WEBVTT 1 00:00:05.280 --> 00:00:13.160 Ripped new need advice, so you don't have come a 2 00:00:13.240 --> 00:00:13.599 run in. 3 00:00:13.839 --> 00:00:15.240 Just as fast as we can. 4 00:00:16.519 --> 00:00:18.640 Shooter's gonna help coming. 5 00:00:19.960 --> 00:00:26.239 This is the Troubleshooter Show now, Tom Martine. 6 00:00:25.679 --> 00:00:29.719 Hey, good morning. This is John Fuller again hosting for 7 00:00:30.280 --> 00:00:34.759 Tom Martino on the Troubleshooter Network. I am a personal 8 00:00:34.799 --> 00:00:37.600 injury attorney here in Denver, have been for twenty three 9 00:00:37.719 --> 00:00:41.320 and some odd years or so according to last count, 10 00:00:41.640 --> 00:00:46.079 and I am filling in yesterday, today, and tomorrow, so 11 00:00:46.159 --> 00:00:48.240 we've got three full days of stuff that we can 12 00:00:48.280 --> 00:00:53.719 talk about. Today is a gonna be a little bit 13 00:00:53.719 --> 00:00:57.240 different than yesterday. Yesterday we had Dan Mahoney on with 14 00:00:57.320 --> 00:01:01.320 the insurance group in Denver that we talked about everything 15 00:01:01.799 --> 00:01:04.719 insurance related that we could think of in a four 16 00:01:04.760 --> 00:01:08.079 hour period, which covered a lot of ground. And I 17 00:01:08.120 --> 00:01:09.799 think that was great. I think it gave us an 18 00:01:09.799 --> 00:01:13.400 opportunity to really see things from two different perspectives. But 19 00:01:13.480 --> 00:01:17.760 today we have something equally interesting. We have Brad O'Brien 20 00:01:17.920 --> 00:01:22.159 in the house today. Brad is another attorney, so you 21 00:01:22.200 --> 00:01:27.000 get two attorneys today for the same price. And Brad, welcome. 22 00:01:27.840 --> 00:01:32.120 I appreciate you joining us today. Brad is primarily if 23 00:01:32.159 --> 00:01:34.920 I understand a real estate practice you owned, is that correct? 24 00:01:35.000 --> 00:01:37.040 That is right, John, I am a real estate attorney. 25 00:01:37.120 --> 00:01:40.640 I do both transactions and disputes involving real estate. So 26 00:01:40.799 --> 00:01:43.200 on the transactions I help people buy and sell both 27 00:01:43.239 --> 00:01:47.920 residential and commercial real estate. And I also do landlord 28 00:01:47.920 --> 00:01:50.959 tenant work for both the landlord and the tenant. And 29 00:01:51.040 --> 00:01:53.239 when it comes to disputes, you know, if there's any 30 00:01:53.319 --> 00:01:57.239 kind of dispute between a purchase contract or between the 31 00:01:57.280 --> 00:02:00.200 landlord and the tenant, or a mechanics lean or a foreclosure, 32 00:02:00.319 --> 00:02:02.040 I do that as well. So not a lot of 33 00:02:02.439 --> 00:02:05.959 real estate attorneys will do both sides, both transactions and litigation, 34 00:02:06.000 --> 00:02:07.359 but I do cool. 35 00:02:07.959 --> 00:02:11.319 So that kind of sets the stage for today. So 36 00:02:11.800 --> 00:02:14.439 your role is to pick up the phone and give 37 00:02:14.520 --> 00:02:17.759 us a call. Our telephone number here is three oh 38 00:02:17.800 --> 00:02:19.919 three seven one three eight two five five. We are 39 00:02:19.960 --> 00:02:24.080 here to help. If you've been scammed, if you've been tricked, 40 00:02:24.159 --> 00:02:27.840 if you've been deceived by somebody. We are here to 41 00:02:28.120 --> 00:02:31.759 solve problems, take complaints, answer questions. We are here to 42 00:02:31.919 --> 00:02:34.560 help you, and that could be with a vehicle, your home, 43 00:02:34.639 --> 00:02:38.000 your job, your house, your real estate, your car accidents, 44 00:02:38.159 --> 00:02:41.639 just about anything and everything that comes up. We're gonna 45 00:02:41.639 --> 00:02:43.240 cover a lot of ground today. So if you have 46 00:02:43.280 --> 00:02:47.800 a question that might be particularly suited for Brad, definitely 47 00:02:47.800 --> 00:02:50.319 get on the line and give us a call today 48 00:02:50.319 --> 00:02:52.800 because we're gonna we're gonna go through a number of 49 00:02:52.800 --> 00:02:55.439 real estate issues, but we would like to focus on 50 00:02:55.560 --> 00:02:59.479 your immediate needs as much as we can. We also, 51 00:02:59.599 --> 00:03:04.919 yesterday a tiptoed into a couple cases with Dimitri and 52 00:03:05.120 --> 00:03:07.639 we're going to follow up on both of those today, 53 00:03:08.240 --> 00:03:11.960 one of which was dealing with a restraining order for 54 00:03:12.039 --> 00:03:14.599 a young lady that had an apartment in Denver, and 55 00:03:14.800 --> 00:03:17.240 we're gonna we're gonna do a deep dive into that. 56 00:03:18.199 --> 00:03:21.520 We're also going to have a revisit on our Lukukaracha 57 00:03:21.599 --> 00:03:24.599 issue a little later in the morning as well. Most 58 00:03:24.639 --> 00:03:27.919 of you guys heard that we had an infestation of 59 00:03:28.000 --> 00:03:31.000 cockroaches in an apartment that a young lady called us about. 60 00:03:31.199 --> 00:03:34.240 We've got to follow up on that as well. Right now, 61 00:03:34.280 --> 00:03:36.719 we're going to start out by going immediately to the phones. 62 00:03:36.759 --> 00:03:40.080 We've got Billy waiting. Billy, what's going on. You've got 63 00:03:40.080 --> 00:03:41.400 a warranty issue on your truck? 64 00:03:42.639 --> 00:03:43.680 Yes, sir, I sure do. 65 00:03:45.439 --> 00:03:46.240 Tell us about it. 66 00:03:47.520 --> 00:03:52.039 So in January of this year, I bought into endurance warranty. 67 00:03:52.639 --> 00:03:54.199 What is an endurance warranty? 68 00:03:55.000 --> 00:04:00.719 So it's an aftermarket automotive warranty service, okay, urinety for 69 00:04:00.879 --> 00:04:06.039 breakdowns and whatever. They cover certain parts of the drive 70 00:04:06.159 --> 00:04:10.039 train and other components. 71 00:04:10.240 --> 00:04:12.479 Okay, Now, how did you How did you decide to 72 00:04:12.479 --> 00:04:16.279 buy that warranty? Was that just a solicitation you received 73 00:04:16.319 --> 00:04:18.600 or did you look them up? Or how did you 74 00:04:18.639 --> 00:04:19.000 come with it? 75 00:04:19.480 --> 00:04:24.800 I was a customer with them previously, okay, So I 76 00:04:24.879 --> 00:04:28.079 decided to go back with them because my first round 77 00:04:28.120 --> 00:04:30.399 with them I had no problems. 78 00:04:31.360 --> 00:04:33.759 Okay, So tell me about what's going on. 79 00:04:35.120 --> 00:04:35.439 Okay. 80 00:04:35.439 --> 00:04:38.720 So I bought into this contract back in January. I 81 00:04:38.839 --> 00:04:42.639 just purchased a well it knew to me twenty eleven 82 00:04:42.839 --> 00:04:47.279 one fifty okay. So I bought into it to protect 83 00:04:47.279 --> 00:04:52.720 my investment and in back on the eighteenth of this month, 84 00:04:53.480 --> 00:04:58.680 I suffered a catastrophic failure of an engine component that 85 00:04:58.879 --> 00:05:00.279 was covered under the warrant. 86 00:05:00.360 --> 00:05:01.920 Okay? Which component? 87 00:05:03.680 --> 00:05:07.199 It was a terrible So the turbo blew up and 88 00:05:07.240 --> 00:05:12.519 it sent metal fragments into the intake menifold, which in 89 00:05:12.600 --> 00:05:16.879 turn gets down to the engine, chose up bearings, it rings, 90 00:05:17.160 --> 00:05:21.319 all kinds of bands destroys the engine. But when I 91 00:05:21.560 --> 00:05:24.399 filed my claim, they denied. 92 00:05:24.040 --> 00:05:25.680 My claim for the. 93 00:05:25.680 --> 00:05:31.879 Coverage for a technicality that they had didn't take any 94 00:05:31.920 --> 00:05:35.000 steps to rectify on their behalf. 95 00:05:35.160 --> 00:05:36.600 What was the technicality? 96 00:05:37.720 --> 00:05:41.000 So when I signed for the contract, they asked me 97 00:05:41.040 --> 00:05:44.399 what the mileage well of the vehicle was, and at 98 00:05:44.439 --> 00:05:49.240 the time I didn't have the actual miles because I 99 00:05:48.120 --> 00:05:53.079 didn't I hadn't taken delivery of the truck yet. So 100 00:05:53.120 --> 00:05:56.199 I gave him the best estimate of what I remember, 101 00:05:57.519 --> 00:06:01.199 and I was only five hundred and fifty three miles. 102 00:06:00.439 --> 00:06:04.439 High or low of the low, okay. 103 00:06:05.439 --> 00:06:08.560 So they gave me a one hundred thousand mile warranty which 104 00:06:08.600 --> 00:06:11.160 covered me to I think it was only two hundred 105 00:06:11.160 --> 00:06:16.560 and ninety six thousand miles, so I'm below that to 106 00:06:16.759 --> 00:06:22.160 ninety six. But they denied my claim because they said 107 00:06:22.199 --> 00:06:26.240 I didn't call back in the alloted amount of time 108 00:06:26.879 --> 00:06:32.319 with the actual miles, and with that being said, nobody 109 00:06:32.399 --> 00:06:37.560 ever contacting me within that thirty days to say we're 110 00:06:37.600 --> 00:06:41.279 missing information. If you want to keep the contract. 111 00:06:41.079 --> 00:06:44.000 Billy, do you have the contract where it says you 112 00:06:44.079 --> 00:06:45.759 have to follow up and call them back. 113 00:06:47.079 --> 00:06:48.519 I don't right in front of me. 114 00:06:48.720 --> 00:06:51.000 Did they point out to you what provision they were 115 00:06:51.000 --> 00:06:53.399 relying on to catch Not. 116 00:06:53.399 --> 00:06:55.439 That I remember with the initial conversation. 117 00:06:56.040 --> 00:06:58.040 So, just to recap, you bought a truck that had 118 00:06:58.040 --> 00:07:00.839 one hundred and ninety six thousand miles on it as 119 00:07:00.839 --> 00:07:04.759 a twenty eleven f one fifty. And how many miles 120 00:07:04.759 --> 00:07:06.680 have you put on it since you bought it? 121 00:07:07.319 --> 00:07:09.560 So it's got about two hundred and four thousand on 122 00:07:09.600 --> 00:07:10.319 it now. 123 00:07:10.759 --> 00:07:13.959 Okay, so not that many new miles and the turbo 124 00:07:14.720 --> 00:07:15.920 takes a dump on you. 125 00:07:16.800 --> 00:07:18.759 Yes, sir, Billy. 126 00:07:18.839 --> 00:07:21.680 Did you buy this warranty through the dealer where you 127 00:07:21.680 --> 00:07:24.720 bought the truck or just a completely unrelated transaction? 128 00:07:25.519 --> 00:07:29.519 No, it was a third party dealer. Yeah, so I 129 00:07:29.600 --> 00:07:33.360 purchased the truck, called the company signed up for it. 130 00:07:33.399 --> 00:07:37.879 Again, how much did you the warranty, Billy? 131 00:07:38.519 --> 00:07:41.639 So? I believe it was like one hundred and fifty 132 00:07:41.680 --> 00:07:43.920 seven one hundred and fifty eight dollars a month? 133 00:07:44.319 --> 00:07:44.759 A month? 134 00:07:45.920 --> 00:07:47.959 Yes, and when did you What was the month and 135 00:07:48.079 --> 00:07:49.199 year you bought the warranty? 136 00:07:50.480 --> 00:07:52.040 January of twenty five. 137 00:07:52.639 --> 00:07:55.680 Hey, uh, I've read a bunch of these now. And 138 00:07:55.879 --> 00:08:00.399 some of these warranties have a certain period where you 139 00:08:00.399 --> 00:08:04.759 can cancel the warranty. If you look through your contract 140 00:08:05.160 --> 00:08:10.120 to see if there's a cancelation provision, uh that that 141 00:08:10.120 --> 00:08:12.240 that you can at least use to escape your your 142 00:08:12.240 --> 00:08:14.399 ongoing monthly obligation under this warrancy. 143 00:08:15.600 --> 00:08:19.680 Well, yeah there is, and I have taken steps to 144 00:08:19.720 --> 00:08:22.600 cancel them, but he doesn't want to as of this 145 00:08:22.759 --> 00:08:28.120 month because they had no intentions. So my complaint is 146 00:08:29.000 --> 00:08:32.600 that they continue to take my money right or a 147 00:08:32.679 --> 00:08:35.519 contract that they knew was void. 148 00:08:37.519 --> 00:08:39.720 Well, I think you've got a lot of issues going 149 00:08:39.759 --> 00:08:40.120 on here. 150 00:08:40.519 --> 00:08:41.399 Why was it void? 151 00:08:41.840 --> 00:08:46.639 Because this particular no, they're saying that he voided the 152 00:08:46.679 --> 00:08:49.279 contract by not calling back with the actual okay, the 153 00:08:49.279 --> 00:08:52.559 whole thing. But I would suggest that they waive that 154 00:08:52.559 --> 00:08:56.240 that you know, objection by continuing to take the payments 155 00:08:56.279 --> 00:09:00.559 on it. You know, I mean, as a hypertechnical excuse, Listen, 156 00:09:00.559 --> 00:09:04.720 here's the deal on all these warranties and and you 157 00:09:04.759 --> 00:09:09.320 know your things like oh, I can't even think of 158 00:09:09.360 --> 00:09:12.879 the word right now, but you're the thing that pays 159 00:09:12.919 --> 00:09:15.000 off your balance if you get in an accident. All 160 00:09:15.039 --> 00:09:17.200 the gap insured gap insurance all that kind of stuff. 161 00:09:17.200 --> 00:09:19.519 We deal with that all the time. Here's here's the 162 00:09:19.519 --> 00:09:25.399 reality of these contracts. They want you to never be 163 00:09:25.440 --> 00:09:28.840 able to follow a claim successfully. That's their goal. I 164 00:09:28.919 --> 00:09:31.039 mean they set out with that in mind. There's no 165 00:09:31.200 --> 00:09:34.399 part of their business model that is really built around 166 00:09:34.399 --> 00:09:38.159 paying claims that the payment of a claim is an anomaly. 167 00:09:38.919 --> 00:09:41.360 So if they can get you on a technicality, and 168 00:09:41.360 --> 00:09:43.159 for gap insurance, one of the ones that we run 169 00:09:43.200 --> 00:09:47.600 into all the time is like you didn't strictly follow 170 00:09:47.639 --> 00:09:50.159 the rules to put us on notice following the accident. 171 00:09:50.519 --> 00:09:53.080 You know, you've only got X number of days to 172 00:09:54.000 --> 00:09:57.679 call in and fax in with three copies of this, 173 00:09:57.879 --> 00:10:01.200 and you know, and sometimes are clients have cars that 174 00:10:01.240 --> 00:10:05.519 are in tow yards and the papers are wadded up 175 00:10:05.519 --> 00:10:07.360 in an envelope and they're in the glove box and 176 00:10:07.399 --> 00:10:09.840 they don't have access to it, or it gets totaled 177 00:10:09.879 --> 00:10:13.080 and it's sitting on you know, coparts or something up 178 00:10:13.120 --> 00:10:15.919 in Brighton and they can't get access to the paperwork, 179 00:10:16.120 --> 00:10:18.120 so they don't even know what the steps are to 180 00:10:18.120 --> 00:10:21.600 comply with it. And personally, I think those things are 181 00:10:21.679 --> 00:10:25.200 just almost criminal. I mean, the number of times we 182 00:10:25.240 --> 00:10:29.159 hear about people that successfully have something major paid for, 183 00:10:29.840 --> 00:10:33.519 like a warranty on a turbo that dumps your entire engine. 184 00:10:33.600 --> 00:10:36.919 I mean, is your whole engine needing to be replaced 185 00:10:37.000 --> 00:10:42.480 or rebuilt? Yes, sir, yeah, I mean, now you know, 186 00:10:43.000 --> 00:10:46.919 three hundred thousand mile forward is you know, nearing the 187 00:10:47.120 --> 00:10:51.720 end of life anyway and most people's eyes, but that's 188 00:10:51.759 --> 00:10:54.759 still going to be a huge repair for you. And 189 00:10:54.399 --> 00:10:57.840 so really the answer to your question, Billy is going 190 00:10:57.919 --> 00:11:00.919 to come down to taking a very hard look at 191 00:11:00.919 --> 00:11:04.960 that contract and what provisions they're relying upon, and if 192 00:11:04.960 --> 00:11:06.879 they don't have it spelled out in there, that you 193 00:11:06.960 --> 00:11:10.159 have an absolute duty to call them back and give 194 00:11:10.200 --> 00:11:13.639 them the actual knowledge or some kind of milage certification 195 00:11:13.759 --> 00:11:16.320 after a certain point. I mean, it's going to take 196 00:11:16.360 --> 00:11:19.480 some hard looking at that contract and also some hard 197 00:11:19.559 --> 00:11:24.240 legal research to really see if them continuing to take 198 00:11:24.279 --> 00:11:26.320 your money is going to be considered a waiver of 199 00:11:26.360 --> 00:11:28.960 that or if there's any way to enforce the contract. 200 00:11:29.080 --> 00:11:33.799 What do you think about it, Brad, Yeah, I do. 201 00:11:35.000 --> 00:11:38.600 Pardon me, I do see that warranty issue is putting 202 00:11:38.600 --> 00:11:41.399 a lot of conditions. For example, we have a car 203 00:11:41.399 --> 00:11:43.120 in our family that had a rap put on it, 204 00:11:43.559 --> 00:11:46.080 but as a condition of the warranty, for the continued 205 00:11:46.120 --> 00:11:48.279 durability of the rap, you had to go and have 206 00:11:48.320 --> 00:11:51.200 it inspected by them once a year. I mean, that's 207 00:11:51.240 --> 00:11:53.480 just a little unrealistic, and nobody's going to do that. 208 00:11:53.799 --> 00:11:55.960 So when it comes time to actually make a claim, 209 00:11:56.679 --> 00:11:58.559 you know, they're going to point to that kind of 210 00:11:58.639 --> 00:11:59.559 ridiculous condition. 211 00:12:00.000 --> 00:12:03.320 Oh my god, if you had just complied with the deal, 212 00:12:03.399 --> 00:12:05.399 we would have found the problem in this never would 213 00:12:05.440 --> 00:12:07.360 have happened, you know. So these kind of. 214 00:12:07.279 --> 00:12:10.000 Things may be disputable in a court as a matter 215 00:12:10.039 --> 00:12:14.519 of law. You know, perhaps the black and white language 216 00:12:14.600 --> 00:12:19.159 of the warranty agreement is not enforceable as written so 217 00:12:19.240 --> 00:12:22.279 strictly in favor of the warranty issuer. So but you 218 00:12:22.320 --> 00:12:24.320 don't know until you look at the case law on 219 00:12:25.000 --> 00:12:27.559 that topic and get in front of a judge sometimes right. 220 00:12:27.440 --> 00:12:29.600 Well, not only that, but I have even more bad 221 00:12:29.679 --> 00:12:32.440 news for Brad. I've read a fair number of these 222 00:12:32.519 --> 00:12:36.360 extended warranties for used cars now everything, and by the way, 223 00:12:36.440 --> 00:12:38.360 no one has ever gotten paid a dollar, which is 224 00:12:38.360 --> 00:12:42.440 why I read these contracts, and every single one of 225 00:12:42.440 --> 00:12:46.679 them has a mandatory arbitration provision, so he won't even 226 00:12:46.679 --> 00:12:49.519 be able to take them to court. And as you know, 227 00:12:49.679 --> 00:12:53.320 arbitration is going to be not only tremendously expensive compared 228 00:12:53.320 --> 00:12:55.799 to what it costs to sue somebody in court, but 229 00:12:55.919 --> 00:12:59.919 the arbitrator is hired by the defendant and they are 230 00:13:00.080 --> 00:13:02.840 betrayeder nose that if he wants, if he wants to 231 00:13:02.879 --> 00:13:05.840 continue to receive these cases, he or she better not 232 00:13:05.919 --> 00:13:08.639 rule too many times against the respondent. 233 00:13:08.840 --> 00:13:10.919 Yeah, hey, Billy, I'm gonna put you on hold and 234 00:13:10.960 --> 00:13:13.000 see if Kelly can get your information. I'd like you 235 00:13:13.039 --> 00:13:15.600 to try to get that contract to us so that 236 00:13:15.639 --> 00:13:18.639 we can take a look. And we're happy to look 237 00:13:18.679 --> 00:13:20.679 it over and see if there's any you know, anything 238 00:13:20.759 --> 00:13:24.480 there that that we think is newsworthy or something in 239 00:13:24.559 --> 00:13:27.000 an effort to try to help you out. Okay, we're 240 00:13:27.039 --> 00:13:29.679 going to thank you. We're going to go to a 241 00:13:29.720 --> 00:13:31.679 break right now, and we'll be right back. 242 00:13:36.000 --> 00:13:39.240 Go with a sure thing Denver's Best roofer Excel Roofing 243 00:13:39.360 --> 00:13:42.000 dot com. You don't pay a cent until you're content. 244 00:13:45.360 --> 00:13:48.559 Time for an insurance check up free, no obligation. In comparison, 245 00:13:48.679 --> 00:13:52.240 call Compass insurance paying too much your coverage at dozens 246 00:13:52.279 --> 00:13:55.000 of insurance companies. Find Out Now three O three seven 247 00:13:55.120 --> 00:13:57.919 seven to one help. You'll think you're his only customer 248 00:13:57.960 --> 00:14:00.720 when you choose Frank durand the real estate man to 249 00:14:00.799 --> 00:14:04.039 list your home with Remax Alliance three all three nine 250 00:14:04.039 --> 00:14:10.159 two zero sixteen twenty two. 251 00:14:15.320 --> 00:14:18.720 Good morning, this is John Fuller with the Troubleshooter Network. 252 00:14:18.759 --> 00:14:23.159 We are back and moving along here. Hopefully we get 253 00:14:23.159 --> 00:14:25.960 that contract in here. You know, Dimitri brought up a 254 00:14:26.200 --> 00:14:29.720 really good point, and that's that most of these consumer 255 00:14:29.799 --> 00:14:34.120 contracts have you know, arbitration provisions, and those are just 256 00:14:34.600 --> 00:14:38.799 horrible from the consumer standpoint. But there's so little negotiability 257 00:14:38.799 --> 00:14:41.320 that you have in those. And the reason why they're 258 00:14:41.360 --> 00:14:44.320 bad and the reason why you should always be, you know, 259 00:14:44.440 --> 00:14:50.039 worried about arbitration provisions and contracts. It's not truly designed 260 00:14:50.080 --> 00:14:53.120 to be a less costly, more efficient way to get 261 00:14:53.159 --> 00:14:57.240 to dispute resolution. What it is is designed to be 262 00:14:57.840 --> 00:15:02.480 an impediment to you airing your grievance. Okay, if they 263 00:15:02.559 --> 00:15:05.360 make the cost of entry too expensive, if you have 264 00:15:05.399 --> 00:15:09.440 to hire an American arbitration association you know neutral or 265 00:15:09.519 --> 00:15:13.120 mediator or arbitrator or whatever the person is called, and 266 00:15:13.159 --> 00:15:16.559 that person is ten thousand dollars to hear your dispute 267 00:15:16.639 --> 00:15:20.000 over a one thousand dollars warranty. You're not gonna do it. 268 00:15:20.559 --> 00:15:23.600 And that's exactly the point of putting that provision in there. 269 00:15:23.679 --> 00:15:26.000 It's not at all to help you. It's to be 270 00:15:26.120 --> 00:15:29.600 an impediment to you having any avenue to go and 271 00:15:29.639 --> 00:15:30.519 air your grievance. 272 00:15:30.639 --> 00:15:33.360 Hey, John, not only that one. Is it one arbira 273 00:15:33.639 --> 00:15:34.600 or a panel of three? 274 00:15:35.320 --> 00:15:37.720 It work, It could go either way. Sometimes they'll just 275 00:15:37.759 --> 00:15:41.039 say to a single arbiter, it's all contract. So it's 276 00:15:41.120 --> 00:15:44.279 what's in the contract, okay. And so I've seen them 277 00:15:44.279 --> 00:15:47.000 where they say we'll do it to a single arbiter. 278 00:15:47.120 --> 00:15:49.000 I've seen it to where they say we'll do it 279 00:15:49.000 --> 00:15:51.519 to a panel of three, where we pick one, you 280 00:15:51.639 --> 00:15:54.240 pick one, and then those two will pick the third, 281 00:15:55.200 --> 00:15:57.399 which I mean then you're paying for three of them. 282 00:15:57.519 --> 00:16:01.120 It really gets expensive because these aren't judges. You know, 283 00:16:01.159 --> 00:16:03.840 you think about going down to court and following a 284 00:16:03.840 --> 00:16:07.120 small claims matter for fifty bucks or whatever whatever the 285 00:16:07.159 --> 00:16:09.879 cost is of doing that, and you get a jury 286 00:16:09.919 --> 00:16:13.759 for free in court, and you know it's this is 287 00:16:14.480 --> 00:16:18.240 pay court, this is you know this is court for money, 288 00:16:18.360 --> 00:16:20.200 and you have to pay to get in the door, 289 00:16:20.879 --> 00:16:23.200 and then you know, and then if you really just 290 00:16:23.279 --> 00:16:25.440 knock one out of the park many times, at the 291 00:16:25.519 --> 00:16:29.399 end of arbitration, you then seek to enforce that award 292 00:16:29.639 --> 00:16:32.519 and you've got to almost relitigate the whole dang thing 293 00:16:32.600 --> 00:16:34.080 in court all over again. 294 00:16:34.320 --> 00:16:39.919 And John, does the winner get to have his costs 295 00:16:40.039 --> 00:16:41.279 reimbursed by the losers? 296 00:16:41.360 --> 00:16:46.960 Sometimes every one of these contracts that I've read has 297 00:16:47.080 --> 00:16:51.039 the arbitration provision, and each of those provisions has a 298 00:16:51.159 --> 00:16:55.679 cost shifting provision, every single one. Right, So if our 299 00:16:55.720 --> 00:17:00.440 caller here loses, which he probably will based on inexperience, yeah, 300 00:17:00.519 --> 00:17:02.840 he's going to get stuck with god knows how many 301 00:17:02.840 --> 00:17:05.799 thousands of dollars of the insurance comp or the warranty 302 00:17:05.839 --> 00:17:06.720 company's costs. 303 00:17:06.880 --> 00:17:09.039 So just think about it. Maybe the cost of that 304 00:17:09.119 --> 00:17:12.359 new engine is what ten grand, fifteen grand? Maybe I 305 00:17:12.759 --> 00:17:14.799 don't know what the cost is. I didn't get enough detail. 306 00:17:14.839 --> 00:17:16.960 It maybe a diesel and it's more money, but I 307 00:17:16.960 --> 00:17:19.920 mean it's not cheap. Let's call it ten grand. If 308 00:17:19.960 --> 00:17:23.799 you go into that and just getting in the door 309 00:17:23.960 --> 00:17:28.400 and representing yourself and all that stuff, you've probably got 310 00:17:28.440 --> 00:17:31.920 another ten or fifteen thousand dollars of paying the arbitrators 311 00:17:31.920 --> 00:17:34.400 to get up to be able to even air your grievance. 