Type of Litigation: Predatory Eviction

Franklin v. Tschetter Sulzer, Case No. 1:22-cv-01963 (U.S. District Court, District of Colorado); Segura v. Tschetter Sulzer, Case No. 1:24-cv-01617 (U.S. District Court, District of Colorado)

Tschetter

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.

Crockett v. Echelon Property Group, LLC, Case No. 24CV031642 (State of Colorado, Denver District Court)

Echelon Property Group, LLC

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.

Wilson v. Portus LLC et al., Case No. 24CV031642 (State of Colorado, Denver District Court)

Portus, LLC

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.

Warden v. Tschetter Sulzer P.C., Case No. 1:22-cv-00271 (U.S. District Court, District of Colorado)

Tschetter Sulzer, P.C.

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.