond or date for the hearing on the matter.
The landlord can certainly assign their rights to sue to a law firm or whomever. Finally, unless the lease required you to go to mediation or arbitration, it is not a requirement prior to them filing suit. As a general rule, the court will require you to go to mediation (for county and district court) at some point if the lawsuit continues. Good luck.
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