312 00:17:35.519 --> 00:17:38.039 If you know that at the end of the day, 313 00:17:38.079 --> 00:17:42.039 if you lose, you've got to pay. You've already paid 314 00:17:42.079 --> 00:17:45.920 your ten to fifteen for the arbitration process. You're already 315 00:17:45.960 --> 00:17:48.359 out ten to fifteen on your truck that's sitting in 316 00:17:48.440 --> 00:17:51.079 the backyard dead because you can't afford to fix it. 317 00:17:51.519 --> 00:17:54.359 And now you've got an award of the other guy's cost. 318 00:17:55.960 --> 00:17:59.079 You know, you're out forty forty five thousand dollars on 319 00:17:59.119 --> 00:18:03.359 this warranty all because you didn't call them with the 320 00:18:03.480 --> 00:18:07.000 accurate knowledge within five hundred miles of You know, that 321 00:18:07.160 --> 00:18:09.960 is absolutely ridiculous on a truck that had one hundred 322 00:18:10.000 --> 00:18:13.079 and ninety six thousand miles on it. I mean, I 323 00:18:13.119 --> 00:18:16.599 can't even believe that, you know, really and truly, is 324 00:18:16.640 --> 00:18:19.400 anybody truly trying to warrant a truck with two hundred 325 00:18:19.400 --> 00:18:22.440 thousand miles on it? They sold that without ever having 326 00:18:22.440 --> 00:18:26.960 any intention of paying a claim ever, and you know 327 00:18:27.000 --> 00:18:27.720 they'll never call. 328 00:18:27.920 --> 00:18:30.119 You can't prove that, right, You can't prove that. 329 00:18:30.279 --> 00:18:33.720 But you know that the character shows that, you know, 330 00:18:33.839 --> 00:18:36.160 let's see all these claims that you've paid, and they're like, well, 331 00:18:36.200 --> 00:18:40.039 we paid for a battery for Joe, and it's like, well, yes, 332 00:18:40.200 --> 00:18:44.720 but when the three thousand dollars turbo took a crap 333 00:18:44.839 --> 00:18:48.559 and it shelled his entire motor. You can't line up 334 00:18:48.559 --> 00:18:50.920 a whole list of witnesses here that say, yeah, I've 335 00:18:50.920 --> 00:18:53.079 got a brand new engine out in the parking lot 336 00:18:53.160 --> 00:18:57.119 right now that Endurance or whoever paid for. I mean, 337 00:18:57.759 --> 00:19:00.359 you know, maybe once in a blue moon, somebody's their 338 00:19:00.400 --> 00:19:02.720 feet just perfectly held to the fire, and they can 339 00:19:02.759 --> 00:19:06.759 force them to do that, but the reality is that 340 00:19:06.799 --> 00:19:09.680 their business model is set up with no intention of 341 00:19:09.720 --> 00:19:12.960 paying those claims. So we've got a couple of callers 342 00:19:12.960 --> 00:19:15.039 lined up. We're going to take another quick break and 343 00:19:15.079 --> 00:19:17.599 then we'll be right back. Meryl, you're up next. We'll 344 00:19:17.640 --> 00:19:19.440 be right back on the Troubleshooter Network. 345 00:19:23.319 --> 00:19:26.559 Go with a sure thing Denver's Best Roofer Excel Roofing 346 00:19:26.680 --> 00:19:27.279 dot com. 347 00:19:27.319 --> 00:19:29.319 You don't pay a cent until you're content. 348 00:19:32.680 --> 00:19:36.240 Time for an insurance checkup, free no obligation comparison call 349 00:19:36.359 --> 00:19:39.680 Compass Insurance paying too much your coverage at dozens of 350 00:19:39.680 --> 00:19:42.359 insurance companies find out now three O three seven to 351 00:19:42.440 --> 00:19:45.240 seven to one help. You'll think you're his only customer 352 00:19:45.279 --> 00:19:47.519 when you choose Frank durand the real estate man dot 353 00:19:47.559 --> 00:19:51.039 Com to list your home with Remax Alliance three three 354 00:19:51.160 --> 00:19:59.000 nine two zero sixteen twenty two. 355 00:20:03.960 --> 00:20:06.759 All right, welcome back, John Fuller here on the Troubleshooter Network. 356 00:20:06.839 --> 00:20:11.000 We are moving right along here. The way to get 357 00:20:11.039 --> 00:20:13.240 a hold of us in the studio here is to 358 00:20:13.279 --> 00:20:15.400 give us a call at three oho three seven one 359 00:20:15.480 --> 00:20:17.839 three eighty two five five. We encourage you to do that. 360 00:20:18.079 --> 00:20:20.599 This is a show where we're here to help you. 361 00:20:20.640 --> 00:20:23.200 So if you've been scammed, you've been the victim of 362 00:20:24.039 --> 00:20:26.279 any of these crazy things that are going on out 363 00:20:26.279 --> 00:20:28.599 there in the world, or you've got a contractor or 364 00:20:28.640 --> 00:20:31.160 an employment issue, anything like that that we can help 365 00:20:31.200 --> 00:20:33.200 you with, give us a call. We're here to help 366 00:20:33.240 --> 00:20:36.240 you today. In the studio, we have a full house. 367 00:20:36.279 --> 00:20:39.559 We have myself and Brad O'Brien, both attorneys here in 368 00:20:39.599 --> 00:20:42.440 the community here to help out. And we also have 369 00:20:42.519 --> 00:20:46.960 a full assortment of deputies including Deputy Bo, Deputy Doc 370 00:20:47.000 --> 00:20:50.440 and Deputy Dimitri. So we have a full house. And 371 00:20:50.480 --> 00:20:53.799 when you combine the experience of all you know, five 372 00:20:53.839 --> 00:20:56.960 of the people in here. You're talking a lot of 373 00:20:57.079 --> 00:21:00.640 years of experience in a lot of different areas that 374 00:21:00.680 --> 00:21:02.880 we can bring to the table in helping you work 375 00:21:02.920 --> 00:21:03.559 through these issues. 376 00:21:03.640 --> 00:21:05.799 Can say something John, yea, not only. 377 00:21:07.400 --> 00:21:10.880 I have more years of experience than others, what would. 378 00:21:10.680 --> 00:21:11.720 Really help you? 379 00:21:11.759 --> 00:21:11.880 Know? 380 00:21:12.160 --> 00:21:15.839 We encourage people to call before the problem arises. If 381 00:21:15.880 --> 00:21:18.920 you're going into a contract, if you're going to hire somebody, 382 00:21:19.440 --> 00:21:23.880 if you have any lingering doubts about what's going to happen, 383 00:21:24.319 --> 00:21:27.480 call us before so that we can give you some 384 00:21:27.559 --> 00:21:30.960 advice on how to prevent the issue rather than solving 385 00:21:31.000 --> 00:21:33.680 it after the fact. And we do a big service 386 00:21:33.720 --> 00:21:34.000 by that. 387 00:21:34.799 --> 00:21:37.000 And with Doc in particular, you can talk about the 388 00:21:37.039 --> 00:21:40.119 pregnancy before you actually get pregnant. So that has the 389 00:21:40.200 --> 00:21:42.839 added benefit of being able to kind of, you know, 390 00:21:42.920 --> 00:21:44.440 foresee what the future might. 391 00:21:44.319 --> 00:21:46.440 Hold any sex questions. I'm happy to. 392 00:21:46.400 --> 00:21:50.720 Help our resident expert, Merrill. You've been holding with an 393 00:21:50.720 --> 00:21:52.759 issue on car insurance. What's going on, Meryl? 394 00:21:54.359 --> 00:21:59.720 Hi? So I have been I've been insured with Skycoper 395 00:21:59.759 --> 00:22:00.960 sixteen years. 396 00:22:00.720 --> 00:22:05.160 For my car and we canceled. 397 00:22:04.640 --> 00:22:09.759 The insurance on December twenty fourth of twenty. 398 00:22:09.480 --> 00:22:13.359 Twenty five, and I went with all State so that 399 00:22:13.400 --> 00:22:17.799 I could bundle my home and my car because Geico 400 00:22:17.920 --> 00:22:24.759 became cost prohibitive. It was underwritten by Travelers. And then 401 00:22:24.799 --> 00:22:28.400 I went on and was with USAA. So my issue, 402 00:22:28.680 --> 00:22:33.559 John is Gico has never canceled my policy. 403 00:22:35.079 --> 00:22:40.400 And they kept sending me a deck page insurance cards, 404 00:22:41.000 --> 00:22:43.799 and right before they were going to take. 405 00:22:43.599 --> 00:22:46.319 Out over seven hundred dollars on. 406 00:22:46.279 --> 00:22:50.160 April twenty six, I. 407 00:22:49.839 --> 00:22:53.519 Caught that and my agent at all State, we did 408 00:22:53.559 --> 00:22:55.920 a three way call with them. 409 00:22:56.519 --> 00:23:03.160 And they said, sorry, we can only back cancel thirty days. 410 00:23:03.599 --> 00:23:05.400 I'm not using the correct verbage, but we. 411 00:23:05.359 --> 00:23:10.359 Can only backdate the cancelation thirty days to the twenty 412 00:23:10.400 --> 00:23:11.920 fourth of March. 413 00:23:12.799 --> 00:23:15.920 Meryl, when you originally canceled that back in December. Did 414 00:23:15.960 --> 00:23:16.880 you do that in writing? 415 00:23:18.839 --> 00:23:20.160 We did it on the phone. 416 00:23:20.200 --> 00:23:23.160 But I had a confirmation number because. 417 00:23:23.960 --> 00:23:26.559 I just be court reporter. I'm kind of a note taker, 418 00:23:26.599 --> 00:23:29.720 and I said I need a confirmation number. So they 419 00:23:29.759 --> 00:23:33.839 said the confirmation number is your policy number and today's 420 00:23:33.960 --> 00:23:35.319 date twelve twenty four. 421 00:23:37.279 --> 00:23:39.839 But it never got canceled, and the right hand never 422 00:23:39.920 --> 00:23:41.519 knew what the left hand was doing. 423 00:23:42.240 --> 00:23:46.400 And is that confirmation number not give you some point 424 00:23:46.400 --> 00:23:48.240 of reference that you did the cancelation? 425 00:23:51.279 --> 00:23:52.440 We just have emails. 426 00:23:52.559 --> 00:23:54.480 I mean, that's what I'm saying. Are they claiming that 427 00:23:54.559 --> 00:23:56.680 you didn't cancel it? And you say, oh, but I 428 00:23:56.720 --> 00:24:00.960 have a cancelation confirmation and right, what's going on there? 429 00:24:01.640 --> 00:24:03.799 So I said, let me talk to your boss? 430 00:24:04.559 --> 00:24:07.000 Well may I talked to your boss's boss. 431 00:24:06.880 --> 00:24:10.799 And so Michael Bays is my agent. 432 00:24:10.640 --> 00:24:15.640 With b YS with All State, And as. 433 00:24:15.480 --> 00:24:20.519 Of yesterday, I finally said, Okay, I guess I'm going 434 00:24:20.559 --> 00:24:22.680 to walk away unless I you know, or go to 435 00:24:22.720 --> 00:24:26.759 the insurance Commission. I loved GLICO, but I just can't 436 00:24:26.839 --> 00:24:30.480 seem to extricate myself from them. And there's there's something 437 00:24:30.559 --> 00:24:31.559 wrong with this. 438 00:24:32.119 --> 00:24:32.480 GARYL. 439 00:24:32.720 --> 00:24:33.000 Meryl. 440 00:24:33.079 --> 00:24:35.519 Here's something I don't understand about what you told us. 441 00:24:35.759 --> 00:24:39.359 Do they deny that you canceled in December? 442 00:24:41.200 --> 00:24:41.519 Yes? 443 00:24:41.920 --> 00:24:45.119 And did you give them the cancelation confirmation number? 444 00:24:46.000 --> 00:24:46.240 Yes? 445 00:24:46.279 --> 00:24:46.640 I did? 446 00:24:46.759 --> 00:24:50.839 And what was their response to that cancelation confirmation numbers? 447 00:24:50.920 --> 00:24:53.240 Responses You're going to have to talk to one of 448 00:24:53.279 --> 00:24:57.480 our higher ups in management because we can only go 449 00:24:57.640 --> 00:25:01.799 back thirty days from today, which. 450 00:25:01.680 --> 00:25:03.480 The day that we were talking to them. 451 00:25:04.200 --> 00:25:07.759 Was the twenty fourth, So are they billing you seven 452 00:25:07.799 --> 00:25:10.720 hundred a month or how what is the payment frequency? 453 00:25:11.400 --> 00:25:14.559 They said, we will give you back seven dollars and 454 00:25:14.599 --> 00:25:16.160 fifty cents. 455 00:25:16.960 --> 00:25:19.599 Wait, what about that payment? That was the seven hundred 456 00:25:19.640 --> 00:25:21.759 dollars payment you just mentioned. What was that all about? 457 00:25:22.039 --> 00:25:24.400 Did they already would draw that payment from your accountant? 458 00:25:25.319 --> 00:25:30.640 That was them saying a second, I'm looking at my 459 00:25:32.519 --> 00:25:34.519 I'm looking at my phone. The email that came in 460 00:25:34.599 --> 00:25:35.960 yesterday from my agent. 461 00:25:36.799 --> 00:25:38.880 Well, wait a minute, your agent works for an entirely 462 00:25:38.880 --> 00:25:39.559 different company. 463 00:25:39.599 --> 00:25:42.839 Your agent truly has for All State, and we've had 464 00:25:43.240 --> 00:25:47.759 three way calls with them, with his assistant, and when 465 00:25:47.799 --> 00:25:52.559 we spoke to Geico, they always say, okay, we understand, 466 00:25:52.759 --> 00:25:56.480 but we can only go back thirty days. And we're 467 00:25:56.480 --> 00:25:57.920 saying she canceled. 468 00:25:57.480 --> 00:26:01.680 It on Christmas Eve, right, So. 469 00:26:03.680 --> 00:26:05.079 It's a confusing story. 470 00:26:05.160 --> 00:26:09.759 Back. So here's here's a couple of here's a couple 471 00:26:09.799 --> 00:26:14.960 of points. Okay. Number one, I always hate when people 472 00:26:15.000 --> 00:26:18.200 say I call my agent and my agent said this, 473 00:26:18.359 --> 00:26:20.599 and my agent said that, especially when it comes to 474 00:26:20.680 --> 00:26:24.920 problems and claims and stuff like that. Agents, You know, 475 00:26:25.039 --> 00:26:28.359 agents are just that, they're just an agent. They are 476 00:26:28.720 --> 00:26:33.079 a better word really usually a salesperson, and and that's 477 00:26:33.119 --> 00:26:36.160 their job is to sell you new products and and 478 00:26:36.359 --> 00:26:38.640 to keep to keep selling you new products, and to 479 00:26:38.680 --> 00:26:40.960 make you happy with what you bought. But when it 480 00:26:41.039 --> 00:26:44.079 comes to the use of that policy things that are 481 00:26:44.119 --> 00:26:48.240 actually important, like claims, they're really not involved in the process. 482 00:26:48.319 --> 00:26:50.440 Even when they tell you all we were there with you, 483 00:26:50.519 --> 00:26:53.519 we're going to help you there, they're no more help 484 00:26:53.599 --> 00:26:56.240 than your neighbor really calling in. I mean, they may 485 00:26:56.279 --> 00:26:58.160 be a little better than your neighbor, depending on who 486 00:26:58.160 --> 00:27:01.559 your neighbor is, But but they don't have any control 487 00:27:01.599 --> 00:27:04.000 over the process. They don't have any influence over the 488 00:27:04.039 --> 00:27:10.160 adjuster's decisions. They certainly don't have any impact on how 489 00:27:10.359 --> 00:27:13.759 third party claims and stuff are handled. Like certainly an 490 00:27:13.799 --> 00:27:15.640 agent would never be able to call up and say, 491 00:27:15.680 --> 00:27:19.160 don't pay a claim, or you know, you can't deny 492 00:27:19.200 --> 00:27:21.799 this claim, you need to approve it and all of 493 00:27:21.839 --> 00:27:24.400 a sudden get an insurance company to change course and 494 00:27:24.720 --> 00:27:27.440 go in a different direction. That's just not something an 495 00:27:27.480 --> 00:27:30.640 agent has the power to do. So with that being said, 496 00:27:30.839 --> 00:27:33.200 I appreciate that your agent is trying to help, but 497 00:27:33.240 --> 00:27:34.960 I don't know that they're going to help you really 498 00:27:34.960 --> 00:27:37.039 be able to resolve this, or at least they're not 499 00:27:37.039 --> 00:27:40.400 going to have any credibility in this conversation. With respect 500 00:27:40.400 --> 00:27:42.599 to Geico, You've got two things going on. You do 501 00:27:42.640 --> 00:27:44.640 have a confirmation number, and you do have a series 502 00:27:44.680 --> 00:27:47.640 of emails, and that becomes important. And you said the 503 00:27:47.720 --> 00:27:51.160 key words. I think that hold the solution, and that's 504 00:27:51.160 --> 00:27:54.000 going to be the insurance Commission because whether Geico can 505 00:27:54.039 --> 00:27:56.440 go back thirty days or not, if we've got an 506 00:27:56.480 --> 00:28:00.759 issue of them overcharging you and claiming some proceed hurdle 507 00:28:00.839 --> 00:28:04.480 that prohibits them from giving you back money, that is 508 00:28:04.519 --> 00:28:09.480 something that the consumer, you know, the Insurance Commissioner of 509 00:28:09.559 --> 00:28:14.759 Colorado is uniquely you know, sensitive to and I think 510 00:28:14.799 --> 00:28:17.599 in particular, if you've got the documentation and the ability 511 00:28:17.640 --> 00:28:21.079 to go back and say I documented, I have confirmation, 512 00:28:21.599 --> 00:28:24.240 this is what happened and on this date and everything else, 513 00:28:24.599 --> 00:28:27.440 it doesn't matter who your new agent is, you're going 514 00:28:27.519 --> 00:28:30.160 to find that the insurance commission is very open to 515 00:28:30.200 --> 00:28:32.640 that complaint and very open to trying to help you out. 516 00:28:33.680 --> 00:28:35.680 So that would be my suggestion. 517 00:28:35.839 --> 00:28:36.440 I do have a. 518 00:28:36.400 --> 00:28:39.599 Paper trail, you know, I value thought it was important. 519 00:28:39.680 --> 00:28:44.519 But is that the Colorado What is the name of 520 00:28:44.559 --> 00:28:45.160 the commission? 521 00:28:45.240 --> 00:28:47.759 What's the insurance Commission? I think you can find them 522 00:28:47.839 --> 00:28:48.319 under the. 523 00:28:50.279 --> 00:28:52.319 If you just go it's the Colorado of dot gov. 524 00:28:52.480 --> 00:28:52.559 Ye. 525 00:28:52.680 --> 00:28:56.119 There should be a list of places to go to. 526 00:28:56.720 --> 00:29:01.039 Right. The DORA, I think is the overall umbrella agency, 527 00:29:01.079 --> 00:29:04.720 the Department of Regulatory Agencies, But they fall under DORA 528 00:29:04.880 --> 00:29:08.000 and they're their own independent commission and they have a 529 00:29:08.039 --> 00:29:11.079 consumer hotline number that that you can bring this issue to. 530 00:29:11.720 --> 00:29:14.160 And whenever we've had issues like that in the past 531 00:29:14.160 --> 00:29:16.559 where we've actually had to, you know, hold a client's 532 00:29:16.559 --> 00:29:19.079 hand and go speak to the Insurance Commission, they have 533 00:29:19.200 --> 00:29:23.599 been very open to helping and very influential. Their calls 534 00:29:23.599 --> 00:29:27.799 seem to get returned from the insurance companies, sometimes better 535 00:29:27.799 --> 00:29:29.839 than even my calls, if you can imagine that. 536 00:29:30.480 --> 00:29:33.119 But that would be amazing. 537 00:29:33.200 --> 00:29:37.960 It is to me as well. But Meryl, that would 538 00:29:37.960 --> 00:29:41.119 be my suggestion, Brad, anything else that you can think 539 00:29:41.160 --> 00:29:46.839 of on your end. 540 00:29:44.559 --> 00:29:47.839 No, I mean my own experience, can you okay my 541 00:29:47.839 --> 00:29:52.359 own experience. I wouldn't expect calling to retroactively cancel insurance 542 00:29:52.400 --> 00:29:55.039 to have any any retroactive effect at all. Usually in 543 00:29:55.039 --> 00:29:57.359 my experience, they just cancel it as of that day, right, 544 00:29:57.400 --> 00:30:00.799 So going back a month seems to be you know, 545 00:30:01.039 --> 00:30:03.200 I'd be a good thing if you can even go 546 00:30:03.279 --> 00:30:03.759 back that far. 547 00:30:03.920 --> 00:30:06.240 Yeah, But her issue is she canceled it at on 548 00:30:06.400 --> 00:30:10.279 Christmas and just noticed the other day that they were 549 00:30:10.279 --> 00:30:12.519 fixing a take of payment. And they're saying, well, we 550 00:30:12.599 --> 00:30:14.240 never got the cancelation. 551 00:30:14.640 --> 00:30:16.759 And so I showed a since then before they were 552 00:30:16.799 --> 00:30:20.440 going to take out a draft. They've sent me another 553 00:30:20.559 --> 00:30:25.440 deck page. They've sent me cards a recent email, which 554 00:30:25.480 --> 00:30:27.920 I'm not going to do from All States and just 555 00:30:27.960 --> 00:30:31.200 send them a copy of your deck page from all State. Obviously, 556 00:30:31.279 --> 00:30:32.880 I can't deal. 557 00:30:32.680 --> 00:30:36.839 With Geico because it's impossible, so I will go to 558 00:30:36.960 --> 00:30:38.240 the insurance Commission. 559 00:30:38.680 --> 00:30:40.960 I think when you do that, I think the deck 560 00:30:41.000 --> 00:30:43.359 page from all State is helpful in the sense that 561 00:30:43.440 --> 00:30:46.799 it shows that you went out purchased insurance, you know, 562 00:30:46.920 --> 00:30:51.200 for that insurable interest with a different company. I mean, 563 00:30:51.240 --> 00:30:52.039 why would anybody. 564 00:30:52.240 --> 00:30:56.920 And I was able to extricate myself from USAA because 565 00:30:56.960 --> 00:31:00.240 I switched from USAA and Guyico to All States. No 566 00:31:00.279 --> 00:31:04.759 problem with USAA whatsoever. Cannot extricate myself from guy Code. 567 00:31:04.759 --> 00:31:06.440 They don't want to let me go, Carolyn. 568 00:31:06.440 --> 00:31:08.319 I think you've got enough of a paper trail that 569 00:31:08.359 --> 00:31:10.119 you're going to be This is going to be a 570 00:31:10.119 --> 00:31:12.640 pretty easy issue for you. You to get squared away. 571 00:31:12.720 --> 00:31:14.759 So thank you very much for the call. We'll be 572 00:31:14.920 --> 00:31:20.119 right back. This is the Troubleshooter Network. Thank you. 573 00:31:20.160 --> 00:31:23.400 Go with a sure thing Denver's best roofer Excel Roofing 574 00:31:23.519 --> 00:31:24.119 dot com. 575 00:31:24.160 --> 00:31:26.160 You don't pay a cent until you're content. 576 00:31:29.519 --> 00:31:32.720 Time for an insurance check up free, no obligation in comparison, 577 00:31:32.839 --> 00:31:36.400 call Compass Insurance paying too much your coverage at dozens 578 00:31:36.440 --> 00:31:39.160 of insurance companies find out now three O three seven 579 00:31:39.160 --> 00:31:41.519 to seven to one help. You'll think you're his only 580 00:31:41.599 --> 00:31:44.079 customer when you choose Frank durand the real estate Man 581 00:31:44.119 --> 00:31:47.519 dot com to list your home with Remax Alliance three 582 00:31:47.599 --> 00:31:53.000 oh three nine two zero sixteen twenty two. 583 00:31:57.559 --> 00:32:00.559 You don't have. 584 00:32:03.240 --> 00:32:07.799 Running just as fast as we can shoot. It's gonna help. 585 00:32:08.079 --> 00:32:09.759 Come man. 586 00:32:09.960 --> 00:32:15.200 This is the Troubleshooter Show. Now Tom Martine. 587 00:32:14.839 --> 00:32:18.200 Hey, good afternoon. John Fuller here filling in for Tom 588 00:32:18.240 --> 00:32:22.480 Martino and the Troubleshooter Network. We are rocking and rolling here. 589 00:32:22.559 --> 00:32:28.440 So here's the Troubleshooter Network. We are We're here for you. 590 00:32:28.519 --> 00:32:31.880 We're here to solve problems, take complaints, answer questions. We 591 00:32:31.960 --> 00:32:33.640 can only do that when you pick up the phone 592 00:32:33.640 --> 00:32:35.359 and give us a call at three O three seven 593 00:32:35.400 --> 00:32:37.640 one three eight two five five. We have in the 594 00:32:37.640 --> 00:32:41.880 house today three of our illustrious deputies. We have Deputy Bow, 595 00:32:42.039 --> 00:32:46.119 Deputy Doc and Deputy Dimitri Uh. They are here ready 596 00:32:46.119 --> 00:32:50.240 for deployment UH to help with your problems. So give 597 00:32:50.319 --> 00:32:52.839 us a call and we will get them dutifully assigned 598 00:32:52.839 --> 00:32:56.319 to your case so that we can we can fix 599 00:32:56.359 --> 00:32:58.559 your problems and help you out with your issues. And 600 00:32:58.960 --> 00:33:00.720 you know, we're also here to get advice and so 601 00:33:00.759 --> 00:33:04.880 if you have problems that are related to insurance, or 602 00:33:04.920 --> 00:33:08.279 accidents or real estate. Today we're lucky enough to have 603 00:33:08.359 --> 00:33:10.720 Brad O'Brien in the house. And Brad is a real 604 00:33:10.799 --> 00:33:14.079 estate attorney here in town and he is a veritable 605 00:33:14.119 --> 00:33:17.839 expert on all things with contracting, anything to do with 606 00:33:17.920 --> 00:33:22.759 real estate easement. You know, landlord tenant situations, contracts a 607 00:33:22.759 --> 00:33:26.119 whole nine yards. So you know, hey, he's here for you. 608 00:33:26.319 --> 00:33:28.480 Give us a call. We'd be happy to take your 609 00:33:28.839 --> 00:33:32.200 issue on and see what we can get accomplished. We 610 00:33:32.359 --> 00:33:35.400 have a couple of follow up issues that we wanted 611 00:33:35.440 --> 00:33:39.680 to get into today, both of which were discussed yesterday. 