These class actions alleged that Tschetter’s practice of communicating to tenants that late fees and/or attorney fees had to be paid in addition to rent to resolve a pending eviction violated the Fair Debt Collection Practices Act. Both cases were ultimately resolved through a confidential settlement with the individual tenants. These cases benefited more than just Ms. Franklin and Ms. Segura, however. Tschetter stopped its blanket practice of including late fees and attorney fees in its standard “Demand for Rent or Possession” form after these suits were filed, which in turn has benefitted the thousands of tenants Tschetter initiates evictions against every year in the state.
This active class action lawsuit alleges that Echelon Property Group, LLC (“Echelon”) charged its tenants improper late fees under the threat of eviction. Additionally, it alleges that Echelon violates Colorado’s Rental Application Fairness Act across the state. Echelon was acquired by Asset Living, the nation’s 2nd largest residential landlord, and together they rent to tens of thousands of Coloradans. Together, the challenged practices exacerbate Colorado’s housing affordability crisis by reducing the bargaining power of renters shopping for a home and thereafter slapping improper fees on top of already unaffordable rents. The lawsuit hopes to put a stop to such practices and to put money back in the pockets of Colorado renters.
This on-going class action lawsuit was filed against Portus, LLC, one of Colorado’s largest property management companies, as well as, the apartment ownership company, alleging that Portus systematically charges its Colorado tenants improper late fees and attorney fees, and improperly seeks to collect them through eviction actions. It is hoped that the suit will yield thousands of Colorado renters 1) money being put back into their pockets, 2) the restoration of their housing and credit records, and 3) changes in Portus’s business practices.
This certified class action – we believe the first ever certified class action bringing claims under Colorado’s warranty of habitability law – was filed in District Court for City and County of Denver against Cardinal Group Management & Advisory, LLC (Cardinal Group) and Glendale Properties I & Glendale Properties II (Mint Urban Infinity or MUI). The lawsuit alleges that the Defendants operated the 561-unit MUI apartment complex in a dilapidated and untenable condition in violation of Colorado’s Warranty of Habitability statute and their contractual obligations to maintain the property with customary diligence. Among other things, the suit seeks an award of damages for over 2,000 former tenants against Cardinal Group and MUI for an abatement of rent – essentially a refund – for amounts paid that exceed the actual rental value of the MUI apartments given their condition during a nearly 4-year period. The case is scheduled for a jury trial in March of 2025.
Cardinal Group owns and manages more than 35,000 residential dwelling units in 37 states, including roughly 3,000 units across 14 multi-unit residential properties in Colorado, while the entities that owned MUI during this period appear to have been subsidiaries of Mapletree, a $77-billion international investment outfit.
This class action lawsuit was filed against Tschetter Sulzer, P.C. in the U.S. District Court for Colorado in January of 2022 alleging that Tschetter’s form stipulation misled tenants into stipulating to an eviction. Tschetter ultimately agreed to a class action settlement in the case, which provided class member tenants with a meaningful monetary payment, a process to clear their housing and credit records, and changes to the eviction firm’s business practices. Given that Tschetter files tens of thousands of evictions every year in Colorado, the changes brought by this case directly benefited tens of thousands of Coloradans.
