Eviction in Colorado

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oriole6
Posts: 15
Joined: Tue Aug 08, 2006 3:42 am

Eviction in Colorado

Post by oriole6 » Fri Nov 02, 2007 1:22 pm

I own a park in Colorado in which I only rent the space; the tenants own their own units. I must evict a tenant because he is not keeping his lot cleaned up and mowed as per written and signed Park Rules.

Although I've owned this park several years, the only eviction I've had to do was last year -- it was done by an attorney (actually his paralegal) and was very expensive. Is this something I can do myself? Can I find a qualified paralegal to do this correctly without an attorney's expense?

David Oxhandler
Posts: 1459
Joined: Tue Oct 02, 2007 8:37 am

Re: Eviction in Colorado

Post by David Oxhandler » Sun Nov 04, 2007 1:10 pm

"In most states The landlord must inform the tenant in writing of the supposed violation. The tenant must have ample time to correct the problem. If the tenant does nothing to correct it, the landlord may evict.

Colorado Eviction occurs when the court enters an order for the tenant to vacate the property. This order is enforceable only by the sheriff. It allows the sheriff to monitor the removal of the tenant and their property from the premises.
As in most states it is never legal for a Colorado landlord to evict a tenant without a court order.

When a Colorado Tenant has Broken a Condition of the Lease

Before filing a suit to evict a tenant for noncompliance with lease conditions, the landlord must post a written, signed demand in a conspicuous place for delivery of possession of the premises. The notice must state the reason the landlord believes the tenant is in violation of the lease and give the tenant three days to either move out voluntarily or correct the violation. (Noise violations are particularly difficult issues for both landlords and tenants regarding eviction.) After the written notice has been posted and if the tenant has not moved out by the end of the three days and has not corrected the violation, the landlord may file an eviction suit at the local Justice Center. In computing the three day notice the first day is excluded. Therefore, the three day period begins the day following the posting. The start of the three day time limit begins running whether or not the tenant discovers it posted. Also the time continues to run regardless of whether it is a Saturday, a Sunday or a holiday.

Eviction Procedure-Unlawful Detainer

A. Three Day Notice Colorado
If the proper three day written notice has been given to the tenant, the tenant should immediately call the landlord, the Community Mediation Service (if applicable), and/or legal counsel to attempt to resolve the issues, or comply with the lease (if the eviction is for breaking a clause of the lease, e.g., non-payment of rent, noise, pets, guests.) If the situation has not been remedied within the three-day time period, the landlord may initiate an eviction suit under a specific procedure set forth by laws of the State of Colorado in a statute entitled "Forcible Entry and Detainer." (Section 13-40-101 et seq., C.R.S.)

The Colorado landlord may not lock the tenant out of the premises, shut off the utilities or forcibly move the tenant or his/her possessions out of the building. Once the landlord has obtained a court order for eviction the sheriff may be called in by the court to perform such functions"

from RentLaw.com

I-CAN! Coloradolets you create your own court forms, and guides you through filling them out for FREE and provides you with step-by-step instructions for what to do after you have completed your forms.

Look for the Unlawful Detainer (Evictions) Form
David Oxhandler
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oriole6
Posts: 15
Joined: Tue Aug 08, 2006 3:42 am

Re: Eviction in Colorado

Post by oriole6 » Mon Nov 05, 2007 9:46 am

David,
Thank you so much! I very much appreciate your reply.

- Robin

David Oxhandler
Posts: 1459
Joined: Tue Oct 02, 2007 8:37 am

Re: Eviction in Colorado

Post by David Oxhandler » Mon Nov 05, 2007 10:22 am

I should have mentioned that Some states have special rules that govern mobile home parks... because the renter is also a home owner. It would be a good idea to contact your state MH ASSOCIATION

Rocky Mountain Home Association
Executive Director Meghan Pfanstiel
1410 Grant Street D110
Denver, CO 80203
(303) 832-2022 Office
(303) 832-0826 Fax
[email protected]



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oriole6
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Joined: Tue Aug 08, 2006 3:42 am

Re: Eviction in Colorado

Post by oriole6 » Mon Nov 05, 2007 10:25 am

Will do -- thanks again!

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