612 00:33:39.720 --> 00:33:42.279 One in particular we're going to start with is the 613 00:33:43.000 --> 00:33:48.599 young lady that called in with a cockroach situation, and 614 00:33:49.720 --> 00:33:53.920 Dimitri was the lucky recipient of that case, and we 615 00:33:53.960 --> 00:33:56.599 gave her some advice and Dimitri, I'll turn it over 616 00:33:56.599 --> 00:33:57.960 to you. What's the follow up? 617 00:33:58.240 --> 00:34:02.200 Well, John, you may recall that yesterday Lisa called Lisa. 618 00:34:02.480 --> 00:34:05.799 Her name is Lisa with a Y, and she said 619 00:34:05.799 --> 00:34:08.519 that she recently signed a lease to rent an apartment 620 00:34:09.159 --> 00:34:12.320 and for her and her little baby daughter, whom we 621 00:34:12.360 --> 00:34:15.480 heard in the background, and before moving in, she entered 622 00:34:15.480 --> 00:34:18.960 the apartment and she observed two cockroaches, one of which 623 00:34:19.079 --> 00:34:21.760 was dead. That was very alarming, as it would be 624 00:34:21.800 --> 00:34:24.440 for me. And she discussed the matter with some of 625 00:34:24.440 --> 00:34:26.960 the other tenets, and it turns out the apartment complex 626 00:34:27.039 --> 00:34:32.480 is allegedly overrun with cockroaches and the apartment complex praised 627 00:34:32.519 --> 00:34:36.360 for cockroaches every couple of weeks. But understandably, Lisa would 628 00:34:36.480 --> 00:34:38.559 like to get out of this lease without incurring any 629 00:34:38.559 --> 00:34:41.880 penalties for actually breaking the lease. And what was even 630 00:34:41.920 --> 00:34:44.880 more interesting is shortly after that call, we had a 631 00:34:44.920 --> 00:34:48.360 cockroach expert call in yes, and he said something I 632 00:34:48.360 --> 00:34:51.800 didn't expect, which is, in addition to these being revolting, 633 00:34:51.840 --> 00:34:56.519 filthy creatures, he said that both their droppings and their 634 00:34:56.639 --> 00:35:01.519 molted skin, when little baby children are exposed to these 635 00:35:01.519 --> 00:35:05.559 two products of cockroaches, they actually could develop asthma, which 636 00:35:05.599 --> 00:35:09.199 sounds like a very serious lifelong condition. So that just 637 00:35:09.280 --> 00:35:12.639 added even more weight to Lisa's desire to get the 638 00:35:12.679 --> 00:35:15.280 heck out of there without being penalized for it. So 639 00:35:15.360 --> 00:35:17.840 the way we left it is we did not mention 640 00:35:17.920 --> 00:35:20.960 the name of the apartment complex, and we left it 641 00:35:21.039 --> 00:35:24.559 as Lisa is going to contact them again while they're 642 00:35:24.679 --> 00:35:28.320 mulling over her request to cancel the Lise and say, hey, look, 643 00:35:28.360 --> 00:35:30.719 I need to call back to the Tom Martino Troubleshooter 644 00:35:30.760 --> 00:35:32.840 show tomorrow to give them an update on this matter, 645 00:35:33.480 --> 00:35:35.599 and they can do it with or without mentioning your 646 00:35:35.599 --> 00:35:40.000 apartment complex name. So Lisa emailed me early this morning 647 00:35:40.000 --> 00:35:42.639 and here's what she says. She said, Hey, after that, 648 00:35:42.679 --> 00:35:45.639 they did give me my money back every dime I paid. 649 00:35:45.639 --> 00:35:47.360 I just wanted to give you guys an update from 650 00:35:47.440 --> 00:35:52.119 yesterday and I didn't have to negotiate any further so anyway, 651 00:35:52.199 --> 00:35:55.360 so it sounds like the Looku Karasha problem turned out 652 00:35:55.360 --> 00:35:59.199 pretty well for Lisa. But man, this is the second 653 00:35:59.280 --> 00:36:02.159 cockroach called we've had in about three and a half weeks. John, 654 00:36:02.480 --> 00:36:03.119 they're out there. 655 00:36:03.280 --> 00:36:06.920 That's fantastic, Glad, I mean, that's just awesome that that 656 00:36:07.079 --> 00:36:11.000 just makes you know, it just makes sense because and 657 00:36:11.039 --> 00:36:13.239 I'm glad Brad's here because we wanted to talk about this, 658 00:36:13.360 --> 00:36:16.400 but I mean it almost just goes right down the 659 00:36:16.440 --> 00:36:20.480 list under the warranty of habitability. I mean, what, really, 660 00:36:20.920 --> 00:36:23.559 what rights does a tenant have when they you know, 661 00:36:23.760 --> 00:36:25.960 clearly you don't know that you're going to have a 662 00:36:26.000 --> 00:36:28.920 cockroach infestation as you're signing the leaves and as you're 663 00:36:29.199 --> 00:36:31.280 paying over your money and they talk to the keys 664 00:36:31.320 --> 00:36:32.920 and you go walk in for the first time and 665 00:36:32.960 --> 00:36:35.679 oh my god, we have this problem. And that's the 666 00:36:35.679 --> 00:36:40.079 first time you're put on notice of a vermin problem. 667 00:36:40.719 --> 00:36:44.960 I mean, yes, the warranty of habitability, you know, talks 668 00:36:45.000 --> 00:36:48.079 about reasonable efforts to mitigate things like that, but maybe 669 00:36:48.079 --> 00:36:49.679 you can just talk to that a little bit. What 670 00:36:49.840 --> 00:36:55.079 are the landlord's responsibilities and what rights do tenants have 671 00:36:55.199 --> 00:36:56.320 under that circumstance. 672 00:36:56.880 --> 00:37:00.960 Well, cockroaches and other vermin passed or insects do fall 673 00:37:01.000 --> 00:37:04.320 under the warrantyef habitability, And the warranty of habitability doesn't 674 00:37:04.360 --> 00:37:07.239 say that these cannot exist, right. What it says is 675 00:37:07.239 --> 00:37:11.480 that the landlord has to take reasonable, appropriate extermination measures 676 00:37:11.519 --> 00:37:13.559 in response to a complaint of these things. So the 677 00:37:13.599 --> 00:37:17.840 landlord under the statute has seventy two hours to commence 678 00:37:19.880 --> 00:37:24.360 remedial measures in response to a notice of cockroaches, and 679 00:37:24.400 --> 00:37:32.000 so that would be starting to spray and exterminate and 680 00:37:32.199 --> 00:37:39.960 to continued with reasonable extermination measures until it's resolved. 681 00:37:40.159 --> 00:37:42.360 So in the law, one of the things we always 682 00:37:42.360 --> 00:37:46.360 deal with is this debate about what's reasonable. So this 683 00:37:46.599 --> 00:37:49.800 young lady said that they were spraying like every two weeks, 684 00:37:50.440 --> 00:37:54.679 and yet the entire building was just infested with these things. 685 00:37:54.679 --> 00:37:58.079 They're in the televisions and the refrigerators, in the cabinets, 686 00:37:58.119 --> 00:38:01.039 thousands and thousands of these stupid roads. Just like, at 687 00:38:01.079 --> 00:38:04.800 what point does you know, at what point do the 688 00:38:04.840 --> 00:38:07.840 tenants get to say your efforts aren't reasonable. 689 00:38:08.239 --> 00:38:10.599 Yeah, the statute does not provide a hard deadline for 690 00:38:10.679 --> 00:38:15.000 when the problem has to be fixed. The warranty habitability problem. 691 00:38:15.079 --> 00:38:17.679 It's a question of fact to be determined by ultimately 692 00:38:17.719 --> 00:38:20.880 a judge. But if you can convince a judge that 693 00:38:21.159 --> 00:38:24.800 all these reasonable measures have been taken, or the measures 694 00:38:24.800 --> 00:38:28.079 haven't been reasonable, then at some point a judge will 695 00:38:29.079 --> 00:38:31.440 grant a termination of the lease. And so you can 696 00:38:31.519 --> 00:38:34.480 use that statute, that warranty of habitability statute, to get 697 00:38:34.480 --> 00:38:35.880 an early termination of your lease. 698 00:38:36.719 --> 00:38:41.159 So if you were advising a landlord that owned a 699 00:38:41.239 --> 00:38:43.360 property and this was kind of going on, I mean, 700 00:38:43.480 --> 00:38:47.599 is there some risk that if one tenant successfully goes 701 00:38:47.679 --> 00:38:51.880 to court and receives an order in validating your lease, 702 00:38:52.119 --> 00:38:55.199 that you could have a mass exodus from all of 703 00:38:55.239 --> 00:38:58.679 your tenants. That would make you advise that landlord that 704 00:38:58.719 --> 00:39:01.119 he needs to let this person out before it goes 705 00:39:01.159 --> 00:39:03.960 that far. That's common sense that a. 706 00:39:05.440 --> 00:39:07.599 Landlord ought to get the problem fixed because they're in 707 00:39:08.079 --> 00:39:11.519 practically speaking a lot of trouble financially from lost rent 708 00:39:11.639 --> 00:39:14.320 and from having to be in court by not resolving 709 00:39:14.320 --> 00:39:20.480 the underlying cockrutch problem. 710 00:39:20.559 --> 00:39:24.960 So then you know, so your advice would be, this 711 00:39:25.039 --> 00:39:27.480 is the kind of situation that needs to get made 712 00:39:27.519 --> 00:39:30.679 to go away. I mean that that's good advice, but 713 00:39:30.760 --> 00:39:34.440 at the same time, it doesn't really rectify the situation. 714 00:39:34.559 --> 00:39:36.280 I mean, I think the point that we took from 715 00:39:36.360 --> 00:39:39.840 this expert that called yesterday is that there are really 716 00:39:39.880 --> 00:39:43.119 really effective means that we know about today that can 717 00:39:43.199 --> 00:39:46.119 eliminate this problem. What in two weeks did he say? 718 00:39:46.320 --> 00:39:49.000 I think he said several months, they spray a couple 719 00:39:49.079 --> 00:39:49.559 of things. 720 00:39:49.599 --> 00:39:52.760 One well it was it was bait stationed. It wasn't spray, 721 00:39:52.800 --> 00:39:55.079 it was bait stations that he said in a couple 722 00:39:55.039 --> 00:39:58.119 of weeks could have an enormous effect, and within a 723 00:39:58.159 --> 00:40:01.960 couple months would have because the problem knocked out John. 724 00:40:02.000 --> 00:40:04.480 He said that you would observe the cockroaches began to 725 00:40:04.559 --> 00:40:06.599 die out and mass with, you know, after a couple 726 00:40:06.639 --> 00:40:09.480 of weeks, and it will be several months until they're 727 00:40:09.480 --> 00:40:14.760 gone because there's another chemical he applies which sterilizes. It's 728 00:40:14.800 --> 00:40:16.960 like birth control for cockroaches, right. 729 00:40:16.880 --> 00:40:19.800 Right, So I guess the question is and we'll pick 730 00:40:19.800 --> 00:40:21.119 it up on the other side of the break, But 731 00:40:21.159 --> 00:40:24.920 the question is, like, as from your perspective as a 732 00:40:24.960 --> 00:40:29.039 guy that's advising these landlords, like when they're contemplating, you know, 733 00:40:29.480 --> 00:40:31.920 good solution that's going to cost a lot more money 734 00:40:32.719 --> 00:40:37.039 and solution that may just barely qualify as something reasonable 735 00:40:37.119 --> 00:40:40.440 under the statute. How do you sometimes, you know, thread 736 00:40:40.480 --> 00:40:44.519 that needle with your clients to help inspire landlords to 737 00:40:44.559 --> 00:40:47.199 make a good decision. So we'll address that right when 738 00:40:47.199 --> 00:40:48.599 we get back on the other side of the break. 739 00:40:48.679 --> 00:40:50.199 So hang on, we'll be right back. 740 00:40:55.159 --> 00:40:58.440 Go with a sure thing Denver's Best roofer Excel Roofing 741 00:40:58.519 --> 00:40:59.119 dot com. 742 00:40:59.159 --> 00:41:01.159 You don't pay us, seton until you're content. 743 00:41:04.559 --> 00:41:07.719 Time for an insurance check up free no obligation comparison 744 00:41:07.880 --> 00:41:11.440 call Compass Insurance paying too much your coverage at dozens 745 00:41:11.440 --> 00:41:14.159 of insurance companies find out now three all three seven 746 00:41:14.199 --> 00:41:14.760 to seven to one. 747 00:41:14.880 --> 00:41:15.119 Help. 748 00:41:15.280 --> 00:41:17.920 You'll think you're his only customer when you choose Frank 749 00:41:18.000 --> 00:41:20.440 durand the real estate Man dot com to list your 750 00:41:20.480 --> 00:41:24.119 home with Remax Alliance three three nine two zero sixteen 751 00:41:24.159 --> 00:41:24.719 twenty two. 752 00:41:32.840 --> 00:41:34.880 All right, all right, all right, John Fuller coming back 753 00:41:34.920 --> 00:41:39.960 on the Troubleshooter Network. It is we're moving rapidly forward. Here. 754 00:41:40.159 --> 00:41:42.239 We have in the house today Brad O'Brien. Brad's a 755 00:41:42.360 --> 00:41:47.440 real estate attorney, and we left the last segment talking 756 00:41:47.440 --> 00:41:51.800 about a landlord tenant situation where a caller called in 757 00:41:51.920 --> 00:41:55.239 and we had a cockroach infestation and we were happy 758 00:41:55.239 --> 00:41:57.719 to report that we were able to help the young 759 00:41:57.800 --> 00:42:00.280 lady get out of her lease. And that kind of 760 00:42:01.159 --> 00:42:04.840 rolled over into a conversation about, you know, in Brad's 761 00:42:04.880 --> 00:42:08.719 role as an advisor to landlords, you know, we had 762 00:42:08.760 --> 00:42:10.760 an expert that called in and said, look, there is 763 00:42:10.800 --> 00:42:13.039 a way to get rid of this problem once and 764 00:42:13.079 --> 00:42:18.719 for all, and and and it's more expensive than repeatedly spraying. 765 00:42:18.760 --> 00:42:21.760 That spraying is just the cheapest way out. And so 766 00:42:21.800 --> 00:42:25.559 my question was, you know, where do you draw the 767 00:42:25.599 --> 00:42:28.639 line and how do you advise a landlord between paying 768 00:42:28.679 --> 00:42:31.719 a little more and actually solving the problem and paying 769 00:42:31.880 --> 00:42:35.480 less but being able to maybe minimally establish that they 770 00:42:35.559 --> 00:42:39.000 made reasonable efforts on a on a situation like that. 771 00:42:39.440 --> 00:42:42.199 Well, for good business practice, I think a landlord really 772 00:42:42.199 --> 00:42:45.039 wants to get their property in habitable condition, free of 773 00:42:45.360 --> 00:42:49.159 cockroaches another vermin, and paying a little bit more in 774 00:42:49.280 --> 00:42:52.199 extermination is probably the way to go, because if they 775 00:42:52.280 --> 00:42:54.679 land in court on a warranty of habitability claim in 776 00:42:54.719 --> 00:42:57.639 defending that the cost of being in court is so 777 00:42:57.719 --> 00:43:00.960 much more than what we're talking key about as far 778 00:43:01.000 --> 00:43:07.880 as a better and more effective extermination. So I you know, 779 00:43:07.960 --> 00:43:09.880 I try to keep my clients out of court, and 780 00:43:10.480 --> 00:43:13.000 so I think this has a practical resolution more than 781 00:43:13.000 --> 00:43:17.079 a legal resolution, which is just fix the underlying problem 782 00:43:17.320 --> 00:43:18.840 so that the place is habitable and you have a 783 00:43:18.840 --> 00:43:19.480 good reputation. 784 00:43:21.199 --> 00:43:25.039 Yeah, I think that's always good advice, but it's not always. 785 00:43:25.440 --> 00:43:28.599 You know, let's say, the ones that we hear about 786 00:43:28.639 --> 00:43:31.760 are the ones where people are not behaving properly and 787 00:43:32.199 --> 00:43:34.880 problems are not being taken care of. We don't ever 788 00:43:34.920 --> 00:43:36.800 get calls. It's like, I just want to tell you 789 00:43:37.079 --> 00:43:39.679 that my landlord is the best guy in the world, 790 00:43:39.800 --> 00:43:42.719 and I have the best situation and the best apartment. 791 00:43:42.760 --> 00:43:44.719 I mean, those are not the ones that we hear about. 792 00:43:44.920 --> 00:43:51.679 So but anyway, we do appreciate Lissa's you know, landlord 793 00:43:51.800 --> 00:43:54.800 addressing the issuation or the situation and letting her out 794 00:43:54.840 --> 00:43:58.119 of it. And you know, as always, we appreciate that call. 795 00:43:58.159 --> 00:43:59.000 You were going to follow up. 796 00:43:59.199 --> 00:44:02.400 Yeah, the are required to provide alternative housing for up 797 00:44:02.440 --> 00:44:06.239 to sixty days until the habitability condition is rectified, and 798 00:44:06.280 --> 00:44:07.400 that would get expensive. 799 00:44:07.400 --> 00:44:10.719 That's a hotel. It has to be within a certain distance. Now, 800 00:44:10.920 --> 00:44:12.119 what can invoke that. 801 00:44:14.239 --> 00:44:17.960 If the place is uninhabitable, then landlord is required under 802 00:44:18.000 --> 00:44:21.480 this statute to provide alternative housing. That's roughly and it's 803 00:44:21.480 --> 00:44:22.360 got to have a kitchen too. 804 00:44:22.679 --> 00:44:25.320 But does that have to get decided by a court 805 00:44:26.400 --> 00:44:28.679 or I mean who decides if it's uninhabitable. 806 00:44:28.800 --> 00:44:32.199 If the landlord doesn't offer it, then they can get 807 00:44:32.239 --> 00:44:34.480 taken to court, and if they lose on that, they'll 808 00:44:34.480 --> 00:44:35.440 have to pay attorney fees. 809 00:44:35.599 --> 00:44:38.280 But I mean practically, if I go into my landlord's 810 00:44:38.280 --> 00:44:41.480 office and say, hey, I think i've got item number 811 00:44:41.480 --> 00:44:47.119 three here, whatever it may be that makes it uninhabitable, 812 00:44:47.639 --> 00:44:52.239 the warranty of habitability says, you know that that's not acceptable. 813 00:44:52.719 --> 00:44:54.320 I want you to put me up in a hotel. 814 00:44:54.599 --> 00:44:57.239 I mean, at some point there's got to be a 815 00:44:57.239 --> 00:45:00.960 reasonableness standard applied to that too. A tenant just can't 816 00:45:01.000 --> 00:45:04.039 walk in and say I want a hotel, right right. 817 00:45:04.320 --> 00:45:09.079 It's if a condition makes it uninhabitable for health and safety. 818 00:45:09.280 --> 00:45:10.920 For example, if they're going to exterminate and it is 819 00:45:10.960 --> 00:45:13.880 something where people should not be around, and maybe that's 820 00:45:13.880 --> 00:45:16.519 a twenty four hour where you no habitation, Okay, that's 821 00:45:16.639 --> 00:45:18.239 what's one night hotel for example. 822 00:45:19.280 --> 00:45:20.760 Now if it's if it's something like. 823 00:45:20.760 --> 00:45:22.920 Mold where you've got to be ripping out walls and 824 00:45:23.000 --> 00:45:25.760 taking out the flooring, okay, and that's a three week project. 825 00:45:25.840 --> 00:45:29.280 Okay, that's three weeks at hotel. I guess my issue 826 00:45:29.320 --> 00:45:34.039 is like, who decides that it's it actually is a 827 00:45:34.119 --> 00:45:35.440 habitability issue. 828 00:45:35.639 --> 00:45:37.920 Well, if the parties don't figure it out themselves, then 829 00:45:38.039 --> 00:45:39.960 then it goes to court and that's where. 830 00:45:41.320 --> 00:45:42.239 The court will decide. 831 00:45:42.280 --> 00:45:44.280 And somebody's going to win big and somebody's going to 832 00:45:44.360 --> 00:45:46.119 lose big, and so it's not doesn't make sense to 833 00:45:46.199 --> 00:45:47.119 let the court decide it. 834 00:45:47.360 --> 00:45:49.559 How long would it take somebody to get into a 835 00:45:49.639 --> 00:45:51.639 court if they had I mean, let's say you go 836 00:45:51.719 --> 00:45:54.840 in and say, look, the heat's not working, right, I 837 00:45:54.880 --> 00:45:57.239 mean that that would be an obvious breach of the 838 00:45:57.280 --> 00:46:00.719 warranty of habitability. It's it's right there on the deal 839 00:46:01.079 --> 00:46:03.880 and the landlord says, yeah, I think it is working. Okay, 840 00:46:04.000 --> 00:46:07.159 so we have a dispute. If that tenant wanted to 841 00:46:07.199 --> 00:46:10.760 take that landlord to court over that issue, how long 842 00:46:10.800 --> 00:46:12.800 would it take and what would that process look like? 843 00:46:13.000 --> 00:46:13.679 It's not quick. 844 00:46:13.920 --> 00:46:16.199 It's not like there's an expedited procedure just for this 845 00:46:16.239 --> 00:46:18.760 type of a case, so it could be three to 846 00:46:18.800 --> 00:46:20.400 six weeks to get that resolved in court. 847 00:46:21.039 --> 00:46:25.039 Right, So in the meantime, you know, you could be 848 00:46:25.079 --> 00:46:26.840 sitting there without heat for right. 849 00:46:26.840 --> 00:46:29.719 But if it's when I get calls about mold or 850 00:46:29.719 --> 00:46:32.079 something that's a health and safety concern, you know, my 851 00:46:32.159 --> 00:46:36.920 first response is, you know, this is more than the 852 00:46:37.000 --> 00:46:39.840 legal issue. Is the health and safety issue. And if 853 00:46:39.880 --> 00:46:43.000 they have a you know, children or babies, you know, 854 00:46:43.559 --> 00:46:45.159 maybe they shouldn't be in there. It's what I'll tell them, 855 00:46:45.480 --> 00:46:47.519 Maybe you need to get out of there for your 856 00:46:47.559 --> 00:46:50.119 health and try to recover the money on the back 857 00:46:50.239 --> 00:46:51.599 end for when you when you had to be in 858 00:46:51.599 --> 00:46:52.039 a hotel. 859 00:46:52.360 --> 00:46:53.000 Gotcha? 860 00:46:53.199 --> 00:46:53.320 Right? 861 00:46:53.400 --> 00:46:55.199 Do you tell them to put the rented s crow 862 00:46:55.239 --> 00:46:58.320 so that they when they go to court, they can say, look, 863 00:46:58.320 --> 00:47:00.800 I had the money, I wasn't trying to it. That'd 864 00:47:00.800 --> 00:47:01.360 be a good idea. 865 00:47:01.880 --> 00:47:07.360 Habitability complaints are totally separate from the rent obligation. Tenants 866 00:47:07.679 --> 00:47:10.400 have to continue paying rent during the duration of the 867 00:47:10.400 --> 00:47:14.039 habitability remediation. The only exception is if you gave a 868 00:47:14.119 --> 00:47:17.119 landlord plenty of written notice and that the steps are 869 00:47:17.119 --> 00:47:19.880 in the statute and they didn't respond at all, then 870 00:47:20.039 --> 00:47:21.440 you can go out and get an estimate to do 871 00:47:21.480 --> 00:47:24.679 the corrective work, whatever that is, from a professional, and 872 00:47:24.719 --> 00:47:26.880 give that and then give that estimate to the landlord, 873 00:47:26.920 --> 00:47:29.599 and if they still don't do the work, then you 874 00:47:29.679 --> 00:47:33.039 can then self help applies. You can the tenant can 875 00:47:33.039 --> 00:47:38.280 withhold the same amount of amount that the that the 876 00:47:38.360 --> 00:47:41.480 repair is going to cost from that estimate, and then 877 00:47:41.519 --> 00:47:43.360 the tenant can do the work and withhold that amount. 878 00:47:43.480 --> 00:47:49.039 That's a very limited ability to hold back rent. Brad, 879 00:47:49.079 --> 00:47:52.800 We've got a caller with a landlord tenant question for you, 880 00:47:52.920 --> 00:47:54.719 So we're going to go to EVA. Now, Eva, what's 881 00:47:54.760 --> 00:47:55.280 going on with you? 882 00:47:56.599 --> 00:47:56.760 Oh? 883 00:47:58.480 --> 00:48:02.880 You guys are real estate attorneys? Could you give an 884 00:48:02.960 --> 00:48:07.679 update over the radio about what the rule new rules are? 885 00:48:08.199 --> 00:48:12.719 I have to resign a lease and are there new 886 00:48:12.840 --> 00:48:18.039 leases available? And I never took a damage deposit their 887 00:48:18.119 --> 00:48:22.599 security deposit from any of them, and I am below market. 888 00:48:22.760 --> 00:48:26.719 The main thing is can I raise what amount? Can 889 00:48:26.760 --> 00:48:32.800 I raise the rent? I am under market on the properties? 890 00:48:33.159 --> 00:48:36.239 Does it go by market value and then a percentage 891 00:48:36.760 --> 00:48:40.519 or is it a percentage of what I'm charging under market? 892 00:48:40.960 --> 00:48:43.079 Well, I would say that is a very loaded question. 893 00:48:43.199 --> 00:48:45.639 It could take hours to respond to all that. What 894 00:48:45.639 --> 00:48:48.480 I would say is that the land obviously. 895 00:48:48.119 --> 00:48:48.840 You're a landlord. 896 00:48:49.039 --> 00:48:52.960 The landlords laws have changed drastically in the last five years. 897 00:48:53.239 --> 00:48:56.960 There's a lot of updates. I would I would I 898 00:48:57.000 --> 00:49:00.760 think it's practical for a landlord once a year uh 899 00:49:00.840 --> 00:49:04.119 to have an attorney review their their lease form and 900 00:49:04.199 --> 00:49:06.320 make sure it's up to date with the law. I 901 00:49:06.360 --> 00:49:08.400 will say there is no such thing in Colorado as 902 00:49:08.440 --> 00:49:12.320 a standard lease form. So that's one of your questions. 903 00:49:12.360 --> 00:49:15.800 As far as raising the rent, you know, you can 904 00:49:15.880 --> 00:49:19.239 raise it to whatever the market is. The only limitations 905 00:49:19.320 --> 00:49:22.559 are that a lendlor cannot raise the rent more than 906 00:49:22.599 --> 00:49:28.239 once in any rolling twelve month period. But it's not 907 00:49:28.320 --> 00:49:30.480 like you know in New York City where they're where 908 00:49:30.480 --> 00:49:32.440 they're I don't know if there still are but rent caps. 909 00:49:32.679 --> 00:49:35.559 We don't have rent caps in rent well, unless it's 910 00:49:35.559 --> 00:49:42.239 a rent, unless it's a income restricted property. But that's 911 00:49:42.320 --> 00:49:43.599 that's a totally separate thing. 912 00:49:43.679 --> 00:49:44.119 I'm talking. 913 00:49:44.320 --> 00:49:48.880 We're just talking at market rentals here. There's no no 914 00:49:48.920 --> 00:49:52.480 rental caps. Now, you cannot rent. You cannot raise the 915 00:49:52.519 --> 00:49:56.239 rent on somebody in retaliation for like a habitability complaint 916 00:49:56.239 --> 00:49:58.239 that they made. You know, if somebody's at two thousand 917 00:49:58.280 --> 00:50:00.159 a month, and then they complained about cock croaches. You 918 00:50:00.159 --> 00:50:02.960 can't jack up to four thousand. That's re retaliation. That 919 00:50:02.960 --> 00:50:04.760 will get you in trouble and you'll lose and have 920 00:50:04.760 --> 00:50:05.639 to be attorney fews on. 921 00:50:05.639 --> 00:50:09.960 That got it, all, right, Eva? Anything else from. 922 00:50:09.760 --> 00:50:14.280 You, not that I could think of, But so, yeah, 923 00:50:14.400 --> 00:50:19.159 I thought there might be a standard new lease with 924 00:50:19.280 --> 00:50:21.559 the new rules, but he's saying there's not. 925 00:50:21.840 --> 00:50:25.039 Yeah, Unfortunately there's not a set standard form out there. 926 00:50:25.119 --> 00:50:28.000 So hey, Eva, we appreciate the call. Good luck. If 927 00:50:28.039 --> 00:50:30.199 you need to get a hold of Brad O'Brien and 928 00:50:30.320 --> 00:50:34.480 ask more direct questions, you can do so at olslaw 929 00:50:34.519 --> 00:50:37.800 dot com or seven two oh three seven oh seven 930 00:50:37.920 --> 00:50:40.239 three eight eight. We are going to go to a 931 00:50:40.280 --> 00:50:42.760 break right now. We'll be right back. Charles is up 932 00:50:42.800 --> 00:50:44.719 on the line and we'll we'll keep rocking along. 933 00:50:49.000 --> 00:50:52.280 Go with a sure thing Denver's best roofer Excel roofing 934 00:50:52.400 --> 00:50:55.000 dot com. You don't pay a cent until your content 935 00:50:58.400 --> 00:51:01.599 time for an insurance check up. No obligation in comparison, 936 00:51:01.719 --> 00:51:05.280 call compass insurance paying too much your coverage at dozens 937 00:51:05.280 --> 00:51:08.000 of insurance companies find out now three all three seven 938 00:51:08.119 --> 00:51:10.920 seven to one help. You'll think you're his only customer 939 00:51:10.960 --> 00:51:13.239 when you choose Frank durand the real estate Man dot 940 00:51:13.239 --> 00:51:16.559 com to list your home with Remax Alliance three all 941 00:51:16.599 --> 00:51:18.559 three nine two zero sixteen twenty two. 942 00:51:25.960 --> 00:51:28.639 Hey, good afternoon, John Fuller here on the Troubleshooter Network. 