Tenants sue eviction law firm, Tschetter Sulzer, and its landlord clients over improper collection of attorney fees
(Denver, Colorado, June 12, 2023) – On Monday, June 5, 2023, five tenants filed a class action lawsuit in Denver District Court against Tschetter Sulzer, P.C., which advertises itself as Colorado’s “#1 Eviction Firm,” and three of its landlord-clients.
In Colorado, tenants whose landlords file eviction cases against them after they fall behind on rent have the legal right to "cure," or pay the back rent, at any point before a judgment enters in the case. If they "cure," the case against them must be dismissed. Attorney fees and court costs may only be awarded if a judgment is entered against the tenant, and the judge finds the landlord succeeded in the eviction case. In “cure” cases, the landlord has not succeeded, since the case is dismissed and no judgment is entered.
The lawsuit alleges that Tschetter Sulzer and many of its landlord-clients pursued and extracted attorney fees and costs from the plaintiffs even after they “cured” the late payment of rent, the cases are dismissed, and no judgment is entered.
“It’s unfair for landlords to require tenants to pay attorney fees and costs unless the law actually allows it,” said Courtney Woodruff, one of the plaintiffs.
The class action complaint, filed by law firm Haddon, Morgan, and Foreman, P.C., along with Colorado Poverty Law Project, is available via this link.
Carol Kennedy, a Housing Attorney at Colorado Poverty Law Project, said, “Unless it is permitted under the laws, charging attorney fees and court costs unnecessarily and improperly adds to the financial hardship of tenants who already are struggling in this economy and contributes to evictions and homelessness.”
For additional information, contact info@hmflaw.com.
Colorado Poverty Law Project is a 501(c)(3) nonprofit organization whose mission is to prevent homelessness through legal representation, education, and advocacy.
Learn more at www.copovertylawproject.org.