943 00:51:28.719 --> 00:51:32.920 So we are rocking and rolling here with Brad O'Brien 944 00:51:32.960 --> 00:51:34.960 in the house, and we're talking about real estate law 945 00:51:35.639 --> 00:51:39.599 and its applicability to all sorts of circumstances like landlord, 946 00:51:39.639 --> 00:51:42.639 tenant and real estate contracts and stuff like that. So 947 00:51:42.760 --> 00:51:44.960 if you have an issue like that, now would be 948 00:51:45.000 --> 00:51:46.480 a really good time to get on the phone and 949 00:51:46.480 --> 00:51:49.559 give us a call and get some advice from a 950 00:51:49.639 --> 00:51:53.400 true expert in that field. The way to contact us 951 00:51:53.519 --> 00:51:56.000 is best on the phone at three O three seven 952 00:51:56.039 --> 00:51:58.800 one three eight two five five. And we're here for 953 00:51:58.840 --> 00:52:00.800 every other kind of problem that you have as well. 954 00:52:00.840 --> 00:52:04.280 So if you've been ripped off, cheated, taking advantage of 955 00:52:04.360 --> 00:52:07.679 by somebody, we are here to help, So give us 956 00:52:07.719 --> 00:52:10.400 a call. We've got a couple open lines right now. 957 00:52:10.400 --> 00:52:12.199 We're going to go to Charles on the line, who 958 00:52:12.280 --> 00:52:16.400 has an issue about renting rooms out in his home. Charles, 959 00:52:16.440 --> 00:52:17.239 how you doing today? 960 00:52:18.000 --> 00:52:18.480 Pretty good? 961 00:52:19.199 --> 00:52:20.800 Not too bad? Thank you. So what do you got 962 00:52:20.880 --> 00:52:22.920 going on? You're thinking about renting out part of your 963 00:52:22.960 --> 00:52:24.079 house or yeah? 964 00:52:24.239 --> 00:52:28.719 With all the property chactes going up in Middleton, yeah, 965 00:52:29.440 --> 00:52:31.639 I need little help, you know what I mean? 966 00:52:32.159 --> 00:52:34.199 So do you have just rooms in your house or 967 00:52:34.199 --> 00:52:35.320 do you got a part? 968 00:52:36.159 --> 00:52:41.800 I got a I love them Loandon. It's real, real 969 00:52:41.920 --> 00:52:45.719 large house, but it's there's a room, you know. Yeah, 970 00:52:45.760 --> 00:52:48.639 I'm gonna h on the other side of the house, 971 00:52:48.679 --> 00:52:53.679 like the bath in a room just rented out and 972 00:52:54.480 --> 00:52:58.599 find out if I had to getting a professional type 973 00:52:58.599 --> 00:52:59.960 of leaf contract. 974 00:53:00.400 --> 00:53:02.840 Okay, so this would be in your home while you're 975 00:53:02.880 --> 00:53:06.239 living there. Really just the kind of a roommate situation, right. 976 00:53:06.400 --> 00:53:09.920 Kind of right along, Really, get have of a friend 977 00:53:10.039 --> 00:53:13.000 here all the time. Out want somebody that works, you know, 978 00:53:15.679 --> 00:53:22.199 I don't want a companion that do you know works 979 00:53:22.199 --> 00:53:23.000 something ow you know? 980 00:53:23.239 --> 00:53:27.280 Yeah, I understand, Brad. What advice would you give Charles 981 00:53:27.320 --> 00:53:30.360 here about things to look out for and problems to avoid? 982 00:53:30.480 --> 00:53:35.719 Well, I've definitely helped people who are landlords by defaults. 983 00:53:36.159 --> 00:53:37.840 You know, they're not in the business, but they want 984 00:53:37.880 --> 00:53:39.199 to rent out a room in their house. 985 00:53:39.280 --> 00:53:41.000 Hey, Charles, can you do me a favor and turn 986 00:53:41.079 --> 00:53:42.559 that radio down in the background. 987 00:53:44.440 --> 00:53:46.639 There's no radio room. 988 00:53:46.800 --> 00:53:48.599 Do you have us on a speaker or something or 989 00:53:49.519 --> 00:53:55.480 okay better, yes, sir, much better, Thank you? Okay, go ahead. 990 00:53:55.559 --> 00:53:57.519 And when you're renting out rooms in the house that 991 00:53:57.559 --> 00:54:00.840 you live in, your lease is gonna go into some 992 00:54:00.920 --> 00:54:03.440 things that normally you wouldn't have in the lease, like 993 00:54:04.119 --> 00:54:06.639 specifically what rooms in the house are they allowed to 994 00:54:06.800 --> 00:54:10.800 use to live in, Where can they keep their things 995 00:54:10.840 --> 00:54:14.639 for storage? Practically speaking, how are you going to share 996 00:54:14.679 --> 00:54:18.480 the kitchen that sort of thing, you know, And and 997 00:54:18.800 --> 00:54:19.360 you're gonna. 998 00:54:19.199 --> 00:54:19.920 Have some rules too. 999 00:54:20.000 --> 00:54:23.519 Sometimes we that's where most landlers don't have to give rules. 1000 00:54:23.519 --> 00:54:26.440 But if you're gonna have a co habitation situation, you're 1001 00:54:26.440 --> 00:54:29.280 probably gonna want attached to your lease some some just 1002 00:54:29.480 --> 00:54:31.079 basic rules like okay. 1003 00:54:30.800 --> 00:54:33.440 We're smoking, is going to be outside, where you're. 1004 00:54:33.360 --> 00:54:35.119 Gonna park your car, those kind of things that are 1005 00:54:35.480 --> 00:54:37.719 not at the level of the lease itself, but just 1006 00:54:38.559 --> 00:54:39.920 co living type of. 1007 00:54:39.960 --> 00:54:42.960 There's plenty of room around here park your car. There's 1008 00:54:43.000 --> 00:54:43.719 no problems there. 1009 00:54:43.920 --> 00:54:46.679 How about like you know, prohibition or at least the 1010 00:54:46.760 --> 00:54:48.199 limit on animals. 1011 00:54:48.920 --> 00:54:50.119 Yes, most leases. 1012 00:54:50.559 --> 00:54:52.360 I have a few and that's enough. 1013 00:54:54.159 --> 00:54:57.519 Yeah, I mean right, you should have something in there 1014 00:54:57.519 --> 00:55:00.760 about pats and how many. Now, the nice thing if 1015 00:55:00.800 --> 00:55:03.639 you're a landlord and you're renting out your own home, 1016 00:55:04.280 --> 00:55:06.559 then there are then you get some relief from some 1017 00:55:06.599 --> 00:55:09.119 of the tenant protections that are out there. So for example, 1018 00:55:10.599 --> 00:55:14.960 emotional support animals. You can actually, to my understanding, deny 1019 00:55:15.000 --> 00:55:18.599 that if if you live there, you know, because maybe 1020 00:55:18.599 --> 00:55:22.039 you have an allergy to pets. And so if you're 1021 00:55:22.079 --> 00:55:25.199 a small landlord, I think it's under four units, then 1022 00:55:25.519 --> 00:55:27.480 you don't have to you don't have to comply with that, 1023 00:55:27.760 --> 00:55:30.679 you know, allowing your tenant to have an emotional support animal, 1024 00:55:31.039 --> 00:55:35.239 bread animals. 1025 00:55:35.679 --> 00:55:39.400 What about background checks? You know, especially in a situation 1026 00:55:39.440 --> 00:55:41.199 where somebody is going to rent the room that's going 1027 00:55:41.239 --> 00:55:43.920 to be a low price situation. There might be a 1028 00:55:44.000 --> 00:55:47.559 reason that the person needs a low priced housing opportunity. 1029 00:55:48.119 --> 00:55:52.039 And how does our call or protect themselves from moving 1030 00:55:52.119 --> 00:55:55.280 in with a with a convicted violent felon, or a 1031 00:55:55.320 --> 00:55:58.360 sex offender, or a drug dealer, or just some general 1032 00:55:58.519 --> 00:56:01.559 scumbag who's going to be make the landlord's life miserable. 1033 00:56:01.559 --> 00:56:05.239 Well, I do recommend that landlords screen their prospective tenants, 1034 00:56:05.320 --> 00:56:06.679 and there are services out there. 1035 00:56:06.719 --> 00:56:07.599 You just pay a certain. 1036 00:56:07.360 --> 00:56:09.920 Amount of money, maybe it's forty dollars to have a 1037 00:56:09.920 --> 00:56:13.000 background checked on them, and that should include a criminal check. 1038 00:56:13.360 --> 00:56:15.440 Now the law has changed, you cannot. 1039 00:56:15.280 --> 00:56:17.639 Use their credit score against them, and you probably shouldn't 1040 00:56:17.639 --> 00:56:21.800 even check their credit because then then you'll have it 1041 00:56:21.840 --> 00:56:24.599 and they might accuse you of having use it against them. 1042 00:56:25.840 --> 00:56:26.920 And what. 1043 00:56:28.280 --> 00:56:32.559 You As far as as far as income contract. 1044 00:56:32.440 --> 00:56:35.320 Do you have a lead section in your office? 1045 00:56:35.440 --> 00:56:38.280 All my leases that I prepare for landlords are customed 1046 00:56:38.280 --> 00:56:41.119 to their situations. I don't have one, just a handout, 1047 00:56:41.480 --> 00:56:43.480 And there's no such thing in Colorado's as a custom 1048 00:56:43.559 --> 00:56:46.000 lease form. I was gonna say, when you're looking at 1049 00:56:46.039 --> 00:56:49.440 their income, the law changed very recently, so you can 1050 00:56:49.480 --> 00:56:51.840 only verify they have double the amount of the monthly 1051 00:56:51.880 --> 00:56:54.760 rent as income. You can't say you got to have 1052 00:56:54.800 --> 00:56:56.840 five times in the month monthly rent is income. 1053 00:56:57.079 --> 00:56:59.239 No, you can only look at and verify that they 1054 00:56:59.239 --> 00:56:59.639 have double. 1055 00:57:00.440 --> 00:57:05.159 Yeah, I'm afraid to have attle squatter, you know what 1056 00:57:05.199 --> 00:57:05.480 I mean? 1057 00:57:05.679 --> 00:57:07.639 Yeah? For sure. Hey, Charles, how long has it been 1058 00:57:07.719 --> 00:57:11.039 since how long has it been since you had somebody 1059 00:57:11.039 --> 00:57:12.079 living in the house? With you. 1060 00:57:14.599 --> 00:57:17.360 I bought the house back in three years ago. 1061 00:57:17.760 --> 00:57:20.679 Okay, just me, just you, okay, yeah. 1062 00:57:21.599 --> 00:57:26.400 Well you know it's a four bedroom house because some 1063 00:57:26.440 --> 00:57:30.920 of these bedrooms are a little small. The one. There's 1064 00:57:31.000 --> 00:57:33.519 two large ones, you know, the one I would rent out. 1065 00:57:33.960 --> 00:57:37.800 Be careful, hey, Brad comes up with the lease. If 1066 00:57:37.840 --> 00:57:40.159 he just starts with like a lease you find on 1067 00:57:40.199 --> 00:57:42.960 the internet or something, and then comes to you, do 1068 00:57:43.079 --> 00:57:46.719 you take those and kind of custom tailor them to 1069 00:57:46.840 --> 00:57:48.760 his needs? Is that something he could reach out to 1070 00:57:48.800 --> 00:57:49.159 you about. 1071 00:57:49.239 --> 00:57:52.400 Yes, many times, I actually don't give a landlord a 1072 00:57:52.400 --> 00:57:55.119 new lease. I take theirs that they're already using or 1073 00:57:55.119 --> 00:57:57.880 that they recently found, and just make sure that it 1074 00:57:57.920 --> 00:57:59.880 meets the standards. 1075 00:58:00.280 --> 00:58:05.039 Like in the library. Can I get one? Perhaps somebody 1076 00:58:05.079 --> 00:58:05.559 told me that. 1077 00:58:05.960 --> 00:58:09.159 I mean, you can google and find standard lease forms 1078 00:58:09.159 --> 00:58:12.840 out there, not standard, but least forms from various services 1079 00:58:12.880 --> 00:58:16.039 out there, but they may or may not be tailored 1080 00:58:16.039 --> 00:58:18.639 to Colorado because we have specific requirements here, so I. 1081 00:58:18.559 --> 00:58:20.760 Can look at it. I think the point is, Charles, 1082 00:58:20.760 --> 00:58:22.360 that you know, there's a lot of places you can 1083 00:58:22.400 --> 00:58:26.360 find sample leases out there, Okay, and they'll give you 1084 00:58:26.400 --> 00:58:30.280 a start. But we're telling you that most of those samples, 1085 00:58:30.840 --> 00:58:34.679 you know, there's probably some aspect of it that is 1086 00:58:34.719 --> 00:58:37.159 not good or really not in your favor, and that 1087 00:58:37.760 --> 00:58:40.480 you know, somebody like Brad can look at and say, well, 1088 00:58:41.000 --> 00:58:43.199 here's something to think about, Charles. Maybe we could add 1089 00:58:43.239 --> 00:58:46.079 this or take this out and better protect you and stuff. 1090 00:58:46.320 --> 00:58:48.400 And that small amount of money that you would have 1091 00:58:48.480 --> 00:58:50.719 to pay to get that would give you the protection 1092 00:58:51.280 --> 00:58:53.039 that would pay dividends down the road. 1093 00:58:53.480 --> 00:58:55.400 And so do you have a phone number? I could 1094 00:58:55.440 --> 00:58:55.920 call you out? 1095 00:58:56.079 --> 00:58:58.639 You bet. His number is seven to two oh three 1096 00:58:58.760 --> 00:59:05.639 seven zero three seven zero seven three eight eight eight, Yes, sir, 1097 00:59:05.719 --> 00:59:09.360 you can also again his name is Brad O'Brien. 1098 00:59:11.679 --> 00:59:17.559 And I was gonna say, uh, yeah, it's kind of 1099 00:59:17.599 --> 00:59:21.639 hard to find a roommate old disease staff in the classified. 1100 00:59:23.280 --> 00:59:24.119 That's all gone. 1101 00:59:24.280 --> 00:59:27.400 Yeah, that's that's kind of gone by the wayside. So 1102 00:59:27.400 --> 00:59:28.719 all right, Charles, I'll. 1103 00:59:28.599 --> 00:59:31.079 Have to check it out and call you man there 1104 00:59:31.199 --> 00:59:35.280 get get a you know, generic lease. 1105 00:59:35.599 --> 00:59:37.400 All right, Well, best of luck to you, Charles. We 1106 00:59:37.400 --> 00:59:39.880 appreciate you calling in today to definitely give Brad a 1107 00:59:39.920 --> 00:59:42.559 call and get a good lease for your purposes. All right, 1108 00:59:42.719 --> 00:59:45.719 have a good day. We're gonna go to another break 1109 00:59:45.760 --> 00:59:47.960 here and then coming back from the break, we're gonna 1110 00:59:48.119 --> 00:59:50.159 we're gonna shift gears a little bit. We are going 1111 00:59:50.239 --> 00:59:53.960 to revisit a an existing case with Dimitri here, and 1112 00:59:54.000 --> 00:59:56.840 then we've got a couple of other things on the horizon. Uh, 1113 00:59:57.119 --> 00:59:58.159 we're gonna go to break. 1114 01:00:03.199 --> 01:00:06.440 Go with a sure thing Denver's Best roofer Excel Roofing 1115 01:00:06.559 --> 01:00:07.159 dot com. 1116 01:00:07.199 --> 01:00:09.199 You don't pay a cent until you're content. 1117 01:00:12.559 --> 01:00:16.119 Time for an insurance checkup free no obligation comparison call 1118 01:00:16.239 --> 01:00:19.559 Compass Insurance paying too much your coverage at dozens of 1119 01:00:19.559 --> 01:00:22.519 insurance companies find out now three all three seven seven 1120 01:00:22.559 --> 01:00:25.320 to one help. You'll think you're his only customer when 1121 01:00:25.320 --> 01:00:27.840 you choose Frank durand the real estate Man dot com 1122 01:00:27.840 --> 01:00:30.920 to list your home with Remax Alliance three all three 1123 01:00:31.039 --> 01:00:38.440 nine two zero sixteen twenty two. 1124 01:00:41.559 --> 01:00:45.280 Hey, good afternoon, John Fuller here on the Troubleshooter Network. 1125 01:00:45.360 --> 01:00:48.400 We are sneaking up on the twelve o'clock hour. We're 1126 01:00:48.400 --> 01:00:51.119 here talking today with Brad O'Brien, Brad to real estate 1127 01:00:51.119 --> 01:00:56.599 attorney and and longtime supporter of the show, and we've 1128 01:00:56.639 --> 01:01:00.920 talked about some different landlord tenant issues and stuff you know, 1129 01:01:01.360 --> 01:01:03.840 just addressing the caller that was just on the line 1130 01:01:03.880 --> 01:01:07.960 and stuff. I mean, you know, really and truly, the 1131 01:01:08.000 --> 01:01:11.960 idea of an elderly person opening up their home to 1132 01:01:12.239 --> 01:01:16.119 a roommate or tenant, no matter the property tax situation, 1133 01:01:16.719 --> 01:01:20.679 that is really really risky for you to do. And 1134 01:01:21.119 --> 01:01:23.679 you don't have to look too far to see all 1135 01:01:23.719 --> 01:01:26.280 the horror stories that can come as a result of 1136 01:01:26.360 --> 01:01:30.280 letting somebody in. There are literally people that study just 1137 01:01:30.360 --> 01:01:33.039 how to take advantage of people in these situations and 1138 01:01:33.079 --> 01:01:37.159 how to move in, and the horror stories are just terrible. 1139 01:01:37.280 --> 01:01:41.679 And so you know, I really I appreciate the caller, 1140 01:01:42.159 --> 01:01:44.760 you know, the desire to offset some of the increased 1141 01:01:44.800 --> 01:01:48.360 property taxes, I get it, but man, that really needs 1142 01:01:48.400 --> 01:01:53.039 to be just your last, you know, the last thing 1143 01:01:53.119 --> 01:01:55.360 that you do to kind of offset that, because the 1144 01:01:55.440 --> 01:01:59.519 risk is really really great that something bad can happen 1145 01:01:59.599 --> 01:02:02.639 from that. So I'd encourage the caller to be very 1146 01:02:02.719 --> 01:02:05.719 very careful, you know, maybe get somebody else to help 1147 01:02:05.760 --> 01:02:09.000 you in the screening process. Definitely check every reference that 1148 01:02:09.039 --> 01:02:12.000 you can possibly check on the person to just make 1149 01:02:12.039 --> 01:02:14.559 sure that you're not taking undue risk and you don't 1150 01:02:14.599 --> 01:02:17.159 end up with one of those bad situations, and even 1151 01:02:17.199 --> 01:02:21.079 then it still can happen. So it's dangerous. Would you 1152 01:02:21.360 --> 01:02:22.639 agree or yes? 1153 01:02:22.960 --> 01:02:25.320 Whenever you're going to let somebody rent a room in 1154 01:02:25.360 --> 01:02:28.239 your house that you live in, there's a security risk there. 1155 01:02:28.320 --> 01:02:30.639 You know, they could get into your financial information, right, 1156 01:02:30.800 --> 01:02:32.239 go go in parts of the house, and they're not 1157 01:02:32.239 --> 01:02:35.280 supposed to. It's almost safer to move out, get it 1158 01:02:36.119 --> 01:02:38.800 and then rent out the former home all but the 1159 01:02:38.800 --> 01:02:41.280 whole home, right, just so they're not living with them. 1160 01:02:41.280 --> 01:02:44.719 And I would say that it is so expensive to 1161 01:02:44.760 --> 01:02:47.280 be a landlord now that if you're renting out a 1162 01:02:47.320 --> 01:02:51.039 room for five hundred dollars a month, the yeah, and 1163 01:02:50.679 --> 01:02:53.079 they don't pay the rent. Okay, the first time you 1164 01:02:53.079 --> 01:02:55.519 go into court, you could have five thousand attorney fees 1165 01:02:55.519 --> 01:02:57.639 if you hire an attorney to collect on them or 1166 01:02:57.639 --> 01:02:58.159 to evict. 1167 01:02:58.639 --> 01:03:02.280 So it's us a whole year's worth of potential rent 1168 01:03:02.880 --> 01:03:06.039 gets sucked up in one incident of having to go 1169 01:03:06.079 --> 01:03:09.000 to court and try to enforce that deal, and then 1170 01:03:09.000 --> 01:03:11.280 there's no really coming back from that. I mean, it's 1171 01:03:11.320 --> 01:03:14.119 not like the court just waves its magic wand and 1172 01:03:14.360 --> 01:03:17.199 everybody goes home and it's just koumbai. 1173 01:03:17.280 --> 01:03:17.400 Ay. 1174 01:03:17.519 --> 01:03:21.280 After that that becomes a toxic environment and almost never 1175 01:03:21.440 --> 01:03:22.559 is over at that point. 1176 01:03:22.760 --> 01:03:25.400 So Penny Lisas say that if you win against the 1177 01:03:25.440 --> 01:03:28.360 tenant in court, then well, actually, if it's usually a 1178 01:03:28.360 --> 01:03:31.559 two way attorney attorney feed provision that whoever wins gets 1179 01:03:31.559 --> 01:03:32.960 their attorney fees paid by the loser. 1180 01:03:33.159 --> 01:03:36.360 Go with a sure thing Denver's Best roofer Excel Roofing 1181 01:03:36.480 --> 01:03:37.079 dot com. 1182 01:03:37.119 --> 01:03:39.119 You don't pay a cent until you're content. 1183 01:03:42.480 --> 01:03:45.679 Time for an insurance check up free no obligation comparison 1184 01:03:45.840 --> 01:03:49.400 call Compass Insurance paying too much your coverage at dozens 1185 01:03:49.400 --> 01:03:52.119 of insurance companies find out now three O three seven 1186 01:03:52.159 --> 01:03:52.719 to seven to one. 1187 01:03:52.800 --> 01:03:53.079 Help. 1188 01:03:53.239 --> 01:03:55.880 You'll think you're his only customer when you choose Frank 1189 01:03:55.960 --> 01:03:58.400 durand the real estate Man dot com to list your 1190 01:03:58.440 --> 01:04:01.599 home with Remax Aliance three all three nine two zero 1191 01:04:01.679 --> 01:04:02.679 sixteen twenty two. 1192 01:04:03.400 --> 01:04:12.559 Yeah, d new neat advice. 1193 01:04:12.599 --> 01:04:13.360 Who you don't have? 1194 01:04:15.639 --> 01:04:20.639 Come running just as fast as we can. Shooter's gonna help. 1195 01:04:20.920 --> 01:04:29.079 Come man, It's the Troubleshooter Show Now, Tom Martino, Good afternoon. 1196 01:04:29.119 --> 01:04:31.639 This is John Fuller filling in for Tom Martino and 1197 01:04:31.679 --> 01:04:36.960 the Troubleshooter Network. We are here rocking and rolling this 1198 01:04:37.039 --> 01:04:42.480 afternoon dealing with your problems, taking complaint, solving problems, answering questions. 1199 01:04:43.199 --> 01:04:45.159 We are here for you. Our telephone number is three 1200 01:04:45.440 --> 01:04:47.719 three seven one three eight two five five. Would encourage 1201 01:04:47.760 --> 01:04:50.239 you to call with any issues you have. If you've 1202 01:04:50.280 --> 01:04:54.360 been cheated, you've been taking advantage of UH. We handle 1203 01:04:54.519 --> 01:04:57.480 just about everything that you could come up with today. 1204 01:04:57.599 --> 01:05:00.440 In particular, we have an expert in how house with 1205 01:05:00.519 --> 01:05:03.679 mister Brad O'Brien. Brad is a real estate attorney. He 1206 01:05:03.800 --> 01:05:07.559 is with his own O'Brien Legal services. You can reach 1207 01:05:07.639 --> 01:05:12.159 them at olslaw dot com. On the telephone, that number 1208 01:05:12.280 --> 01:05:16.280 is seven two oh three seven oh seven three eight 1209 01:05:16.480 --> 01:05:20.079 eight and we're here for you, so give us a call. 1210 01:05:20.079 --> 01:05:21.679 We've got a couple of open lines and we'd be 1211 01:05:21.719 --> 01:05:24.119 happy to go to your call right away. The reason 1212 01:05:24.159 --> 01:05:26.719 I brought up that the bad guys were looking for 1213 01:05:26.760 --> 01:05:29.079 me or I got this scam text and stuff, is 1214 01:05:29.119 --> 01:05:34.280 because there are so many scams out there right now. 1215 01:05:34.840 --> 01:05:40.519 There are so many scams. It's unbelievable that we have this, 1216 01:05:40.800 --> 01:05:44.480 just this onslaught of people trying to cheat people every 1217 01:05:44.519 --> 01:05:48.639 single day. And so I heard on the news this 1218 01:05:48.719 --> 01:05:53.840 morning that in Colorado the scammers stole two hundred and 1219 01:05:53.920 --> 01:05:59.280 forty three million dollars from Colorado residents alone last year. 1220 01:05:59.639 --> 01:06:01.679 And that's that's just what we know of, because I 1221 01:06:02.480 --> 01:06:05.360 think that many people are too embarrassed to admit that 1222 01:06:05.400 --> 01:06:08.960 they got scammed, so they don't report, they don't tell anybody. 1223 01:06:09.000 --> 01:06:10.239 They just live with that shame. 1224 01:06:10.880 --> 01:06:11.000 Oh. 1225 01:06:11.079 --> 01:06:13.039 I think you're absolutely right, John. 1226 01:06:13.079 --> 01:06:17.639 If you look on YouTube occasionally, you can see somebody 1227 01:06:17.639 --> 01:06:20.199 that send the picture of one of these scam rooms 1228 01:06:20.199 --> 01:06:24.719 in India, and it's literally one hundred people sitting in 1229 01:06:24.760 --> 01:06:27.159 the desk of the computer in their little booths that 1230 01:06:27.280 --> 01:06:30.679 do nothing but try and scam Americans. I mean literally 1231 01:06:31.119 --> 01:06:35.039 one hundred plus people doing nothing. But that's only one site. 1232 01:06:35.679 --> 01:06:39.880 It's incredible how large it is. But let me say 1233 01:06:40.000 --> 01:06:43.000 something since I do a lot of this stuff. Yeah, 1234 01:06:43.280 --> 01:06:47.280 Number one, most companies will not send you an email 1235 01:06:47.480 --> 01:06:49.800 if they want to get in touch with you. They 1236 01:06:50.400 --> 01:06:54.320 first of any government agency does not use emails or calls. 1237 01:06:54.599 --> 01:06:57.599 They will send you a letter in the mail. 1238 01:06:57.400 --> 01:07:00.960 On letterhead, including an express too, including. 1239 01:07:00.599 --> 01:07:04.119 Express told especially for you. But seriously, if you get 1240 01:07:04.119 --> 01:07:08.639 a call from the I R, S, FBI, Medicare, social Security, 1241 01:07:09.119 --> 01:07:11.599 it's a fake. They want to get in touch with you, 1242 01:07:11.920 --> 01:07:16.679 they will mail you it in a letter that's that's secure. 1243 01:07:16.679 --> 01:07:18.719 And the second thing is when you look at the 1244 01:07:18.760 --> 01:07:21.199 I R L if you have, they call it on 1245 01:07:21.760 --> 01:07:24.400 where the email is coming from. If it doesn't say 1246 01:07:24.840 --> 01:07:30.039 company dot com or if there's anything that's different, if 1247 01:07:30.039 --> 01:07:33.800 it's a company one two three dot com or company 1248 01:07:34.159 --> 01:07:37.719 X dot com or company with W at the end, 1249 01:07:38.079 --> 01:07:38.719 it's a fake. 1250 01:07:39.039 --> 01:07:41.360 Yeah, But you can't even really rely on that dot 1251 01:07:41.440 --> 01:07:43.920 because like this express toole one that I'm looking at, 1252 01:07:44.199 --> 01:07:48.000 the website that's on this text is h T T 1253 01:07:48.159 --> 01:07:52.599 P S slash slash expresstole dot com. I'm just being 1254 01:07:52.719 --> 01:07:56.880 they spoof these real websites and put this little, you know, 1255 01:07:57.039 --> 01:07:59.599 garbage on the end that takes you to a different place. 1256 01:07:59.639 --> 01:08:02.239 But if you're not savvy and you look at it, 1257 01:08:02.280 --> 01:08:04.880 you're like, well, I mean, if it said, you know, 1258 01:08:05.119 --> 01:08:07.639 we're ascammer dot com, I maybe wouldn't go to it. 1259 01:08:07.679 --> 01:08:10.280 But this one says express toole all right. 1260 01:08:10.559 --> 01:08:13.639 I'm not saying that's so, I'm just saying if it 1261 01:08:13.719 --> 01:08:16.720 has an extra leteral number, right, you know, it's a fake. Yeah, 1262 01:08:16.840 --> 01:08:18.840 it doesn't think they're the ones that are normal. 1263 01:08:19.079 --> 01:08:23.399 I think the rule is, like you said, nobody's going 1264 01:08:23.439 --> 01:08:25.840 to text you for this stuff. You're just not going 1265 01:08:25.920 --> 01:08:28.560 to get a text. But I get calls. I mean 1266 01:08:28.680 --> 01:08:32.359 at my office we get calls daily. I'm sure Brad 1267 01:08:32.399 --> 01:08:34.920 you get the same calls and stuff. But I mean 1268 01:08:34.920 --> 01:08:37.000 they call up and it's like, yeah, i'd like to, uh, 1269 01:08:37.159 --> 01:08:39.840 you know, there's new savings to be had for blah 1270 01:08:39.880 --> 01:08:44.840 blah blah. You know, can I get your birthdate? It's like, hell, no, no, 1271 01:08:45.000 --> 01:08:48.319 you can't get the birthdate. But clearly somebody's given up 1272 01:08:48.359 --> 01:08:52.399 their private information or it sounds too enticing, they wouldn't 1273 01:08:52.439 --> 01:08:54.520 do it. So maybe I'm smart enough not to do it. 1274 01:08:54.560 --> 01:08:57.399 But somebody is a lot of people. 1275 01:08:57.880 --> 01:08:58.079 You know. 1276 01:08:58.239 --> 01:09:01.680 The message to the callers out there or to the listeners, 1277 01:09:01.680 --> 01:09:05.079 it's just listen. You've got to protect yourself. You have 1278 01:09:05.199 --> 01:09:09.960 to just assume that anybody that contacts you is most 1279 01:09:10.079 --> 01:09:14.640 likely a scammer. If it's your bank contacting you saying well, 1280 01:09:14.680 --> 01:09:17.439 we've had fraud in house and we're doing an investigation 1281 01:09:17.560 --> 01:09:21.079 and we're gonna need you to go buy a gift 1282 01:09:21.119 --> 01:09:23.840 card or some crap like that and open up another account. 1283 01:09:23.880 --> 01:09:27.279 I mean We've had callers where that exactly has happened. 1284 01:09:27.560 --> 01:09:30.479 What you need what you need to do is if 1285 01:09:30.800 --> 01:09:35.239 you think there's any legitimate thing, you hang you you 1286 01:09:35.319 --> 01:09:38.600 go to their to their legitimate site, to the customer 1287 01:09:38.680 --> 01:09:42.399 service section or says contact us, and you contact them 1288 01:09:42.399 --> 01:09:44.279 and you say did you send this to me? 1289 01:09:44.399 --> 01:09:44.560 Yeah? 1290 01:09:44.640 --> 01:09:47.399 Call your bank say hey, well, I know what's the 1291 01:09:47.439 --> 01:09:50.960 worst case you You know, you mess up the FBI's 1292 01:09:51.039 --> 01:09:55.319 fraud investigation. Oh darn, you know that's tough. 1293 01:09:55.840 --> 01:09:57.960 I get pull stuff all the time because my son 1294 01:09:58.479 --> 01:10:01.000 uses my other car and it pays. The damn bill 1295 01:10:01.119 --> 01:10:04.600 gets sent to me, and I know it's legitimate because 1296 01:10:04.600 --> 01:10:05.079 they send it. 1297 01:10:05.119 --> 01:10:07.119 No, they send it to me an he on your son. 1298 01:10:07.760 --> 01:10:09.279 No, but they don't text me about it. If they 1299 01:10:09.279 --> 01:10:11.239 send me a letter in the mail that I owe 1300 01:10:11.279 --> 01:10:13.000 the toll, yeah. 1301 01:10:12.720 --> 01:10:15.239 I think they'll do. You know. I get calls all 1302 01:10:15.279 --> 01:10:18.960 the time about Medicare, and I am many many many 1303 01:10:19.279 --> 01:10:24.199 moons away from medicare, many many moons away from Medicare, 1304 01:10:24.760 --> 01:10:26.880 But I get calls all the time, and I think 1305 01:10:26.920 --> 01:10:29.760 it's because in my practice, we deal with Medicare all 1306 01:10:29.760 --> 01:10:32.359 the time, and so there's some way that they see 1307 01:10:32.359 --> 01:10:34.680 that we're at least a representative of people, and we're 1308 01:10:35.119 --> 01:10:37.439 I don't know where they get this information, but I 1309 01:10:37.479 --> 01:10:42.199 mean it's it's not there's never a week that goes 1310 01:10:42.239 --> 01:10:45.119 by that I don't get calls about my Medicare eligibility 1311 01:10:45.199 --> 01:10:46.399 and and whatever. 1312 01:10:46.479 --> 01:10:48.239 And now they look at you and look and you 1313 01:10:48.279 --> 01:10:49.319 look like you're sixty five. 1314 01:10:49.319 --> 01:10:52.119 Maybe that's they're like, if he's not all Medicare, he 1315 01:10:52.159 --> 01:10:55.720 should be. You know, he looks like a guy who 1316 01:10:55.760 --> 01:11:00.000 needs some medicare going on here. So so it's just crazy. 1317 01:11:00.159 --> 01:11:03.319 You know, what do you guys think is the most 1318 01:11:03.319 --> 01:11:07.800 common scam out there? I mean it's tech scams. 1319 01:11:08.159 --> 01:11:11.279 There's no question that ninety percent of it are people 1320 01:11:11.319 --> 01:11:14.720 getting things that there's a glitch in your computer. We 1321 01:11:14.800 --> 01:11:19.359 found a bug. Well from we're from Microsoft Support or 1322 01:11:19.520 --> 01:11:22.399 from Amazon support, that something that's wrong with your computer. 1323 01:11:22.720 --> 01:11:25.000 There's a bug and if you help, if you let 1324 01:11:25.039 --> 01:11:27.920 us into your computer, we'll get rid of the bug. 1325 01:11:28.119 --> 01:11:32.159 Yeah. I would say to the listeners out there, call 1326 01:11:32.279 --> 01:11:34.600 us if you've you know, if you've seen these things, 1327 01:11:34.600 --> 01:11:36.800 I want to hear about the most creative scam that 1328 01:11:36.840 --> 01:11:39.680 you've that you've either avoided or you've heard of somebody 1329 01:11:39.720 --> 01:11:43.520 falling for at least you'll help somebody else recognize that 1330 01:11:43.560 --> 01:11:45.520 you're not alone in getting these and that they are 1331 01:11:45.560 --> 01:11:49.920 truly scams. The number one most financially impactful scam in 1332 01:11:49.960 --> 01:11:54.720 Colorado is investment scams. Really believe that how does that work? 1333 01:11:55.000 --> 01:11:59.520 It's everything from buying gold to bitcoin to you know, 1334 01:11:59.600 --> 01:12:02.439 all of these different things, and people people get lured in. 1335 01:12:02.479 --> 01:12:04.399 They get a phone call saying I've got a screaming 1336 01:12:04.439 --> 01:12:07.319 deal on on gold today. You said you got you know, 1337 01:12:07.640 --> 01:12:10.399 you get calls like that, you go sue them, but 1338 01:12:10.520 --> 01:12:14.439 other people get get scammed on them. But the FBI 1339 01:12:14.520 --> 01:12:19.159 received nearly eight hundred and sixty thousand complaints about investment 1340 01:12:19.199 --> 01:12:22.039 fraud last year. You believe that that's. 1341 01:12:21.920 --> 01:12:25.119 Why you guess that romance scam would be number two. 1342 01:12:25.840 --> 01:12:31.640 Well, tell us about romance scams there, doc, I don't know. 1343 01:12:31.840 --> 01:12:34.640 There are a lot of scams where people have they 1344 01:12:34.680 --> 01:12:37.920 have no self awareness. Right, let me tell the audience. 1345 01:12:38.199 --> 01:12:41.079 If you're fifty or sixty years old man or woman, 1346 01:12:41.479 --> 01:12:44.840 there is no thirty year old model or all rigged 1347 01:12:45.119 --> 01:12:50.760 or special or eight Navy seal that wants to date you. 1348 01:12:50.880 --> 01:12:55.600 Now wait a second, Okay, hold on there. Just a minute, 1349 01:12:56.000 --> 01:12:58.279 big guy, I'll send you a picture of my girlfriend. 1350 01:12:58.319 --> 01:13:03.159 Don ask me mister Belichick about that. He can he 1351 01:13:03.199 --> 01:13:05.399 can get you on the right path. So so tell 1352 01:13:05.439 --> 01:13:07.560 me more about this doctor you have him knocking down 1353 01:13:07.560 --> 01:13:09.119 your doors or you. 1354 01:13:09.439 --> 01:13:12.159 Get a lot of that on the AARP line where 1355 01:13:12.199 --> 01:13:17.039 you get people who get contacted by somebody on Facebook 1356 01:13:17.159 --> 01:13:19.920 or on one of these sites, and they pretend to 1357 01:13:19.960 --> 01:13:24.359 be interested in dating you or falling in love with you, 1358 01:13:24.760 --> 01:13:27.920 and they always ask for money. They never will face 1359 01:13:27.960 --> 01:13:30.680 some of you, they'll never talk to you. There's always 1360 01:13:30.720 --> 01:13:34.560 an impediment to what they're getting together. And there's always 1361 01:13:34.600 --> 01:13:38.039 somebody who is out of the country on or rig 1362 01:13:38.399 --> 01:13:42.199 or in the military, and they will they will never 1363 01:13:42.319 --> 01:13:45.960 ever reveal themselves because it's some twenty year old kid 1364 01:13:46.000 --> 01:13:49.399 in Legos or in the Calcutta that's pretending to be 1365 01:13:49.520 --> 01:13:50.159 the other person. 1366 01:13:50.479 --> 01:13:52.399 Just crazy. Hang on a second, we'll be right back. 1367 01:13:52.439 --> 01:14:02.640 Guys, go with a thing Denver's Best roofer Excel Roofing 1368 01:14:02.760 --> 01:14:03.319 dot com. 1369 01:14:03.359 --> 01:14:07.359 You don't pay a cent until you're content, wait. 1370 01:14:08.760 --> 01:14:12.319 Time for an insurance checkup, free no obligation comparison call 1371 01:14:12.399 --> 01:14:15.720 Compass Insurance paying too much your coverage at dozens of 1372 01:14:15.760 --> 01:14:16.640 insurance companies. 1373 01:14:16.720 --> 01:14:19.319 Find out now three all three seven seven one help. 1374 01:14:19.520 --> 01:14:22.119 You'll think you're his only customer when you choose Frank 1375 01:14:22.199 --> 01:14:24.640 durand the real estate Man dot com to list your 1376 01:14:24.680 --> 01:14:27.800 home with Remax Alliance three all three nine two zero 1377 01:14:27.960 --> 01:14:37.640 sixteen twenty two. 1378 01:14:40.880 --> 01:14:43.279 Right should afternoon, John Fuller coming back at you on 1379 01:14:43.399 --> 01:14:46.680 the Troubleshooter Network. We are here to help you solve problems, 1380 01:14:46.720 --> 01:14:50.079 take complaints, answer questions, all of that kind of fun stuff. 1381 01:14:50.119 --> 01:14:51.840 And it all starts with you picking up the phone 1382 01:14:51.880 --> 01:14:53.920 and giving us a call at three three seven one 1383 01:14:53.920 --> 01:14:58.960 three eight two five five. We are here for you. 1384 01:14:59.039 --> 01:15:01.079 So in the studio TODA Day, we have Brad O'Brien. 1385 01:15:01.119 --> 01:15:05.840 Brad as a real estate attorney. He is available when 1386 01:15:05.880 --> 01:15:09.079 he's not in the studio at OLS Law that's o 1387 01:15:09.399 --> 01:15:12.880 lslaw dot com or seven two oh three seven O 1388 01:15:13.039 --> 01:15:15.039 seven three eight eight. Give Brad a call for all 1389 01:15:15.039 --> 01:15:18.079 of your real estate needs. We've got Eva on the 1390 01:15:18.119 --> 01:15:20.199 line that still has a question here. We're going to 1391 01:15:20.239 --> 01:15:22.199 go back to Eva. Eva. Are you still there? 1392 01:15:23.720 --> 01:15:26.039 I am R What is going on? 1393 01:15:26.159 --> 01:15:26.479 Eva? 1394 01:15:27.439 --> 01:15:27.640 Yeah? 1395 01:15:27.800 --> 01:15:31.079 I forgot to ask before there is a renter that 1396 01:15:31.199 --> 01:15:34.520 I have that I never had a lease with Uh huh, 1397 01:15:34.520 --> 01:15:37.960 can you explain the how to handle that? 1398 01:15:39.560 --> 01:15:43.000 Sure? Is that a relative or a non relative? 1399 01:15:44.119 --> 01:15:46.479 Uh? No, not non relative? 1400 01:15:46.560 --> 01:15:50.000 Okay, Well, you're not required to have a lease in 1401 01:15:50.039 --> 01:15:51.920 writing with a tenant. It makes a whole lot of 1402 01:15:51.920 --> 01:15:55.760 sense to have one. But if they if you don't 1403 01:15:55.760 --> 01:15:58.680 have something in writing, then their tendency, whether it's month 1404 01:15:58.720 --> 01:16:01.640 to month or year to year, is typically deemed to 1405 01:16:01.640 --> 01:16:03.680 be how often they pay the rent. So if they 1406 01:16:03.680 --> 01:16:05.800 pay the rent once every month, you might have a 1407 01:16:05.840 --> 01:16:07.640 month to month tennancy. If they pay once a week, 1408 01:16:07.640 --> 01:16:09.680 you might have a week to week tendancy. And those 1409 01:16:09.720 --> 01:16:12.199 have different termination requirements. 1410 01:16:13.399 --> 01:16:14.760 What about a month to month. 1411 01:16:15.960 --> 01:16:17.800 Well, if you have an unwritten month to month lease 1412 01:16:17.880 --> 01:16:21.119 and you want to terminate that, you can on twenty 1413 01:16:21.159 --> 01:16:23.479 one days advance written notice. So if rent is due 1414 01:16:23.479 --> 01:16:25.720 on the first of the month, then you have to 1415 01:16:25.840 --> 01:16:29.039 terminate twenty one days prior to the end of a month, 1416 01:16:29.079 --> 01:16:30.760 so by the tenth of the month, if it's thirty 1417 01:16:30.760 --> 01:16:35.760 one day month. Now, unfortunately, well the laws changed last year. 1418 01:16:36.600 --> 01:16:38.880 As soon as they've been there for one year, then 1419 01:16:38.920 --> 01:16:41.479 you have to give them ninety days notice of terminating 1420 01:16:41.520 --> 01:16:45.680 their tenancy, and you have to have a specific reason 1421 01:16:45.800 --> 01:16:48.119 what's called a just cause, like you want to sell 1422 01:16:48.239 --> 01:16:51.119 or you want to convert it to something else. But actually, 1423 01:16:51.119 --> 01:16:54.600 do you live in the same house or no? Okay, 1424 01:16:54.720 --> 01:16:56.239 if you lived in the same house and you're renting 1425 01:16:56.239 --> 01:16:58.439 out a room, then that ninety day thing doesn't apply. 1426 01:17:00.159 --> 01:17:02.720 But it's ninety days even if they never. 1427 01:17:02.600 --> 01:17:06.920 Had a leave. Yes, and you have to have just costs. 1428 01:17:07.000 --> 01:17:10.560 Okay, why do you want to evictim eva? 1429 01:17:12.079 --> 01:17:19.319 Because they have They've been paying half the price or 1430 01:17:19.479 --> 01:17:22.760 less of what I could get for that house and 1431 01:17:23.960 --> 01:17:25.760 are non negotiable. 1432 01:17:26.640 --> 01:17:31.119 They're non negotiable, right, meaning they just say no when 1433 01:17:31.119 --> 01:17:32.600 you tell them you want to raise the rent. 1434 01:17:33.560 --> 01:17:36.920 Correct So you can raise. 1435 01:17:36.760 --> 01:17:39.560 The rent on them with the sixty days advanced notice, 1436 01:17:39.840 --> 01:17:42.600 So sixty days before the first of some month where 1437 01:17:42.600 --> 01:17:44.560 you want to raise the rent, give them that notice 1438 01:17:44.560 --> 01:17:47.199 that the rent's going up by this amount and it 1439 01:17:47.239 --> 01:17:48.680 will and if they don't pay it, then. 1440 01:17:48.560 --> 01:17:51.119 You can start an eviction proceeding with a ten day 1441 01:17:51.159 --> 01:17:52.840 notice how. 1442 01:17:54.079 --> 01:17:57.520 Much notice if they don't pay the correct amount. 1443 01:17:57.640 --> 01:18:02.000 If a tenant doesn't pay the rent, then by the deadline, 1444 01:18:02.079 --> 01:18:05.760 if you're lead, well, if there's no lease, and it's 1445 01:18:05.800 --> 01:18:07.560 doing the first is doing the first. But some leases 1446 01:18:07.560 --> 01:18:09.319 say there's a five day grace period. If there was 1447 01:18:09.319 --> 01:18:11.920 a grace period, you would wait until that grace period 1448 01:18:12.039 --> 01:18:13.399 is over, and then you would give them. 1449 01:18:13.359 --> 01:18:14.319 A ten day notice. 1450 01:18:14.560 --> 01:18:16.520 After the end of the ten days, if they haven't 1451 01:18:16.520 --> 01:18:19.199 paid the past due rent, then you can file a 1452 01:18:19.279 --> 01:18:20.479 court action for eviction. 1453 01:18:20.960 --> 01:18:23.520 So for either if they've been there more than a year. 1454 01:18:23.600 --> 01:18:26.600 But it's an unwritten month to month lease and she 1455 01:18:26.680 --> 01:18:28.680 wants to raise the rent, she's got to give them 1456 01:18:28.720 --> 01:18:34.119 sixty days notice for that or ninety days notice with 1457 01:18:34.399 --> 01:18:39.000 just cause to just terminate the lease. Is that right? Complicated? 1458 01:18:40.840 --> 01:18:45.199 I actually have to confirm one of those deadlines. The 1459 01:18:44.880 --> 01:18:46.119 most of that is correct. 1460 01:18:46.319 --> 01:18:48.840 I need to look up something real quick. Is there 1461 01:18:48.840 --> 01:18:51.159 another question? While I look at the story of my life? 1462 01:18:51.159 --> 01:18:55.640 Mostly correct? Was there something else? So explain to me 1463 01:18:55.680 --> 01:18:59.079 how that they're non negotiable on this idea of raising 1464 01:18:59.079 --> 01:19:01.359 the rent. Did they just say no, no, thanks, We're 1465 01:19:01.399 --> 01:19:04.359 not going to do that. Fly a kite? I mean, 1466 01:19:04.760 --> 01:19:07.319 tell me how that you're you're the landlord right. 1467 01:19:08.920 --> 01:19:09.159 Right? 1468 01:19:09.279 --> 01:19:15.720 I'm too too kind, I guess, And you know I 1469 01:19:15.880 --> 01:19:18.039 like to work with people. If they can't afford it. 1470 01:19:18.119 --> 01:19:24.079 But with everything raising in you know, real estate taxes 1471 01:19:24.159 --> 01:19:28.880 and everything going up, I can't afford to have them 1472 01:19:29.640 --> 01:19:32.479 ranking that place. That's such a low amount. 1473 01:19:32.119 --> 01:19:37.920 And they are ruining it as far as not taking 1474 01:19:37.960 --> 01:19:41.560 care of the outside. And I believe they are also 1475 01:19:41.720 --> 01:19:42.840 taking in tennis. 1476 01:19:43.079 --> 01:19:46.079 Oh oh no, we can't have that. So is this 1477 01:19:46.119 --> 01:19:48.199 a freestanding like single family home? 1478 01:19:48.920 --> 01:19:49.319 It is? 1479 01:19:49.920 --> 01:19:51.159 Okay? What are you charging? 1480 01:19:53.239 --> 01:19:55.520 Oh? Just about a thousand? 1481 01:19:55.880 --> 01:19:58.600 Oh wow? Where is this house like that? Neighbors? Are 1482 01:19:58.600 --> 01:19:59.800 we talking about? How many rooms? 1483 01:20:00.640 --> 01:20:02.560 Import collins bedroom? 1484 01:20:02.880 --> 01:20:05.720 Oh that's a nice town and a price. 1485 01:20:06.359 --> 01:20:08.920 How long have you been charging them a thousand dollars? Eva? 1486 01:20:09.760 --> 01:20:14.159 Well, only a couple of years before that, it was 1487 01:20:14.199 --> 01:20:15.359 in the nine hundreds. 1488 01:20:15.600 --> 01:20:17.960 They're probably making money by sub by sub lessons. 1489 01:20:18.039 --> 01:20:20.079 Probably are, Yeah, I think so. 1490 01:20:20.279 --> 01:20:20.479 Yeah. 1491 01:20:20.600 --> 01:20:22.680 I guarantee you they're renting those rooms out for nine 1492 01:20:22.760 --> 01:20:24.640 hundred bucks a month in a college town. 1493 01:20:24.920 --> 01:20:25.159 Right. 1494 01:20:25.239 --> 01:20:27.760 And also everything you said a minute ago was correct. 1495 01:20:28.159 --> 01:20:30.560 Sixty days notice to increase the rent when there's no 1496 01:20:30.600 --> 01:20:32.720 written lease, got it, nailed it? 1497 01:20:32.800 --> 01:20:34.039 Okay? 1498 01:20:34.079 --> 01:20:35.760 All right? So does that answer your questions? 1499 01:20:35.760 --> 01:20:36.000 Eva? 1500 01:20:36.199 --> 01:20:38.600 I mean, you just got to toughen up a little 1501 01:20:38.640 --> 01:20:41.760 bit here, and I know you know you can get 1502 01:20:41.800 --> 01:20:43.760 a lot more to rent that place, and you just 1503 01:20:43.800 --> 01:20:46.079 need to put your feet down and give them notice 1504 01:20:46.119 --> 01:20:48.840 and writing that the that the rent is going to 1505 01:20:48.880 --> 01:20:51.560 go up to the market rate, looking figure out what 1506 01:20:51.640 --> 01:20:55.560 market is and and just inform them that you're going 1507 01:20:55.600 --> 01:20:58.359 to raise that rate up and they can either accept 1508 01:20:58.359 --> 01:21:01.159 it or get out on their own. And if not, 1509 01:21:01.399 --> 01:21:06.159 you have the ability to initiate the eviction proceedings. And so, uh, 1510 01:21:06.279 --> 01:21:09.359 let us know how that works out for you, okay, Eva, Oh, 1511 01:21:09.399 --> 01:21:10.079 thank you Eva. 1512 01:21:10.399 --> 01:21:12.640 This is both I have a suggestion. 1513 01:21:12.880 --> 01:21:15.520 I know'll being a landlord myself, sometimes it's kind of 1514 01:21:15.560 --> 01:21:18.359 tough to communicate with people maybe that you've known for 1515 01:21:18.399 --> 01:21:21.880 a long time. You may want to give Brad O'Brien 1516 01:21:21.960 --> 01:21:24.800 a call and have him draft the letter for the 1517 01:21:24.880 --> 01:21:28.039 rent increase, who would have a lot more teeth if 1518 01:21:28.039 --> 01:21:31.520 he will coming from an attorney rather than you meet 1519 01:21:31.800 --> 01:21:34.760 telling the tenant that you mean business, that you're going 1520 01:21:34.760 --> 01:21:38.800 to be raising the rent or hav an eventual move out. 1521 01:21:39.479 --> 01:21:40.520 Do you do that kind of stuff? 1522 01:21:40.600 --> 01:21:40.760 Ray? 1523 01:21:40.960 --> 01:21:41.159 Yes? 1524 01:21:41.199 --> 01:21:43.159 And I think that in particular, if if your end 1525 01:21:43.199 --> 01:21:44.640 goal is to get them out, and you think you're 1526 01:21:44.640 --> 01:21:46.800 probably going to be going to court anyway, then have 1527 01:21:46.920 --> 01:21:49.119 me start drafting all these notices because they will be 1528 01:21:49.279 --> 01:21:52.319 exhibiting in the court case. Right, what haven't done done correctly? 1529 01:21:52.359 --> 01:21:54.359 In great advice? Notice the rent increase needs to be 1530 01:21:54.399 --> 01:21:57.199 in writing as well. So, Eva, here's how you get 1531 01:21:57.199 --> 01:22:00.000 a hold of Brad. His number is seven too oho 1532 01:22:00.079 --> 01:22:03.680 three seven oh seven three eight eight, and you can 1533 01:22:03.680 --> 01:22:07.199 find him on the web at olslaw dot com. So 1534 01:22:07.359 --> 01:22:11.600 we'd recommend that you give him a call and protect 1535 01:22:11.640 --> 01:22:14.760 yourself by papering this thing up and doing everything correctly. 1536 01:22:14.800 --> 01:22:17.640 Okay, sounds good, Thank you so much. 1537 01:22:17.720 --> 01:22:20.439 All right, we are coming up on another break here, Frank, 1538 01:22:20.479 --> 01:22:22.920 hang on. We'll get you next with your issue about 1539 01:22:22.920 --> 01:22:25.800 insurance and a motorcycle. Just uh hang on, we'll be 1540 01:22:25.920 --> 01:22:26.319 right back. 1541 01:22:31.560 --> 01:22:34.840 Go with a sure thing Denver's best roofer Excel roofing 1542 01:22:34.920 --> 01:22:35.520 dot com. 1543 01:22:35.560 --> 01:22:37.560 You don't pay a cent until you're content. 1544 01:22:40.960 --> 01:22:44.159 Time for an insurance check up, free, no obligation comparison 1545 01:22:44.279 --> 01:22:47.840 call Compass insurance paying too much your coverage at dozens 1546 01:22:47.840 --> 01:22:50.560 of insurance companies find out now three all three seven 1547 01:22:50.680 --> 01:22:51.159 seven to one. 1548 01:22:51.279 --> 01:22:51.520 Help. 1549 01:22:51.680 --> 01:22:54.319 You'll think you're his only customer when you choose Frank 1550 01:22:54.399 --> 01:22:56.840 durand the real estate man dot Com to list your 1551 01:22:56.880 --> 01:23:00.000 home with Remax Alliance three all three nine two zero 1552 01:23:00.119 --> 01:23:11.960 sixteen twenty two. 1553 01:23:12.359 --> 01:23:15.560 All right, good afternoon, John Fuller. Here in the Troubleshooter Network, 1554 01:23:15.600 --> 01:23:18.720 we are getting right back to it. We have a 1555 01:23:18.720 --> 01:23:21.159 couple of callers lined up here. Frank, you have an 1556 01:23:21.239 --> 01:23:25.039 issue with motorcycle insurance. What's going on, Frank? 1557 01:23:26.079 --> 01:23:29.760 Oh, actually it's not motorcycle insurance. But what happened is 1558 01:23:29.800 --> 01:23:33.319 my niece shipped a motorcycle from Denver to Grand Junction 1559 01:23:33.920 --> 01:23:37.720 and in transit it got heavily damaged, and they ended up. 1560 01:23:38.399 --> 01:23:41.840 The company that shipped it has Progressive Insurance. Okay, they 1561 01:23:41.880 --> 01:23:44.079 wounded up going back and forth, they got a settlement 1562 01:23:44.720 --> 01:23:48.600 agreed upon of fifty eight hundred dollars. So Progressives tells 1563 01:23:48.680 --> 01:23:51.039 my niece that they'll pay her forty eight hundred, but 1564 01:23:51.479 --> 01:23:54.479 the insurance deductibles one thousand, and she has to get 1565 01:23:54.479 --> 01:23:58.000 it from him, and he said he would venmo or 1566 01:23:58.119 --> 01:24:01.600 Zelle and then come to find out, he called her 1567 01:24:01.600 --> 01:24:03.079 and said, look, I don't have the money. I'm not 1568 01:24:03.119 --> 01:24:05.960 working and I don't have the money to pay it. 1569 01:24:06.000 --> 01:24:08.560 Is it standard for an insurance company to make a 1570 01:24:08.600 --> 01:24:15.479 settlement to total the bike and then not pay the 1571 01:24:15.520 --> 01:24:18.000 whole amount of what they agreed to pay. 1572 01:24:18.239 --> 01:24:21.159 No, it's not that's not how it generally works. The 1573 01:24:21.199 --> 01:24:23.880 only time a deductible normally comes into play is when 1574 01:24:23.920 --> 01:24:27.560 you're making a claim for your own property under like 1575 01:24:27.600 --> 01:24:31.000 a comprehensive claim, where it's like your car or something 1576 01:24:31.039 --> 01:24:32.640 going to the body shop, and you've got to pay 1577 01:24:32.640 --> 01:24:35.479 a deductible when it's a third party. That's no different 1578 01:24:35.520 --> 01:24:37.840 than you and I getting in an accident, Frank and 1579 01:24:37.920 --> 01:24:39.960 my insurance company has to pay your car. They're not 1580 01:24:39.960 --> 01:24:43.199 going to charge me a deductible for that claim. They're 1581 01:24:43.279 --> 01:24:46.560 going to pay the claim out completely. And it just 1582 01:24:46.640 --> 01:24:48.680 doesn't come up at all. So I think I would 1583 01:24:48.680 --> 01:24:51.920 take that up with Progressive and just say, no, thank you, 1584 01:24:51.960 --> 01:24:54.119 we're not playing that game. If you have some deal 1585 01:24:54.159 --> 01:24:57.199 with your insured, that's on your end, but you can't 1586 01:24:57.239 --> 01:25:01.439 shift that over to you to go collect that thousand dollars. 1587 01:25:02.600 --> 01:25:05.319 Well, apparently, I'll talk to her more. But apparently she's 1588 01:25:05.359 --> 01:25:08.279 talked to Progressive or the agent or whoever it is 1589 01:25:08.319 --> 01:25:12.800 that's worked this out, and they said, no, you have 1590 01:25:12.840 --> 01:25:15.960 to get it from him. And so I suggested that 1591 01:25:16.039 --> 01:25:19.520 she get a hold of the real Estate Commission Colorado 1592 01:25:19.560 --> 01:25:23.600 real Estate or insurance Commission and make a complaint because 1593 01:25:23.680 --> 01:25:25.039 that's not the way it should be handled. 1594 01:25:25.239 --> 01:25:28.000 Yeah, I mean, you can definitely do that. They'll take 1595 01:25:28.079 --> 01:25:31.720 your complaint and stuff. But that's just not right. And 1596 01:25:31.760 --> 01:25:35.039 I think if you keep elevating that or escalating it 1597 01:25:35.079 --> 01:25:39.079 to you know, a higher level at Progressive, somebody is gonna, 1598 01:25:39.479 --> 01:25:41.319 you know, is going to say, no, that's not how 1599 01:25:41.319 --> 01:25:44.199 it's supposed to happen. I can't think of any type 1600 01:25:44.199 --> 01:25:49.319 of insurance claim that would require you, the claimant to 1601 01:25:49.399 --> 01:25:52.920 go and seek out some sort of a deductible from 1602 01:25:52.960 --> 01:25:57.439 some third party, even if they had a coinsurance amount 1603 01:25:57.520 --> 01:26:00.880 or something. You know, that's just not how that's just 1604 01:26:00.920 --> 01:26:01.760 not how it works. 1605 01:26:02.000 --> 01:26:03.560 So well, that's good advice. 1606 01:26:03.600 --> 01:26:06.079 I'm going to have her do that and hopefully take 1607 01:26:06.079 --> 01:26:09.399 it up the chain and get it resolved quickly. Obviously 1608 01:26:09.479 --> 01:26:11.640 she saw the complaint. That may take a little longer, 1609 01:26:11.640 --> 01:26:13.239 it may not even have any impact. 1610 01:26:13.760 --> 01:26:16.960 Well, I mean it can. I mean, you just never 1611 01:26:17.039 --> 01:26:20.239 know the thing about the insurance commission is when when 1612 01:26:20.279 --> 01:26:23.239 it has teeth, you know, all you're really hoping that 1613 01:26:23.319 --> 01:26:25.119 you get out of that is a phone call to 1614 01:26:25.159 --> 01:26:27.640 the carrier saying is this really what you guys are 1615 01:26:27.680 --> 01:26:31.520 wanting to do here? And oftentimes to compel them to 1616 01:26:32.039 --> 01:26:35.920 exactly it's just that that call saying we're watching and 1617 01:26:35.960 --> 01:26:38.000 we're aware of this, and is this really how you 1618 01:26:38.039 --> 01:26:40.640 want to play the game? And many times that's all 1619 01:26:40.680 --> 01:26:43.520 it takes to get, you know, to get something to happen. 1620 01:26:43.680 --> 01:26:45.479 With that being said, though, let me tell you, in 1621 01:26:45.520 --> 01:26:51.319 my practice, progressive takes liberties that I take issue with 1622 01:26:51.479 --> 01:26:54.479 on a number of different things, and so it's not 1623 01:26:54.880 --> 01:26:58.520 surprising to me that you're having that issue. But but 1624 01:26:58.720 --> 01:27:01.560 I've generally been able to resolve them just by pushing 1625 01:27:01.600 --> 01:27:04.199 harder and harder and getting people higher up on the 1626 01:27:04.279 --> 01:27:07.039 food chain to deal with it. So that would be 1627 01:27:07.119 --> 01:27:08.520 my suggestion to you. 1628 01:27:08.520 --> 01:27:11.279 Perfect And we're gonna try that for sure, all right, 1629 01:27:11.319 --> 01:27:13.039 and I'll let you know how it works out. 1630 01:27:13.119 --> 01:27:15.960 Hey, dude, do that. I appreciate it, Frank, he's doing better. 1631 01:27:16.840 --> 01:27:18.960 We'll pass that along. Thanks Frank for the call. We 1632 01:27:19.000 --> 01:27:22.000 appreciate it. Keith is on the line with the comment 1633 01:27:22.039 --> 01:27:25.079 about eva situation. Keith, what's going on? 1634 01:27:26.560 --> 01:27:26.680 Oh? 1635 01:27:27.159 --> 01:27:30.000 I just wanted to add that if you don't have 1636 01:27:30.079 --> 01:27:34.960 a lease which states a grace period for the for 1637 01:27:35.039 --> 01:27:38.680 the payments of the monthly rental, then the state automatically 1638 01:27:39.039 --> 01:27:42.720 implies a seven day waiting period, so you couldn't file 1639 01:27:42.760 --> 01:27:45.319 the ten day notice until a week after they don't 1640 01:27:45.319 --> 01:27:47.159 pay if she doesn't have a lease. 1641 01:27:47.520 --> 01:27:51.079 Okay, and Brad, would you care to Yeah, I don't. 1642 01:27:51.119 --> 01:27:54.000 I don't agree with that. I know I do know 1643 01:27:54.079 --> 01:27:56.000 the seven day thing you're talking about. Let me first 1644 01:27:56.000 --> 01:27:58.000 say that as soon as they are daylight, you can 1645 01:27:58.039 --> 01:27:59.680 give them a ten day notice. The seven day thing 1646 01:27:59.680 --> 01:28:04.520 you're talking talking about, I expect is right to cure. No, 1647 01:28:04.720 --> 01:28:07.239 the late fee, so you can charge if it's in 1648 01:28:07.279 --> 01:28:09.880 a written lease that that that the landlord can charge 1649 01:28:09.880 --> 01:28:13.279 a late fee, then the late fee can be a 1650 01:28:13.279 --> 01:28:13.880 certain amount. 1651 01:28:14.399 --> 01:28:15.680 Top of my head, I can't say what it is. 1652 01:28:15.720 --> 01:28:17.800 But you cannot assess that late fee until the rent 1653 01:28:17.840 --> 01:28:21.439 has been late for seven days, So you. 1654 01:28:21.359 --> 01:28:21.760 Can get that. 1655 01:28:22.239 --> 01:28:24.039 Uh, you can assess that late fee on the eighth day, 1656 01:28:24.399 --> 01:28:26.680 but but you can you can give the ten day 1657 01:28:26.680 --> 01:28:27.239 notice as soon. 1658 01:28:27.119 --> 01:28:30.800 As they're minute late on the rent. Okay, is that 1659 01:28:31.199 --> 01:28:35.079 is that what you're talking about? The late fee there? Keith, Yes, yes, 1660 01:28:35.159 --> 01:28:37.800 thank you for that. Correction. Okay, cool, Well, thanks for 1661 01:28:37.840 --> 01:28:40.880 the comment. We appreciate the call there, Keith. We're going 1662 01:28:40.960 --> 01:28:42.600 to go to a couple of follow ups here. Bo 1663 01:28:42.720 --> 01:28:46.199 actually had a couple of questions for for Brad today 1664 01:28:46.199 --> 01:28:48.119 on real estate issues. We're going to go ahead and 1665 01:28:48.199 --> 01:28:50.720 deal with those as always. Give us a call. We 1666 01:28:50.800 --> 01:28:52.960 got a couple open lines seven one, three, eight, two 1667 01:28:53.000 --> 01:28:55.800 five five is the number, uh three oh three. Martino 1668 01:28:55.920 --> 01:28:57.600 also works, So give us a call. We'll be glad 1669 01:28:57.640 --> 01:28:58.279 to help you out. 1670 01:28:58.640 --> 01:28:58.800 Bo. 1671 01:28:59.079 --> 01:29:00.640 What is going on with you? 1672 01:29:01.159 --> 01:29:04.119 Yes, And I'd like to just comment to our listeners 1673 01:29:04.960 --> 01:29:08.920 who are landlords, this is a great opportunity for you 1674 01:29:09.000 --> 01:29:12.319 to call in talk to Brad O'Brien and get your 1675 01:29:12.439 --> 01:29:17.119 legal real estate questions answered. It no charge. And Brad, 1676 01:29:17.159 --> 01:29:19.600 I have a question being a landlord. I've been to 1677 01:29:19.680 --> 01:29:24.600 court several times on fictions and the judge issues this 1678 01:29:25.079 --> 01:29:29.159 piece of paper called the writ of restitution. And I 1679 01:29:29.279 --> 01:29:31.680 understand the word writ, but I never really could get 1680 01:29:31.680 --> 01:29:37.840 my brain wrapped around the word restitution. And my question 1681 01:29:37.960 --> 01:29:40.520 is twofold. If I do get the rep when I 1682 01:29:40.520 --> 01:29:43.159 do get the writ of restitution, is this something that 1683 01:29:43.199 --> 01:29:48.239 I can just serve upon the tenant because technically, when 1684 01:29:48.279 --> 01:29:51.159 you use the sheriff, the sheriff is sometimes like a 1685 01:29:51.279 --> 01:29:55.840 month and a half out to execute this writ of restitution. 1686 01:29:56.399 --> 01:29:59.640 And the second part of my question is how long 1687 01:29:59.680 --> 01:30:02.079 does rate of restitution lasts? 1688 01:30:02.199 --> 01:30:04.479 Is it a week, a month, a year? 1689 01:30:05.439 --> 01:30:08.439 So okay, Well, when the only way that a landlord 1690 01:30:08.479 --> 01:30:11.800 can can lawfully evict a tenant is through the court, 1691 01:30:12.119 --> 01:30:13.600 and they go to court and file on an eviction 1692 01:30:13.720 --> 01:30:18.199 action in order to obtain a court order for possession 1693 01:30:18.239 --> 01:30:21.359 of the property, where the court is saying that the 1694 01:30:21.399 --> 01:30:24.920 landlord has legal possession of the premises, the rental premises, 1695 01:30:24.920 --> 01:30:27.960 and the tenant no longer has legal possession, and so 1696 01:30:28.000 --> 01:30:30.319 that is the restitution. So the court is basically giving 1697 01:30:30.399 --> 01:30:33.880 the possession of the premises back to the landlord. That's 1698 01:30:33.920 --> 01:30:35.079 the restitution part of it. 1699 01:30:35.640 --> 01:30:35.840 Now. 1700 01:30:35.880 --> 01:30:39.199 So at the end of a eviction court case, there's 1701 01:30:39.239 --> 01:30:42.359 a trial or a default judgment which ends up in 1702 01:30:42.399 --> 01:30:45.359 this order of possession in favor of the landlord, and 1703 01:30:45.920 --> 01:30:48.840 the next step is the writ of restitution that is 1704 01:30:48.880 --> 01:30:51.399 an order from the court to the county sheriff. 1705 01:30:52.000 --> 01:30:55.239 The actual form of the writs. 1706 01:30:54.880 --> 01:30:59.039 Starts off to the sheriff of whichever county and so 1707 01:30:59.239 --> 01:31:01.720 the only party that execute a written or do something 1708 01:31:01.760 --> 01:31:04.960 about it is the sheriff. Private parties and landlords cannot 1709 01:31:05.079 --> 01:31:07.920 execute writs on their own. That's self help and that's illegal, 1710 01:31:07.960 --> 01:31:11.239 and that'll get you in trouble. So as soon as 1711 01:31:11.239 --> 01:31:14.119 a judge court issues this order of possession in favor 1712 01:31:14.119 --> 01:31:16.760 of the landlord, then there's a two day waiting period 1713 01:31:17.359 --> 01:31:20.159 before the writ can be issued. However, there's a further 1714 01:31:20.199 --> 01:31:22.920 waiting period of ten days after that judgment has entered 1715 01:31:22.920 --> 01:31:27.039 before the sheriff can actually execute the rit Now you 1716 01:31:27.079 --> 01:31:29.960 recognize that there's a problem of some of these county 1717 01:31:29.960 --> 01:31:32.520 sheriffs are kind of backed up and truth sometimes a 1718 01:31:32.560 --> 01:31:33.000 month and a. 1719 01:31:32.960 --> 01:31:36.439 Half, Brad, So can I interrupt here just so we 1720 01:31:36.479 --> 01:31:40.199 can clarify the language. What does execute the writ actually mean? 1721 01:31:40.239 --> 01:31:42.119 Does that mean nailing it on the door? Does that 1722 01:31:42.159 --> 01:31:45.319 mean physically kicking the people out? I mean, what does 1723 01:31:45.359 --> 01:31:46.439 executing it mean? 1724 01:31:46.640 --> 01:31:50.640 When a sheriff executes a red restitution, they are physically 1725 01:31:50.680 --> 01:31:52.880 removing the tenants and their belongings from the premises. 1726 01:31:52.960 --> 01:31:54.760 Okay, and let me clarify. They don't lift a finger 1727 01:31:54.800 --> 01:31:55.720 to do any of that stuff. 1728 01:31:55.840 --> 01:31:56.000 Right. 1729 01:31:56.199 --> 01:31:59.840 The landlord who is doing the eviction is required to 1730 01:32:00.079 --> 01:32:03.439 hire a moving company or to have like five or 1731 01:32:03.439 --> 01:32:07.039 six able bodied movers sufficient to get the move out 1732 01:32:07.079 --> 01:32:10.039 done within one hour, maybe two if it's a bigger house. 1733 01:32:10.279 --> 01:32:12.119 So is that when you just see stuff piled up 1734 01:32:12.640 --> 01:32:13.560 by the curb. 1735 01:32:13.680 --> 01:32:17.880 Right, so the right any the move out, the place 1736 01:32:17.920 --> 01:32:19.640 to put it is next to the right of way 1737 01:32:20.279 --> 01:32:22.119 and that unfortunately, that will get you in trouble if 1738 01:32:22.159 --> 01:32:25.359 you're like an hua community, because that'll get the land 1739 01:32:25.359 --> 01:32:28.600 we're defined so they but normally those things have to 1740 01:32:28.640 --> 01:32:31.239 remain on the curve for twenty four hours before the 1741 01:32:31.279 --> 01:32:34.960 landlord can remove them. There is some protection for the 1742 01:32:35.039 --> 01:32:39.600 landlord for loss of property by following the procedures if 1743 01:32:39.720 --> 01:32:44.079 the if the sheriff is there supervising the execution of 1744 01:32:44.079 --> 01:32:48.039 the red restitution supervising the actional move out, then the 1745 01:32:48.239 --> 01:32:51.279 landlord is protected from a liability. 1746 01:32:50.760 --> 01:32:54.279 For loss of that personal property. Okay, hold that thought. 1747 01:32:54.279 --> 01:32:55.760 We're going to take a real quick break and we'll 1748 01:32:55.800 --> 01:33:02.239 be right back. So thank you. 1749 01:33:02.239 --> 01:33:05.520 Go with a sure thing Denver's Best roofer Excel roofing 1750 01:33:05.640 --> 01:33:08.279 dot com. You don't pay a cent until you're content. 1751 01:33:11.640 --> 01:33:14.840 Time for an insurance checkup free no obligation. In comparison, 1752 01:33:14.960 --> 01:33:18.520 call Compass insurance paying too much your coverage at dozens 1753 01:33:18.520 --> 01:33:21.279 of insurance companies find out now three all three seven 1754 01:33:21.359 --> 01:33:24.159 seven to one help. You'll think you're his only customer 1755 01:33:24.199 --> 01:33:26.479 when you choose Frank durand the real estate Man dot 1756 01:33:26.479 --> 01:33:29.800 com to list your home with Remax Alliance three all 1757 01:33:29.840 --> 01:33:40.840 three nine two zero sixteen twenty two. 1758 01:33:41.680 --> 01:33:44.880 Hey, we're back live in the house. This is John 1759 01:33:44.920 --> 01:33:47.920 Fuller on the Troubleshooter Network and we are working through 1760 01:33:48.800 --> 01:33:51.439 Bo's questions and all things about what not to do 1761 01:33:51.640 --> 01:33:54.119 on evictions and stuff. And it sounds like there's so 1762 01:33:54.239 --> 01:33:56.319 much more to it than I ever had an idea, 1763 01:33:57.039 --> 01:33:59.560 and so I'm going to turn it back over to 1764 01:33:59.600 --> 01:34:04.239 bow here or what. So it sounds like a crazy 1765 01:34:04.520 --> 01:34:08.119 process here where I mean, how many times does it 1766 01:34:08.159 --> 01:34:10.760 actually go down to where you're having to get the sheriff. 1767 01:34:10.800 --> 01:34:13.600 It seems like people would want to get their stuff 1768 01:34:13.680 --> 01:34:15.680 out and not have it end up on the curb. 1769 01:34:15.760 --> 01:34:19.359 I mean, does this happen a lot in your practice? Yeah, 1770 01:34:19.399 --> 01:34:20.199 most tenants. 1771 01:34:20.920 --> 01:34:23.119 Most tenants will not go to the bitter end of 1772 01:34:23.159 --> 01:34:25.399 the sheriff process because nobody wants their stuff to be 1773 01:34:25.439 --> 01:34:28.720 put out on the curb, right, so when they know 1774 01:34:28.760 --> 01:34:30.680 it's close, they'll they'll finally go. But there are some 1775 01:34:30.720 --> 01:34:32.800 dead enders out there who go to the better end 1776 01:34:32.800 --> 01:34:35.800 and their stuff's out of the curb. I don't know why, 1777 01:34:36.039 --> 01:34:38.760 but but that's it's expensive for landlord to take it 1778 01:34:38.800 --> 01:34:40.560 that far because then they have to hire movers. 1779 01:34:41.199 --> 01:34:42.960 They got to pay the sheriff feed to actually do that. 1780 01:34:43.760 --> 01:34:45.199 It's happened to me twice. 1781 01:34:45.439 --> 01:34:50.880 And about this rider restitution, Brad, I would like, you're right, 1782 01:34:51.920 --> 01:34:54.960 it's a it's a device that goes directly to the sheriff. 1783 01:34:55.279 --> 01:34:58.319 But I'd like to have the ability to present the 1784 01:34:58.399 --> 01:35:01.600 ridd restitution pay or to the tenant to know that, 1785 01:35:01.640 --> 01:35:05.079 I mean business, you need to get out, because the 1786 01:35:05.119 --> 01:35:07.720 last couple of experiences I have they have not I 1787 01:35:07.720 --> 01:35:08.239 mean just. 1788 01:35:08.159 --> 01:35:08.399 As a. 1789 01:35:11.000 --> 01:35:13.680 Warning that they need to move their stuff out. And 1790 01:35:13.760 --> 01:35:17.600 in Denver, for a landlord, it's pretty difficult to do 1791 01:35:17.640 --> 01:35:19.800 the eviction all the way down. Of course, you want 1792 01:35:19.800 --> 01:35:22.199 people to move their stuff out, but the sheriff the 1793 01:35:22.279 --> 01:35:24.439 last time we used it was like a month and 1794 01:35:24.520 --> 01:35:28.800 a half out to just show up to supervise. And 1795 01:35:28.800 --> 01:35:30.920 you're right, they don't lift a thing and they give 1796 01:35:30.960 --> 01:35:33.000 you an hour and a half to two hours tops, 1797 01:35:33.199 --> 01:35:35.039 and if you can't get the move done in that 1798 01:35:35.720 --> 01:35:38.760 time frame, you basically have to start over with the 1799 01:35:38.760 --> 01:35:39.920 eviction process. 1800 01:35:40.760 --> 01:35:43.119 Yeah, most county sheriff's offices don't want you to call 1801 01:35:43.159 --> 01:35:45.159 them until that ten day waiting period to serve a 1802 01:35:45.159 --> 01:35:47.399 writ has actually run, and so you call them on 1803 01:35:47.880 --> 01:35:49.800 day ten or eleven, and then they open the calendar 1804 01:35:49.840 --> 01:35:51.560 and say, okay, three to four weeks out, we have 1805 01:35:51.600 --> 01:35:54.960 an opening to conduct an eviction. And so yeah, there's 1806 01:35:55.079 --> 01:35:57.520 an additional time in there. No, some tenants know about that, 1807 01:35:58.079 --> 01:36:00.039 and they, you know, if they want to game this 1808 01:36:00.159 --> 01:36:01.880 them and get more free rent, they just milk it 1809 01:36:01.920 --> 01:36:02.560 to the bitter end. 1810 01:36:02.840 --> 01:36:06.439 Yeah, So how long does a tenant have to actually 1811 01:36:06.520 --> 01:36:09.800 cure during this process? Like what's the last day that 1812 01:36:09.840 --> 01:36:13.920 they can pay and reset the clock on all this age. 1813 01:36:14.640 --> 01:36:16.279 That was a recent change in the last couple of 1814 01:36:16.319 --> 01:36:19.039 years as well. Now a tenant can cure their unpaid 1815 01:36:19.039 --> 01:36:21.239 rent up until the moment that the judge issues in 1816 01:36:21.399 --> 01:36:24.079 order of possession. Okay, so at that point their right 1817 01:36:24.119 --> 01:36:25.159 to cure has gone. 1818 01:36:25.399 --> 01:36:27.800 So if they come to court with a money order 1819 01:36:27.920 --> 01:36:30.920 or something, they can cure it over and over again 1820 01:36:31.119 --> 01:36:32.520 as long as they want. That's right. 1821 01:36:33.720 --> 01:36:35.800 As part of that cure, do they also have to 1822 01:36:35.840 --> 01:36:38.880 reimburse the landlord for their costs of this eviction or 1823 01:36:38.960 --> 01:36:41.119 is it just the rent that needs to know? 1824 01:36:41.439 --> 01:36:44.479 At this point, there has been no judgment on damages, 1825 01:36:44.560 --> 01:36:46.640 like how much does the rent do and if there's 1826 01:36:46.640 --> 01:36:47.840 any attorney fees involved. 1827 01:36:48.000 --> 01:36:51.000 So eviction cases have two steps. There's two hearings. 1828 01:36:51.000 --> 01:36:53.279 The first hearing is the possession hearing and that normally 1829 01:36:53.359 --> 01:36:56.439 happens ten to fourteen days after the complaint is filed, 1830 01:36:56.840 --> 01:37:01.359 and then based on that outcome, the court would set 1831 01:37:01.479 --> 01:37:03.920 the actual trial on the money part, maybe two to 1832 01:37:03.960 --> 01:37:06.319 three weeks out later, and that's where you can get 1833 01:37:06.359 --> 01:37:09.880 your judgment for order for attorney fees and pass do round. 1834 01:37:09.920 --> 01:37:13.399 So, even if the tenant cures the past due rent 1835 01:37:13.760 --> 01:37:16.640 in the court room, there's still going to be another 1836 01:37:16.800 --> 01:37:18.880 hearing for the damages and costs. 1837 01:37:18.960 --> 01:37:21.880 Yes, landlord could take it to the second part the trial, 1838 01:37:22.159 --> 01:37:23.920 but most landlords aren't going to do that. It's just 1839 01:37:23.920 --> 01:37:26.680 too expensive, doesn't make sense, doesn't ever done that? 1840 01:37:26.840 --> 01:37:29.119 Yeah, the second part you might stay, we have the 1841 01:37:29.159 --> 01:37:30.119 money for the rent. 1842 01:37:30.560 --> 01:37:33.319 They're just they're just beating a dead horse trying to. 1843 01:37:33.520 --> 01:37:35.479 You might spend as much in attorney fees as the 1844 01:37:35.479 --> 01:37:36.920 amount you're trying to recover, and then you. 1845 01:37:36.880 --> 01:37:39.359 May not even be able to recover. Right. Are you 1846 01:37:39.359 --> 01:37:41.079 in county court on these usually? 1847 01:37:41.199 --> 01:37:43.640 Or Yes, you can do evictions in both county court 1848 01:37:43.680 --> 01:37:46.319 and district court, but they're much faster and cheaper in 1849 01:37:46.399 --> 01:37:49.680 county court, which is an expedited process under the rules 1850 01:37:49.800 --> 01:37:51.399 simplified perceise civil procedure. 1851 01:37:51.960 --> 01:37:54.399 But you can actually if the rent. 1852 01:37:54.640 --> 01:37:58.319 Sometimes in the commercial evictions will start in county court 1853 01:37:58.319 --> 01:38:01.960 for possession and then remove it to district court to 1854 01:38:02.239 --> 01:38:05.159 get the money judgment. Because in commercial amount of controversy, 1855 01:38:05.319 --> 01:38:07.680 yeah you can. You can only recover twenty five thousand 1856 01:38:07.720 --> 01:38:09.800 in county court. Right, so if the amount is over, 1857 01:38:10.000 --> 01:38:11.119 you have to go to the district court. 1858 01:38:11.199 --> 01:38:13.079 Got you? But the but the first portion of it 1859 01:38:13.119 --> 01:38:15.039 would still be in county court. It's only when you're 1860 01:38:15.079 --> 01:38:18.239 fighting for the money aspect that the jurisdictional limits come 1861 01:38:18.239 --> 01:38:22.760 into play, right, got you? Cool? Uh, Frank, you have 1862 01:38:22.800 --> 01:38:26.399 another question on your motorcycle shipping issue. What's going on? Frank? 1863 01:38:27.159 --> 01:38:32.000 Well, so she called the supervisor over Progressive and the 1864 01:38:32.039 --> 01:38:36.800 supervisor said that it is a car a commercial cargo policy, 1865 01:38:37.319 --> 01:38:40.079 and that that's the way it's written. But I've never 1866 01:38:40.119 --> 01:38:43.640 heard of an instance where the damaged party has to 1867 01:38:43.720 --> 01:38:48.000 get money from the insured when and they're totaling the bike. 1868 01:38:48.119 --> 01:38:52.159 So I don't understand commercial cargo versus. 1869 01:38:53.359 --> 01:38:54.239 Regular policy. 1870 01:38:54.560 --> 01:38:57.159 Well, so here's a suggestion for you, Frank, and I 1871 01:38:57.199 --> 01:39:01.039 don't know what your situation is. In my practice, we 1872 01:39:01.159 --> 01:39:05.760 frequently have cases where we have disputes among property damage carriers, 1873 01:39:05.840 --> 01:39:08.399 and we sometimes will use our own carrier to file 1874 01:39:08.479 --> 01:39:12.399 a clean and then let that carrier deal with subrogating 1875 01:39:12.439 --> 01:39:15.039 and going to get repaid from the other side. That's 1876 01:39:15.079 --> 01:39:16.960 an option if you want to talk more about that. 1877 01:39:17.119 --> 01:39:18.960 Hang on until the other side of the break. We 1878 01:39:19.039 --> 01:39:21.520 got to cut to a brake right now. Thanks for 1879 01:39:21.560 --> 01:39:23.399 calling Ken, hang on the line as well. We'll get 1880 01:39:23.399 --> 01:39:24.520 your calls as we get back. 1881 01:39:30.039 --> 01:39:33.319 Go with a sure thing Denver's Best roofer Excel roofing 1882 01:39:33.439 --> 01:39:36.079 dot com. You don't pay a cent until you're content. 1883 01:39:39.439 --> 01:39:42.640 Time for an insurance check up free, no obligation. In comparison, 1884 01:39:42.760 --> 01:39:46.279 call Compass Insurance paying too much your coverage at dozens 1885 01:39:46.319 --> 01:39:49.039 of insurance companies find out now three all three seven 1886 01:39:49.079 --> 01:39:51.439 to seven to one help. You'll think you're his only 1887 01:39:51.520 --> 01:39:54.000 customer when you choose Frank durand the real estate Man 1888 01:39:54.039 --> 01:39:57.479 dot com to list your home with Remax Alliance three 1889 01:39:57.479 --> 01:39:59.560 all three nine two zero sixteen twenty two. 1890 01:40:00.399 --> 01:40:10.239 Yea ripped off news. Didn't need advice, so you don't 1891 01:40:10.279 --> 01:40:13.359 have come running. 1892 01:40:13.399 --> 01:40:15.039 It's just as fast as we can. 1893 01:40:16.319 --> 01:40:18.439 Shooter's gonna help coming. 1894 01:40:19.800 --> 01:40:26.279 This is the Troubleshooter Show now, Tom Martine, Hey. 1895 01:40:26.199 --> 01:40:29.560 Good afternoon. John Fuller here filling in for Tom Martino 1896 01:40:29.640 --> 01:40:33.239 and the Troubleshooter Network. Just to report Tom is doing well. 1897 01:40:33.279 --> 01:40:36.760 He is still in the hospital, but he reports improvement 1898 01:40:36.920 --> 01:40:40.239 every day. I texted him something short and brief and 1899 01:40:40.279 --> 01:40:42.720 it turned into I think thirteen texts this morning in 1900 01:40:42.800 --> 01:40:45.840 about in about ten minutes. So that tells you Tom's 1901 01:40:45.880 --> 01:40:49.760 doing just fine. And we'll be back here in no time. 1902 01:40:49.920 --> 01:40:53.159 So we have been passing along all the well wishes 1903 01:40:53.199 --> 01:40:55.520 and stuff from all the listeners, and we appreciate those. 1904 01:40:55.600 --> 01:40:59.399 So we are here to help you solve problems, take complaints. 1905 01:41:00.079 --> 01:41:02.640 If you've been scammed, if you've been victimized by some 1906 01:41:02.720 --> 01:41:06.760 contractor some company, some insurance company, we are here to 1907 01:41:06.800 --> 01:41:08.680 help you get a hold of us by calling three 1908 01:41:08.840 --> 01:41:12.239 oh three seven one three eight two five five that's 1909 01:41:12.279 --> 01:41:15.359 three O three seven one three talk. You can also 1910 01:41:15.520 --> 01:41:19.680 get to us at uh the three or three Martino, 1911 01:41:19.920 --> 01:41:22.520 So multiple ways to get ahold of us. Call us today. 1912 01:41:22.720 --> 01:41:25.000 We're happy to help. In the studio of today is 1913 01:41:25.039 --> 01:41:28.159 Brad O'Brien with O'Brien Legal Services Bread as a real 1914 01:41:28.239 --> 01:41:32.319 estate attorney with a number of years of experience. We're 1915 01:41:32.399 --> 01:41:36.960 talking today mainly about you know, evictions and what steps 1916 01:41:37.039 --> 01:41:40.000 need to be taken and kind of dealing with some 1917 01:41:40.000 --> 01:41:43.239 horror stories and it's just crazy the requirements that you 1918 01:41:43.319 --> 01:41:46.520 have to go through as a landlord to get somebody 1919 01:41:46.560 --> 01:41:50.520 out of your property. When when something like that happens. 1920 01:41:50.560 --> 01:41:53.920 And so if you've got questions about real estate, your 1921 01:41:53.960 --> 01:41:57.920 rental properties, landlord tenant situations, by all means, get on 1922 01:41:57.920 --> 01:42:00.960 the horn. Now. We've got about an hour to answer 1923 01:42:01.039 --> 01:42:04.680 those questions. But it's a great opportunity to tap into 1924 01:42:04.840 --> 01:42:07.800 brand's expertise and we look for those questions real quick. 1925 01:42:07.840 --> 01:42:09.680 We're going to go to the lines. We have Ken 1926 01:42:09.680 --> 01:42:12.640 with a question about property tax. What is going on 1927 01:42:12.680 --> 01:42:13.399 with you? Ken? 1928 01:42:17.399 --> 01:42:22.920 Yes, I went into Douglas County this morning to pay 1929 01:42:22.960 --> 01:42:26.840 my property taxes. And I realized that yesterday, you know, 1930 01:42:26.880 --> 01:42:29.560 they were due and I couldn't make it. So this 1931 01:42:29.680 --> 01:42:32.479 morning I went in to pay them. It was like 1932 01:42:33.000 --> 01:42:37.239 three hours into the first day, and they charged me. 1933 01:42:37.920 --> 01:42:41.560 They tell me that it's one percent charge. Oh oh, 1934 01:42:41.800 --> 01:42:45.159 they gave me this statue. And I looked up the statue. 1935 01:42:46.239 --> 01:42:51.800 In the eight section, it stipulates if it's received in 1936 01:42:51.920 --> 01:42:58.600 their office within five days, then the date received is 1937 01:42:58.720 --> 01:43:02.760 the do date. And I even spoke to Dave gil 1938 01:43:03.640 --> 01:43:07.840 and he refused to do anythings, said call my legislator. 1939 01:43:08.680 --> 01:43:13.039 Oh that's friendly, Brad. Any advice here. 1940 01:43:13.640 --> 01:43:15.840 I'm not familiar with the statue, but I'm wondering if 1941 01:43:15.920 --> 01:43:18.640 if that's a mail in situation where it's postmark before 1942 01:43:18.680 --> 01:43:20.800 the deadline but then received after the deadline. 1943 01:43:20.880 --> 01:43:22.079 Is that is that how it reads? 1944 01:43:23.760 --> 01:43:29.680 It's it's the statutes three nine dash ten dash one 1945 01:43:29.720 --> 01:43:31.600 oh four point. 1946 01:43:31.159 --> 01:43:35.840 Five three nine dash ten dash one oh four point five. 1947 01:43:37.000 --> 01:43:38.680 Okay, Section eight. 1948 01:43:39.880 --> 01:43:43.760 Okay, I can look it up real quick. Okay, all right, 1949 01:43:43.840 --> 01:43:47.279 so Ken, let's uh, let's give Brad a couple of 1950 01:43:47.319 --> 01:43:51.079 seconds to look that up, and we'll come right back 1951 01:43:51.119 --> 01:43:53.399 and see if we can work through that statute. Okay, 1952 01:43:55.039 --> 01:43:59.279 we have another issue with one of Dimitri's cases that 1953 01:43:59.319 --> 01:44:02.119 we wanted to also get into with Brad. So we're 1954 01:44:02.199 --> 01:44:06.920 going to get a little background on the case from 1955 01:44:07.000 --> 01:44:09.479 Dmitri and then we're going to talk about that at 1956 01:44:09.520 --> 01:44:13.319 some lenk because it's a fascinating issue that has come 1957 01:44:13.439 --> 01:44:15.479 up and there's so many different ways that could go. 1958 01:44:15.920 --> 01:44:17.760 But why don't you give a little bit of background. 1959 01:44:17.760 --> 01:44:22.640 We don't need to go the encyclopedic version of it, 1960 01:44:21.039 --> 01:44:25.920 but just give us a little background on this story 1961 01:44:25.960 --> 01:44:27.119 and we'll go from there. 1962 01:44:27.600 --> 01:44:29.720 John and Brad. A few days ago, lady by the 1963 01:44:29.800 --> 01:44:32.680 name of Haley called us because she and her roommate 1964 01:44:32.720 --> 01:44:36.560 had rented a very expensive apartment downtown and everything went 1965 01:44:36.600 --> 01:44:38.920 well for a while until it no longer was going 1966 01:44:38.960 --> 01:44:41.279 well and they had some kind of a falling out 1967 01:44:42.000 --> 01:44:46.560 the roommate. Apparently, it wasn't very clear from Haley's call 1968 01:44:46.640 --> 01:44:51.000 if the roommate had applied for a protection protection order 1969 01:44:51.319 --> 01:44:55.000 or actually got one. Okay, but that's actually outside the 1970 01:44:55.039 --> 01:44:57.680 scope of what my question was for you yesterday and 1971 01:44:57.720 --> 01:45:00.800 today is for Brad or both of you guys. And 1972 01:45:00.960 --> 01:45:03.880 so the roommate the estranged roommate went to the property 1973 01:45:03.920 --> 01:45:07.680 manager's office at the apartment complex and asked them to 1974 01:45:07.760 --> 01:45:08.560 terminate her. 1975 01:45:08.479 --> 01:45:10.359 Lease, and they did. 1976 01:45:11.000 --> 01:45:13.640 Now that part sounds reasonable to me, But here's the 1977 01:45:13.680 --> 01:45:18.159 part that really bothered me. Now, Haley is stuck with 1978 01:45:18.279 --> 01:45:21.920 a payment for the entire apartment and utilities, and that's 1979 01:45:21.920 --> 01:45:24.720 what the apartment manager had told her. Now, we actually 1980 01:45:24.760 --> 01:45:28.239 called Brad with this a few days ago, and Brad said, oh, yeah, oh, 1981 01:45:28.319 --> 01:45:31.720 you know the leases. You know, you're jointly and severably responsible, 1982 01:45:31.760 --> 01:45:33.960 So she's going to be stuck with it. So that's 1983 01:45:34.000 --> 01:45:37.119 the answer we gave her. But over the next few hours, 1984 01:45:37.279 --> 01:45:40.279 long after the show, it kept bothering me, and it 1985 01:45:40.319 --> 01:45:41.840 took me a while to figure out what I was 1986 01:45:41.880 --> 01:45:45.319 bothered by. I think we made a mistake by looking 1987 01:45:45.359 --> 01:45:48.520 at this issue from the perspective of what does the 1988 01:45:48.640 --> 01:45:52.199 lease say. I think that the perspective should have been 1989 01:45:52.840 --> 01:45:58.319 from the perspective of contractual agreement. And Guys, what I 1990 01:45:58.399 --> 01:46:01.319 came up with in my mind is that before these 1991 01:46:01.399 --> 01:46:05.159 leases were even signed, those three principles had a contract 1992 01:46:05.199 --> 01:46:09.840 among themselves, and that contract to enter into. It's an unwritten, 1993 01:46:10.039 --> 01:46:14.520 unspoken contract. But the contract is this both tenants agree 1994 01:46:14.560 --> 01:46:18.960 to enter into these leases with a property manager contingent 1995 01:46:19.159 --> 01:46:22.720 on each of them entering into this. And so what 1996 01:46:22.880 --> 01:46:27.239 happened at the end is that the principal one, which 1997 01:46:27.319 --> 01:46:30.680 is the landlord, and principal two, which is the estranged roommate, 1998 01:46:31.159 --> 01:46:35.560 got together decided that the roommate is no longer obligated 1999 01:46:35.600 --> 01:46:39.359 to perform her duties under this contract. They, without the 2000 01:46:39.479 --> 01:46:44.520 knowledge or permission of the second the second tenant let 2001 01:46:44.560 --> 01:46:47.079 the first one out of the lease to the financial 2002 01:46:47.119 --> 01:46:51.039 detriment of Hailey. And I said, look, I think in 2003 01:46:51.079 --> 01:46:54.079 my view, the equitable position, the equitable resolution to this 2004 01:46:54.119 --> 01:46:56.800 would be, hey, we let her out, but it shouldn't 2005 01:46:56.840 --> 01:47:00.479 be to Hailey's detriment, and Haley should be allowed to 2006 01:47:00.600 --> 01:47:03.760 pay just her half of the lease all right until 2007 01:47:03.760 --> 01:47:05.199 it runs out, and then they move her out. 2008 01:47:05.399 --> 01:47:10.640 Got it? Yeah, I remember that call. And what I said. 2009 01:47:10.560 --> 01:47:14.920 Is that the tenant who got let out of the 2010 01:47:15.000 --> 01:47:19.319 lease is liable to the remaining tenant only if those 2011 01:47:19.319 --> 01:47:22.319 two tenants had an agreement between each other. And I 2012 01:47:22.359 --> 01:47:25.359 also said that the lease between the tenants and the 2013 01:47:25.439 --> 01:47:28.079 landlord is a is a two way agreement, It's not 2014 01:47:28.119 --> 01:47:29.000 a three way agreement. 2015 01:47:29.199 --> 01:47:30.159 It's a two way agreement. 2016 01:47:30.159 --> 01:47:32.960 You got tenants on one got two tenants on one side, 2017 01:47:32.960 --> 01:47:34.880 and you got a landlord on the other side. And 2018 01:47:35.479 --> 01:47:38.279 nothing in the typical lease has anything between the two 2019 01:47:38.279 --> 01:47:40.720 tenants as far as their duties and obligations to each other. 2020 01:47:40.760 --> 01:47:42.720 So they'd have to have their own separate agreement as 2021 01:47:42.720 --> 01:47:43.520 between the two of them. 2022 01:47:43.640 --> 01:47:46.960 Okay, hold that thought, and let's deal with Kim's issue 2023 01:47:47.000 --> 01:47:48.960 real quick. And then I want to come back to 2024 01:47:49.039 --> 01:47:51.880 that and throw a couple of curve balls in there. 2025 01:47:51.920 --> 01:47:55.159 So what'd you find out on Kim's property texts? Yeah, 2026 01:47:55.159 --> 01:47:55.880 as I suspected. 2027 01:47:55.880 --> 01:48:00.119 The statute he referenced is a talks about when when 2028 01:48:00.119 --> 01:48:03.000 a tax payment is mailed in or sent through a 2029 01:48:03.000 --> 01:48:06.439 common courier like FedEx, and it received, it's received in 2030 01:48:06.479 --> 01:48:10.920 the treasure office after the deadline. Now, this statue talks 2031 01:48:10.960 --> 01:48:12.680 about the situation where there's no postmark. 2032 01:48:13.000 --> 01:48:17.079 So this is a postmark statue. 2033 01:48:17.119 --> 01:48:19.800 If you postmark it by the deadline and the postmark 2034 01:48:19.880 --> 01:48:22.760 shows on the envelope, you're good. But if if somehow 2035 01:48:22.800 --> 01:48:24.720 a postmark is not put on a fixed on that 2036 01:48:24.960 --> 01:48:27.159 envelope and it's received after the deadline, then there's this 2037 01:48:27.239 --> 01:48:30.279 five day grace where if it's received within by May fifth, 2038 01:48:31.319 --> 01:48:34.840 when the deadline was April thirtieth, the Treasure's office will 2039 01:48:34.840 --> 01:48:36.960 be all deemed it on time day six and on. 2040 01:48:37.159 --> 01:48:39.680 They have to use the date of actual receipt as 2041 01:48:39.720 --> 01:48:45.279 the as the date it was received. So so this caller, 2042 01:48:45.319 --> 01:48:48.760 when he walked in the payment a day late, doesn't 2043 01:48:48.760 --> 01:48:49.960 get the benefit of the statute. 2044 01:48:50.000 --> 01:48:52.359 It's just straight late. Yeah, because the statute is only 2045 01:48:52.600 --> 01:48:56.079 late really wouldn't matter. It's just as late. It's only 2046 01:48:56.119 --> 01:48:58.840 for mailing in that get arrives after the deadline. That 2047 01:48:59.079 --> 01:49:03.159 pretty much what they too told you there, Ken, I'm okay? 2048 01:49:04.039 --> 01:49:05.399 Is that pretty much what they told you? 2049 01:49:05.520 --> 01:49:09.640 Well, they told me that he couldn't do anything to 2050 01:49:09.640 --> 01:49:13.479 call my legislator. Yeah, oh, I just think you know, 2051 01:49:13.560 --> 01:49:16.000 three hours and twenty minutes into the first day. 2052 01:49:16.359 --> 01:49:17.560 Yeah, that it says. 2053 01:49:18.359 --> 01:49:24.319 The way I read the statue was if it wasn't postmarked, 2054 01:49:25.319 --> 01:49:27.720 if it didn't have a postmark on it, but it 2055 01:49:27.800 --> 01:49:32.720 was received within less than five days, that they need 2056 01:49:32.720 --> 01:49:35.479 to claim the due date as the day it was received. 2057 01:49:38.199 --> 01:49:40.640 No, no, they'll they'll deem it on time if it 2058 01:49:40.720 --> 01:49:41.800 is within five days. 2059 01:49:42.319 --> 01:49:44.439 But that's not you walked in the payment. But that's 2060 01:49:44.479 --> 01:49:47.880 only if it arrives by mail, right, yes, with no postmark. 2061 01:49:47.920 --> 01:49:49.720 So it just happened to not have a postmark, but 2062 01:49:49.800 --> 01:49:52.600 it came in with the mailman. So you should have 2063 01:49:52.840 --> 01:49:55.079 ran down the mailman and tucked it in his bag. 2064 01:49:55.239 --> 01:49:57.960 But when you just walked it in there yourself, you 2065 01:49:58.359 --> 01:50:00.520 couldn't avail yourself of that part of the rule. 2066 01:50:03.359 --> 01:50:06.399 Well, what's the definition of a common carrier? If I 2067 01:50:06.479 --> 01:50:07.359 carried it in there? 2068 01:50:07.600 --> 01:50:07.760 Oh? 2069 01:50:07.840 --> 01:50:08.119 Common? 2070 01:50:08.479 --> 01:50:11.039 A common carrier is a well defined term that would 2071 01:50:11.079 --> 01:50:15.199 be like ups, fed Ex, DHL, flying tigers. 2072 01:50:15.359 --> 01:50:17.640 Are you in the business of carrying people's mail? 2073 01:50:18.960 --> 01:50:21.319 No, No, I'm in the truck and business. 2074 01:50:21.640 --> 01:50:26.399 Oh did you bring this in in your truck in 2075 01:50:26.399 --> 01:50:27.279 the back of your truck? 2076 01:50:28.840 --> 01:50:32.000 And that and that check that I paid them with 2077 01:50:32.119 --> 01:50:33.199 is in a trucking check? 2078 01:50:34.279 --> 01:50:37.319 Well, I don't think the party making the payment really 2079 01:50:37.479 --> 01:50:40.840 invokes the exception to the rule or makes it. 2080 01:50:41.039 --> 01:50:44.159 You know, County treasurers have no flexibility. They have to 2081 01:50:44.720 --> 01:50:46.920 they have if something is a minute late, they are 2082 01:50:46.920 --> 01:50:51.239 required to propose. If they have no flexibility or discretion 2083 01:50:51.359 --> 01:50:53.079 to say oh close enough. 2084 01:50:53.079 --> 01:50:55.640 Yeah, they have to follow the statue. Yeah, I agree. 2085 01:50:55.760 --> 01:50:59.399 Sorry, not the money, it's not the money at all. 2086 01:50:59.479 --> 01:51:02.840 It's just you know, I like I say, we're talking 2087 01:51:03.000 --> 01:51:04.760 three hours and twenty minutes. 2088 01:51:05.159 --> 01:51:08.479 Well it's a day and three hours and twenty minutes. 2089 01:51:08.520 --> 01:51:12.079 I mean, listen, Ken, you're preaching to the choir. I 2090 01:51:12.119 --> 01:51:14.680 wish there was an exception, and that seems close enough 2091 01:51:14.680 --> 01:51:17.960 to me, But the reality is those guys at the 2092 01:51:17.960 --> 01:51:21.880 clerk's office they don't have the legal latitude to make 2093 01:51:21.920 --> 01:51:25.199 an exception. They just don't. I mean, it's not within 2094 01:51:25.239 --> 01:51:27.159 their power to say. That's why they told you to 2095 01:51:27.720 --> 01:51:30.520 go see the legislature, because that's who wrote the laws. 2096 01:51:31.239 --> 01:51:33.760 Once they were written and once they were imposed on them, 2097 01:51:33.840 --> 01:51:37.720 they have no latitude of doing it differently. So I 2098 01:51:37.760 --> 01:51:39.960 wish I had a different answer for you, But I'm sorry. 2099 01:51:40.039 --> 01:51:42.680 Late is late from their perspective, and there's just not 2100 01:51:42.760 --> 01:51:46.680 a heck of a lot that we can do. Thank you, 2101 01:51:47.119 --> 01:51:49.880 Thank you for listening. We appreciate it. All right, So 2102 01:51:50.079 --> 01:51:52.600 now back to Dimitri's call. Actually, we're going to go 2103 01:51:52.680 --> 01:51:54.159 to one real quick break and then we're going to 2104 01:51:54.239 --> 01:51:58.960 come back and dive headfirst into this least situation and 2105 01:51:59.000 --> 01:52:00.000 see if there's a way to four it. 2106 01:52:00.159 --> 01:52:09.399 Out go with a sure thing Denver's Best roofer Excel 2107 01:52:09.520 --> 01:52:10.560 Roofing dot com. 2108 01:52:10.560 --> 01:52:12.600 You don't pay a cent until you're content. 2109 01:52:15.960 --> 01:52:19.520 Time for an insurance checkup free, no obligation comparison call 2110 01:52:19.640 --> 01:52:22.960 Compass Insurance paying too much your coverage at dozens of 2111 01:52:22.960 --> 01:52:25.640 insurance companies find out now three O three seven to 2112 01:52:25.680 --> 01:52:28.520 seven to one help. You'll think you're his only customer 2113 01:52:28.560 --> 01:52:30.800 when you choose Frank durand the real estate Man dot 2114 01:52:30.840 --> 01:52:34.119 com to list your home with Remax Alliance three oh 2115 01:52:34.199 --> 01:52:47.399 three nine two zero sixteen twenty two. 2116 01:52:48.399 --> 01:52:51.560 All right, good afternoon, John Fuller here for the Troubleshooter Network. 2117 01:52:52.000 --> 01:52:55.479 We are having a lovely discussion about a bunch of 2118 01:52:55.560 --> 01:53:00.239 crazy different topics, but nonetheless we're back focused on task here, 2119 01:53:00.279 --> 01:53:03.520 and our task is to help you with all of 2120 01:53:03.560 --> 01:53:06.439 your problems. So, if you've been a live to cheated, 2121 01:53:07.239 --> 01:53:10.600 scammed by somebody, we are here to help you. Give 2122 01:53:10.680 --> 01:53:12.479 us a call it three O three seven one three 2123 01:53:12.520 --> 01:53:15.560 eight two five five. In the studio today we have 2124 01:53:15.680 --> 01:53:20.199 Brad O'Brien who is a real estate attorney with O'Brien 2125 01:53:20.279 --> 01:53:23.319 Legal Services, and Brad has quite a bit of experience 2126 01:53:24.359 --> 01:53:27.760 in dealing with these issues. And so we were talking 2127 01:53:27.760 --> 01:53:33.000 about Dimitri's case before the break and just to recap uh, 2128 01:53:33.319 --> 01:53:36.960 we had two young ladies I believe that were parties 2129 01:53:37.000 --> 01:53:42.560 to a rental contract for an apartment. There was a 2130 01:53:42.640 --> 01:53:47.000 falling out between them. One apparently applied for and maybe 2131 01:53:47.039 --> 01:53:50.880 even secured a restraining order against the other. One approached 2132 01:53:50.920 --> 01:53:54.479 the landlord and was allowed to be let off of 2133 01:53:54.560 --> 01:53:58.239 the lease. And so with that she you know, she 2134 01:53:58.399 --> 01:54:00.960 gave up her right to possess the property, but the 2135 01:54:01.039 --> 01:54:04.720 landlord also gave up the right to go after her 2136 01:54:04.920 --> 01:54:08.920 for non payment of rent or for any damages and 2137 01:54:09.000 --> 01:54:12.479 stuff that might have occurred following that tenancy, and left 2138 01:54:12.560 --> 01:54:16.319 the remaining tenant stuck with the entirety of the obligation 2139 01:54:17.039 --> 01:54:21.239 and the entirety of the responsibility for the you know, 2140 01:54:21.239 --> 01:54:26.600 any damages or whatnot. And so if I understand your position, 2141 01:54:27.239 --> 01:54:31.439 you see no issue with that? Is that? Is that fine? 2142 01:54:32.119 --> 01:54:34.880 The remaining tenant can recover from the tenant who got 2143 01:54:34.920 --> 01:54:36.960 let off only if those two tenants had an agreement 2144 01:54:36.960 --> 01:54:40.960 between them as far as contribution and covering each of 2145 01:54:41.000 --> 01:54:41.840 their How. 2146 01:54:41.760 --> 01:54:45.560 Is there both their joint signatures as responsible parties on 2147 01:54:45.600 --> 01:54:49.640 this lease, not an implied agreement between them to be 2148 01:54:49.760 --> 01:54:52.880 jointly responsible for what damages may flow. 2149 01:54:53.960 --> 01:54:57.079 Well, that that lease agreement where the two tenants sign 2150 01:54:57.239 --> 01:54:59.840 is undoubtedly going to say that the two tenants are 2151 01:55:00.000 --> 01:55:02.159 gently and severally liable for the rent. That means each 2152 01:55:02.199 --> 01:55:06.079 of them is independently responsible for all of the rent. Right, 2153 01:55:06.199 --> 01:55:08.199 Nothing in there is implied to say that that that 2154 01:55:08.760 --> 01:55:11.159 the one tenant that has to reverse the other tenant. 2155 01:55:12.920 --> 01:55:17.159 I know, but they're jointly and severally liable. They probably 2156 01:55:17.960 --> 01:55:22.720 severally applied for you know, the the the apartment or 2157 01:55:22.760 --> 01:55:24.840 the condo or whatever. They both had to fill out 2158 01:55:24.880 --> 01:55:28.520 an application. I mean, it seems to me that and 2159 01:55:28.680 --> 01:55:31.279 and listen, I get why the landlord let them off. 2160 01:55:31.319 --> 01:55:34.880 I mean that same warranty of habitability deals with like 2161 01:55:35.119 --> 01:55:38.119 domestic violence and abuse situations, and it gives a clear 2162 01:55:38.159 --> 01:55:40.760 path to a landlord to say, we're not going to 2163 01:55:40.840 --> 01:55:43.640 force you to go back into an abusive situation. And 2164 01:55:43.680 --> 01:55:47.039 so I understand the landlord letting them off, But I 2165 01:55:47.079 --> 01:55:52.039 don't understand how them letting off one party, a unilateral 2166 01:55:52.119 --> 01:55:55.359 move to let one half of this person get off 2167 01:55:55.399 --> 01:55:59.479 of the lease, doesn't impliedly cancel the whole thing because 2168 01:55:59.520 --> 01:56:03.720 it's a it's a unilateral modification of the agreement without 2169 01:56:03.960 --> 01:56:06.479 the consent of the other party to the contract. 2170 01:56:06.479 --> 01:56:10.239 Well, if both tents are one hundred percent each separately 2171 01:56:10.279 --> 01:56:13.079 liable for the rent from the day one, then the 2172 01:56:13.159 --> 01:56:15.960 landlord letting one of the tenants out does not increase 2173 01:56:16.000 --> 01:56:19.319 the liability on the remaining tenant. The tennis has the 2174 01:56:19.319 --> 01:56:20.800 same liability as they did before. 2175 01:56:21.960 --> 01:56:25.159 But how do they forego their rights as a party 2176 01:56:25.199 --> 01:56:28.279 to that contract not to suffer the effect of a 2177 01:56:28.399 --> 01:56:32.720 unilateral modification. I mean, she didn't get to consent to 2178 01:56:32.760 --> 01:56:38.319 the modification. How how can the landlord do that and 2179 01:56:38.399 --> 01:56:43.119 change that overall position and say I decided to let 2180 01:56:43.119 --> 01:56:46.359 her off, You're responsible for everything now, yeah, I think 2181 01:56:46.359 --> 01:56:49.800 that's the discretion the landlord has. Do you support have 2182 01:56:49.800 --> 01:56:50.600 anything to do with that? 2183 01:56:52.079 --> 01:56:55.600 Well, that's why it makes sense for a tense to 2184 01:56:55.640 --> 01:56:57.760 have a written agreement between the two of them separate 2185 01:56:57.800 --> 01:57:01.439 from the lease that talks about their rights to each other. 2186 01:57:03.720 --> 01:57:07.439 It's a cohabitation agreement which I can prepare so you 2187 01:57:07.479 --> 01:57:10.079 don't feel that joint and several liability under the lease 2188 01:57:10.319 --> 01:57:14.199 gives the one tenant any rights to go after the 2189 01:57:14.239 --> 01:57:15.039 other tenant to. 2190 01:57:15.079 --> 01:57:17.560 Enforce that, I don't think. So maybe there's some case 2191 01:57:17.600 --> 01:57:19.359 law on that. I'm not aware of it, but I 2192 01:57:19.359 --> 01:57:23.960 haven't researched it. Be there, Yeah, I don't know. 2193 01:57:24.079 --> 01:57:27.800 It just seems to me that that, And you know, 2194 01:57:28.000 --> 01:57:30.319 I'm not a real estate attorney, but if I were 2195 01:57:31.039 --> 01:57:36.000 playing one on TV, my position would be that I 2196 01:57:36.520 --> 01:57:42.000 understand and even support them letting that tenant out. I 2197 01:57:42.000 --> 01:57:46.159 think the law supports that, but that modification in effect 2198 01:57:46.239 --> 01:57:48.399 is a breach of the overall agreement, and you can't 2199 01:57:48.399 --> 01:57:52.119 do that and impose that modification on the other party 2200 01:57:52.399 --> 01:57:55.439 without her consent to it. Maybe I'm wrong about that, 2201 01:57:55.560 --> 01:57:59.720 but that would be my take on the overall situation. 2202 01:58:00.159 --> 01:58:02.600 If it might be the case where the two tenants, 2203 01:58:02.640 --> 01:58:04.640 before they ever signed the least for the landlord said 2204 01:58:04.680 --> 01:58:07.000 between the two of them, or one of them said, hey, 2205 01:58:07.000 --> 01:58:09.760 will you go on this lease with me, and let's 2206 01:58:09.800 --> 01:58:12.039 READI split at fifty to fifty, that would be an 2207 01:58:12.079 --> 01:58:14.359 independent agreement between the two of them, even if it's 2208 01:58:14.359 --> 01:58:17.399 not in writing, which could be enforceable. So the remaining 2209 01:58:17.439 --> 01:58:20.800 tenant could seek a contribution through a court action against 2210 01:58:20.840 --> 01:58:25.960 the departed tenant for the half that they agreed to expressly, 2211 01:58:26.039 --> 01:58:28.039 but not in writing before the lease was signed. 2212 01:58:28.439 --> 01:58:31.800 So what if that tenant took the position that I 2213 01:58:31.880 --> 01:58:34.479 believe this contract has now been breached and I have 2214 01:58:34.600 --> 01:58:37.039 no remedy but to move out. I can't afford to 2215 01:58:37.079 --> 01:58:40.159 pay the entirety of the rent. I think it's been breached. 2216 01:58:40.159 --> 01:58:42.760 I'm out of here, and the ladlord comes knocking on 2217 01:58:42.800 --> 01:58:44.960 the door. Would that tenant still be able to sue 2218 01:58:44.960 --> 01:58:47.079 the other one for contribution under that? 2219 01:58:47.159 --> 01:58:47.319 Oh? 2220 01:58:47.359 --> 01:58:50.560 Yeah, full agreement. Sure, it's a separate agreement, right, yep. 2221 01:58:51.720 --> 01:58:56.239 What possibility can you imagine that that suing that other 2222 01:58:56.319 --> 01:59:00.479 tenant could be construed as a violation of the restraint order? 2223 01:59:03.000 --> 01:59:05.479 Oh there's a restraining order here? Okay. 2224 01:59:05.680 --> 01:59:08.560 If the restraining order is about physical distance between I 2225 01:59:08.560 --> 01:59:11.520 don't think it restrains someone from suing somebody in court. Well, 2226 01:59:11.640 --> 01:59:13.239 as a matter of fact, that's the exception where if 2227 01:59:13.239 --> 01:59:15.079 there's a restraining order, you can actually be in the 2228 01:59:15.079 --> 01:59:16.840 same room with them, if it's the court room where 2229 01:59:16.840 --> 01:59:18.920 you are required to be appearing. 2230 01:59:18.960 --> 01:59:21.520 But if it says you shall not harass, molest, intimidate, 2231 01:59:21.600 --> 01:59:24.439 or I forget the actual language of the restraining orders, 2232 01:59:24.560 --> 01:59:28.920 could could somebody interpret that as being over that line. No, 2233 01:59:29.079 --> 01:59:29.840 I don't think so. 2234 01:59:30.159 --> 01:59:34.119 I think commencing a court action is not, uh is 2235 01:59:34.159 --> 01:59:36.640 not going to be deemed harassment. I mean, that's why 2236 01:59:36.640 --> 01:59:39.439 they call it legal extortion, because you can extort somebody 2237 01:59:39.640 --> 01:59:42.279 through a court action where you couldn't do it anywhere else. 2238 01:59:42.680 --> 01:59:46.800 Right, you know, that's pretty fascinating. I mean, that's that's 2239 01:59:46.840 --> 01:59:49.880 an interesting case. Is what is the land what is 2240 01:59:49.880 --> 01:59:52.039 the tenet that's staying? Is she doing is she trying 2241 01:59:52.079 --> 01:59:55.159 to get another roommate to help to help that situation, 2242 01:59:55.319 --> 01:59:56.199 or what is she doing here? 2243 01:59:56.359 --> 01:59:59.239 You know, she didn't address that topic specifically, but she 2244 01:59:59.319 --> 02:00:03.640 said the least expiring in June anyway, But she's looking 2245 02:00:03.680 --> 02:00:05.600 down the barrel of a couple of months worth of 2246 02:00:05.600 --> 02:00:08.800 three thousand dollars plus payments, and that's going to put 2247 02:00:08.800 --> 02:00:12.319 her in serious financial straits, you know, especially since she 2248 02:00:12.399 --> 02:00:14.359 needs to rent another apartment and come up with a 2249 02:00:14.399 --> 02:00:16.960 deposit and probably at a higher cost now because she's 2250 02:00:17.000 --> 02:00:18.760 by her she's alone now, right. 2251 02:00:19.720 --> 02:00:21.960 Oh and the restraining order between the two tenants, the 2252 02:00:22.039 --> 02:00:24.640 landlord has no part of that. They're not responsible for 2253 02:00:24.640 --> 02:00:25.479 that happening. 2254 02:00:25.600 --> 02:00:29.359 Absolutely not. But I think the landlord is using that 2255 02:00:29.439 --> 02:00:33.640 as cover to justify them letting her out of the lease. 2256 02:00:33.920 --> 02:00:36.520 And I support that. I mean the warranty of habitability 2257 02:00:36.560 --> 02:00:41.520 Loves in Colorado specifically say yes, you can do that, 2258 02:00:41.600 --> 02:00:44.279 and it's a defense to any challenge to that. So 2259 02:00:44.399 --> 02:00:47.600 I think the landlord is one hundred percent right for 2260 02:00:48.159 --> 02:00:51.960 doing that. So real quickly, we've got a question online 2261 02:00:52.000 --> 02:00:55.199 from or a caller online from Glenn. Glenn, what is 2262 02:00:55.279 --> 02:00:57.479 going on with you? 2263 02:00:57.479 --> 02:01:02.920 You got a quick question? Maybe what is defined as 2264 02:01:02.960 --> 02:01:06.720 an asset that you could come after somebody for? 2265 02:01:07.840 --> 02:01:08.880 Like we've been. 2266 02:01:08.720 --> 02:01:13.399 Talking about their houses, their cars, cash, What about iras 2267 02:01:13.439 --> 02:01:16.960 and a para account? Are those open for? 2268 02:01:18.000 --> 02:01:19.840 That's a great question, but I got to ask you 2269 02:01:19.840 --> 02:01:21.720 a couple questions to give you a good answer. Hang 2270 02:01:21.760 --> 02:01:24.159 on the line here, we'll be right back after this break. 2271 02:01:29.279 --> 02:01:32.560 Go with a sure thing Denver's Best roofer Excel roofing 2272 02:01:32.640 --> 02:01:33.239 dot com. 2273 02:01:33.279 --> 02:01:35.319 You don't pay a cent until you're content. 2274 02:01:38.680 --> 02:01:42.239 Time for an insurance checkup, free no obligation comparison call 2275 02:01:42.319 --> 02:01:45.640 Compass insurance paying too much your coverage at dozens of 2276 02:01:45.680 --> 02:01:48.319 insurance companies find out now three O three, seven to 2277 02:01:48.399 --> 02:01:51.199 seven to one. Help you'll think you're his only customer 2278 02:01:51.239 --> 02:01:53.479 when you choose Frank durand the real estate man dot 2279 02:01:53.520 --> 02:01:57.039 com to list your home with Remax Alliance three three 2280 02:01:57.119 --> 02:01:58.960 nine two zero sixteen twenty. 2281 02:01:58.640 --> 02:02:13.239 Two mm hm, all right, good afternoon, Good afternoon, John 2282 02:02:13.279 --> 02:02:16.239 Fuller here for the Troubleshooter Network. We are getting close 2283 02:02:16.319 --> 02:02:19.560 to the end of this and we are working through 2284 02:02:20.000 --> 02:02:23.560 a whole bunch of other issues. Glenn was on the 2285 02:02:23.600 --> 02:02:26.199 line with a great question and and Glenn, I need 2286 02:02:26.199 --> 02:02:29.520 to know a little bit more information about like where 2287 02:02:29.520 --> 02:02:32.840 would this judgment come from that that you're seeking to 2288 02:02:32.920 --> 02:02:36.399 shield assets from. Are we talking about as a result 2289 02:02:36.479 --> 02:02:39.239 of like a car accident or in a bankruptcy or 2290 02:02:39.239 --> 02:02:41.479 in a contract action? To give me a little bit 2291 02:02:41.479 --> 02:02:43.479 more about the context of your question. 2292 02:02:44.920 --> 02:02:48.239 Yeah, just I'm in the after yesterday. I'm starting to 2293 02:02:48.319 --> 02:02:50.960 kick around the idea of an umbrella policy, et cetera. 2294 02:02:52.039 --> 02:02:55.920 So more from the you know, the auto got you 2295 02:02:56.319 --> 02:03:00.520 insurance aspect of you know, kind of seeing whereas what 2296 02:03:00.640 --> 02:03:03.319 the total you know, the total value I'm at absolutely 2297 02:03:03.520 --> 02:03:05.800 can they come after this huge pair of account you know? 2298 02:03:06.079 --> 02:03:09.079 Yeah, no, that's that's great. Thanks for clearing that up. So, 2299 02:03:09.079 --> 02:03:12.279 so here's basically the way it works. You know, when 2300 02:03:12.319 --> 02:03:15.319 you cause an accident, and when you cause somebody damages, 2301 02:03:15.600 --> 02:03:17.800 you know, ultimately they would have the right to go 2302 02:03:17.920 --> 02:03:20.640 to a jury trial and have a jury decide what 2303 02:03:20.720 --> 02:03:24.720 the totality of those damages are. And let's just say 2304 02:03:24.760 --> 02:03:27.960 that those damages exceeded the amount of insurance that you 2305 02:03:28.079 --> 02:03:31.119 had and for some reason the insurance didn't pony it 2306 02:03:31.239 --> 02:03:33.760 up and you didn't get a settlement, and they're actually 2307 02:03:33.760 --> 02:03:36.520 coming on, you know, and knocking on your door trying 2308 02:03:36.560 --> 02:03:41.680 to collect on this judgment. So at that point, you know, 2309 02:03:42.159 --> 02:03:44.920 there are certain assets that are protected and there are 2310 02:03:44.960 --> 02:03:47.560 those that are not. So so the worst thing to 2311 02:03:47.600 --> 02:03:51.720 have is unencumbered assets of you know, real estate out 2312 02:03:51.720 --> 02:03:55.079 there other than your primary home. There is some some 2313 02:03:55.239 --> 02:03:58.600 homestead protection for your primary home, but it only goes 2314 02:03:58.680 --> 02:04:00.840 up to a certain level. I would probably know what 2315 02:04:00.920 --> 02:04:05.000 that level is. The homestead exemption is two hundred and 2316 02:04:05.000 --> 02:04:09.039 fifty thousand dollars of equity okay if unless you're sixty 2317 02:04:09.079 --> 02:04:12.560 year older or disabled, and three fifty three fifty okay. 2318 02:04:12.359 --> 02:04:14.680 So what that basically means is, if you have a 2319 02:04:14.720 --> 02:04:17.479 million dollar free and clear home, you can you can 2320 02:04:17.520 --> 02:04:20.560 shield up to three hundred and fifty thousand dollars of 2321 02:04:20.600 --> 02:04:24.239 that if you're over that age, but you can't shield 2322 02:04:24.319 --> 02:04:27.000 the balance of it, and so it still can effectively 2323 02:04:27.520 --> 02:04:30.880 result in you having to sell that asset to satisfy 2324 02:04:30.920 --> 02:04:33.720 that judgment. It's just that the first three hundred and 2325 02:04:33.760 --> 02:04:36.920 fifty thousand dollars of that of the proceeds would be 2326 02:04:37.000 --> 02:04:38.920 protected and you would be able to shield those from 2327 02:04:38.960 --> 02:04:43.159 the creditor. As far as other property goes, like tools 2328 02:04:43.159 --> 02:04:46.359 and vehicles and stuff, I mean, there are certain you know, 2329 02:04:47.600 --> 02:04:50.119 most of these exemptions are found in bankruptcy law, but 2330 02:04:50.159 --> 02:04:56.119 they kind of flow over into debt collection laws as well, 2331 02:04:56.159 --> 02:04:59.279 and so there are exemptions safe for tools that you 2332 02:04:59.359 --> 02:05:02.359 use in your feshion and stuff like that. Your retirement 2333 02:05:02.399 --> 02:05:06.800 accounts are largely going to be exempt from collection from 2334 02:05:06.840 --> 02:05:10.520 a creditor. But the better course of action, Glenn, is 2335 02:05:10.600 --> 02:05:14.600 really to to just buy the insurance. I mean, it's 2336 02:05:14.680 --> 02:05:18.119 so cheap to have enough insurance and that umbrella. After 2337 02:05:18.159 --> 02:05:20.319 you have the state minimum or the minimum that they 2338 02:05:20.359 --> 02:05:23.239 require for umbrellas, which for most carriers are like two 2339 02:05:23.279 --> 02:05:27.199 hundred and fifty thousand dollars, that next step of getting 2340 02:05:27.199 --> 02:05:30.880 an umbrella is generally fairly cheap. But again, if you 2341 02:05:30.960 --> 02:05:33.800 heard me say anything yesterday at all, the main reason 2342 02:05:33.840 --> 02:05:36.720 that I have an umbrella is so it opens the 2343 02:05:36.760 --> 02:05:40.239 door to me getting more uninsured coverage to protect me 2344 02:05:40.359 --> 02:05:42.840 and my family. Because all the liability in the world 2345 02:05:43.319 --> 02:05:47.359 only protects you against somebody that you hurt, and the 2346 02:05:47.359 --> 02:05:50.119 more important people to take care of from my perspective 2347 02:05:50.199 --> 02:05:53.159 is myself and my family. And that's where the uninsured 2348 02:05:53.199 --> 02:05:56.720 motorists and the great medical payments coverage and stuff come in. 2349 02:05:57.239 --> 02:05:59.960 And that's just the extra benefit of getting that umbrella 2350 02:06:00.319 --> 02:06:03.079 is it opens the door to the possibility of buying 2351 02:06:03.079 --> 02:06:05.880 that extra uninsured motorist. Does that make sense. 2352 02:06:07.399 --> 02:06:13.520 Pretty much? Yeah, it's good to know. So the umbrella 2353 02:06:13.720 --> 02:06:17.760 for my protection, as you said, that would help cover 2354 02:06:17.840 --> 02:06:20.199 an uninsured motorsors that can have to be added to it. 2355 02:06:20.239 --> 02:06:24.359 Also, so most umbrellas are just an extension of your 2356 02:06:24.479 --> 02:06:28.600 liability coverage. Okay, So the liability is that coverage that 2357 02:06:28.640 --> 02:06:33.960 you have that is solely meant to compensate some other 2358 02:06:34.079 --> 02:06:38.920 person that you cause damages too. It's not generally you know, 2359 02:06:39.239 --> 02:06:42.279 property damage, that's a separate line item that's covered in 2360 02:06:42.319 --> 02:06:45.920 your policy. It's really for you know, the economic and 2361 02:06:46.000 --> 02:06:49.600 non economic damages that flowed from the accident that you caused. 2362 02:06:50.199 --> 02:06:53.520 The state minimum liability is twenty five thousand. That is 2363 02:06:53.560 --> 02:06:57.159 an abysmally low number that I wouldn't recommend that anybody have. 2364 02:06:58.279 --> 02:07:02.800 But as you begin to go the ladder of liability coverage, 2365 02:07:03.119 --> 02:07:06.439 you know they're at a certain point you become eligible 2366 02:07:06.479 --> 02:07:09.279 to buy umbrellas. Most carriers expect you to have two 2367 02:07:09.319 --> 02:07:12.279 fifty to five hundred, meaning two fifty per person and 2368 02:07:12.439 --> 02:07:15.279 up to five hundred per accident before you're allowed to 2369 02:07:15.279 --> 02:07:17.920 buy an umbrella. And that's why umbrellas are pretty cheap, 2370 02:07:17.960 --> 02:07:21.800 because you know ninety percent of accidents, maybe even more 2371 02:07:21.800 --> 02:07:24.359 than that, won't come close to going over that two 2372 02:07:24.479 --> 02:07:27.720 fifty or five hundred thousand dollars threshold. So the likelihood 2373 02:07:27.720 --> 02:07:31.039 that a carrier actually gets tapped for that million dollars 2374 02:07:31.079 --> 02:07:34.800 of liability is fairly low. So it's a pretty cheap 2375 02:07:34.840 --> 02:07:37.560 coverage for them to sell to you. But once you 2376 02:07:37.640 --> 02:07:42.960 get that umbrella policy, you're right, it does not automatically 2377 02:07:43.199 --> 02:07:47.399 impact your your uninsured motorist coverage at all. There are 2378 02:07:47.439 --> 02:07:51.359 no umbrella policies that I'm aware of that automatically extend 2379 02:07:51.880 --> 02:07:55.840 uninsured motorist coverage when they extend your liability limits. That's 2380 02:07:55.840 --> 02:08:01.439 something that requires a separate endorsement or writer they sometimes 2381 02:08:01.479 --> 02:08:05.079 call them. It's just a separate add on provision that 2382 02:08:05.119 --> 02:08:07.720 you have to pay for. But it's not that much. 2383 02:08:07.800 --> 02:08:10.600 I mean, I think in my umbrella, adding the UM 2384 02:08:10.840 --> 02:08:13.399 was maybe another one hundred bucks a year or something. 2385 02:08:13.960 --> 02:08:16.640 Not even that much actually, but it's a lot. It's 2386 02:08:16.680 --> 02:08:19.520 a big umbrella because I've got a really big UM 2387 02:08:19.560 --> 02:08:23.359 policy on my coverage. So make sure when you do that. 2388 02:08:23.960 --> 02:08:26.640 If you listen to Dan yesterday, he told you that 2389 02:08:26.800 --> 02:08:29.880 a number of carriers don't offer those writers, but a 2390 02:08:29.960 --> 02:08:33.159 number of them do, and sometimes it's the specialty lines. 2391 02:08:33.640 --> 02:08:37.000 And if your carrier doesn't offer that additional UM writer, 2392 02:08:37.640 --> 02:08:40.399 find one that does. Call somebody like Dan mahoney that 2393 02:08:40.439 --> 02:08:43.039 can look up all these different carriers and find one 2394 02:08:43.079 --> 02:08:44.079 that offers that for you. 2395 02:08:44.239 --> 02:08:46.800 All right, Glenn, good stuff, thank you. 2396 02:08:46.840 --> 02:08:48.840 All right, thank you for the call. We appreciate it. 2397 02:08:48.840 --> 02:08:51.159 We're going to go to our another break here. We'll 2398 02:08:51.199 --> 02:08:52.520 be right back with more information. 2399 02:08:52.720 --> 02:08:55.920 Go with a sure thing Denver's Best Roofer excel roofing 2400 02:08:56.039 --> 02:08:58.640 dot com. You don't pay a cent until you're content, 2401 02:09:00.319 --> 02:09:05.239 leave time for an insurance checkup free no obligation comparison 2402 02:09:05.359 --> 02:09:08.920 call Compass Insurance. Pay too much your coverage at dozens 2403 02:09:08.960 --> 02:09:11.680 of insurance companies find out now three all three, seven 2404 02:09:11.680 --> 02:09:14.039 to seven to one help. You'll think you're his only 2405 02:09:14.119 --> 02:09:16.600 customer when you choose Frank durand the real estate man 2406 02:09:16.640 --> 02:09:20.039 dot com to list your home with Remax Alliance three 2407 02:09:20.119 --> 02:09:42.600 oh three nine two zero sixteen twenty two. 2408 02:09:34.920 --> 02:09:36.760 Shooter Network. We were getting close to the end of 2409 02:09:36.840 --> 02:09:41.760 day and our discussion has turned to car cases and 2410 02:09:42.840 --> 02:09:44.880 values and all that kind of stuff, and I'm going 2411 02:09:44.920 --> 02:09:46.560 to kind of just go off on a little bit 2412 02:09:46.560 --> 02:09:48.800 of a ran about that. Before we get to that, 2413 02:09:48.920 --> 02:09:51.279 I'm going to take the last caller on the line 2414 02:09:51.279 --> 02:09:54.079 that we have here at the moment, which is Jackie. 2415 02:09:54.119 --> 02:09:55.600 That's not to say don't call in if you have 2416 02:09:55.640 --> 02:09:57.520 an issue. Seven one, three, eight two five y five 2417 02:09:57.640 --> 02:10:00.960 is a number area code three oh three. Jackie, you 2418 02:10:00.960 --> 02:10:03.279 have a story on eviction. Tell me what your story is. 2419 02:10:03.399 --> 02:10:05.239 Glad to hear it. 2420 02:10:05.239 --> 02:10:08.159 It's just kind of a funny story about twenty years ago. 2421 02:10:08.600 --> 02:10:11.359 I had to evict somebody from a third floor unit 2422 02:10:11.439 --> 02:10:14.640 in an apartment complex and I don't remember how the 2423 02:10:14.720 --> 02:10:17.600 tenants knew the date that the sheriff was coming out, 2424 02:10:18.039 --> 02:10:21.199 but they let my guys that I was paying for. 2425 02:10:21.560 --> 02:10:24.680 They let my guys take everything down from the third 2426 02:10:24.720 --> 02:10:27.439 floor down to the curb, and then they were waiting 2427 02:10:27.439 --> 02:10:29.159 there at the curb to pick up their stuff. 2428 02:10:29.880 --> 02:10:32.920 Nice. I like it. Yeah, that's kind of like the 2429 02:10:32.960 --> 02:10:35.359 old story about you know, when you're out hunting in 2430 02:10:35.359 --> 02:10:37.920 the woods and this guy shot a big elk way 2431 02:10:38.000 --> 02:10:40.239 back in the woods and stuff, and he's I mean, 2432 02:10:40.239 --> 02:10:43.279 he's so far back and he boomed, the gun goes 2433 02:10:43.319 --> 02:10:45.640 off and he shoots the elk, and next thing you 2434 02:10:45.680 --> 02:10:48.760 hear the game wardens like, game wardens, stop, I need 2435 02:10:48.760 --> 02:10:51.159 to see your license. And he's like, I don't. I 2436 02:10:51.199 --> 02:10:53.199 don't I don't have a license, or I can't find it. 2437 02:10:53.239 --> 02:10:55.640 I don't know where the license is. And he's like, uh, 2438 02:10:56.000 --> 02:10:57.880 you know, we're going to have to drag that elk out. 2439 02:10:58.119 --> 02:11:01.640 It's evidence for you're shooting an elk out of season. 2440 02:11:01.640 --> 02:11:03.359 And a guy like, well, I'm not dragging it out, 2441 02:11:03.800 --> 02:11:05.720 you know, you drag it out, And so the game 2442 02:11:05.760 --> 02:11:08.039 warden drags the elk two miles back to the road 2443 02:11:08.079 --> 02:11:10.800 and everything and all of a sudden, the guy's like, oh, wait, 2444 02:11:10.920 --> 02:11:13.479 here's my license and stuff and he finds it at 2445 02:11:13.479 --> 02:11:16.119 the last minute. That's the same kind of thing there. 2446 02:11:16.239 --> 02:11:18.640 Great Jackie, thanks for sharing that story with us. We 2447 02:11:18.720 --> 02:11:23.279 appreciate it. So here's kind of the thing here. I 2448 02:11:23.359 --> 02:11:26.439 get these calls all the time where people are like, hey, 2449 02:11:26.520 --> 02:11:30.159 you know, I had this accident and I've been treating 2450 02:11:30.439 --> 02:11:32.920 and the insurance company said they wanted to make me 2451 02:11:32.960 --> 02:11:35.840 an offer, and so I've got this offer, and I 2452 02:11:35.880 --> 02:11:38.199 just really don't know if I should accept the offer 2453 02:11:38.720 --> 02:11:41.359 and what I should do. And I'm you know, my 2454 02:11:41.399 --> 02:11:44.399 first question is what happened and find out and everything, 2455 02:11:44.439 --> 02:11:46.680 and then it's it's tell me about the offer, and 2456 02:11:46.760 --> 02:11:50.199 I get something along these lines. The offer is like, Okay, 2457 02:11:50.279 --> 02:11:53.359 we're going to pay you for up to five thousand 2458 02:11:53.439 --> 02:11:56.880 dollars for medical bills that you've incurred up to this date, 2459 02:11:57.000 --> 02:12:00.119 and maybe another five thousand for medical that you you 2460 02:12:00.199 --> 02:12:02.399 might incur for the next ninety days, and then we'll 2461 02:12:02.399 --> 02:12:06.159 give you like a thousand dollars and that'll be it. 2462 02:12:06.199 --> 02:12:10.000 I mean, we're really given till it hurts here. Let 2463 02:12:10.039 --> 02:12:12.840 me just tell you that is not an offer. That's 2464 02:12:12.880 --> 02:12:16.439 not the way the world turns. The medical expenses that 2465 02:12:16.520 --> 02:12:20.840 you incur are entirely the responsibility of the at pop party, 2466 02:12:21.079 --> 02:12:23.319 but they're never going to pay them. You should never 2467 02:12:23.439 --> 02:12:27.560 turn over to the other side the responsibility of negotiating 2468 02:12:27.600 --> 02:12:31.119 and dealing with your medical providers at all. That is 2469 02:12:31.159 --> 02:12:33.680 a bad idea. One of the key things that we 2470 02:12:33.760 --> 02:12:37.399 do is to maximize all of the benefits that you have, 2471 02:12:37.520 --> 02:12:41.880 your medical payments, coverage, your health insurance coverage, and everything else, 2472 02:12:41.920 --> 02:12:44.479 so that those benefits are used in the right order. 2473 02:12:45.279 --> 02:12:47.520 And we tell those at fault parties to sit back 2474 02:12:47.560 --> 02:12:49.840 and wait until the end and then they'll make one 2475 02:12:49.920 --> 02:12:53.560 payment to us for the totality of your damages and 2476 02:12:53.600 --> 02:12:56.640 not ever get into these situations where they get to 2477 02:12:56.680 --> 02:12:59.319 decide what they pay down the road and something like that. 2478 02:12:59.439 --> 02:13:03.039 So if you get an offer that sounds anything like that, 2479 02:13:03.680 --> 02:13:05.920 stop what you're doing at that point and give us 2480 02:13:05.920 --> 02:13:09.680 a call. We can help you work through what exactly 2481 02:13:09.720 --> 02:13:12.079 the insurance company is trying to do to you. So 2482 02:13:12.640 --> 02:13:16.560 that is my two cent rant for the day. Brad, 2483 02:13:16.640 --> 02:13:21.039 thank you for being here. Great information. You know, when 2484 02:13:21.039 --> 02:13:22.479 you need to get a hold of Brad at seven 2485 02:13:22.560 --> 02:13:25.920 two oh three seven oh seven, three, eight eight. As always, 2486 02:13:26.319 --> 02:13:28.520 save all your problems for us. I'll be back to 2487 02:13:28.520 --> 02:13:30.600 talk to you again tomorrow. We'll see you then