Eviction laws vary from state to state. What is permissible in Alaska is unacceptable in Colorado. But there is one similarity with all the eviction laws- you cannot take matters into your hands. You aren’t John Wick and neither are you above the law.
Two main reasons for Eviction
Even though you aren’t a cold hearted landlord, two situations force you to turn frigid and evict the trouble making tenant. The reasons are nonpayment (an obvious) and violation of the rental agreement.
Steps of Eviction process in Colorado
Step 1: The process of Eviction starts with issuing a notice. This notice in Colorado is known as the Demand for Compliance or Right to Possession or 3-Day notice. The notice must contain the reason for eviction. The address of the property rented must be specified. The eviction notice is valid only on signing.
Step 2: If the rental agreement is month-to-month, the notice must be sent out a week before expiry. When the rental agreement states a specific date of expiry, the owner needn’t send a notice to the client as a reminder.
Step 3: There are specific ways of delivering the notice to the tenant. You cannot just break into the house and surprise the tenant with a notice of eviction (it’ll be hilarious but illegal). The notice can either be sent personally to the tenant or a member of the family who is over the age of 16. Alternatively, the notice can be sent out to the tenant’s work place either directly or through an assistant. For whatever reason you do not wish to take any one of these routes, you can always have the notice sent through mail.
Step 4: Once the notice is sent out and the tenant has the tenacity to ignore the request, the next step is to file a Summons and Complaint in Forcible Entry and Detainer. This contains an ultimatum which the tenant must heed to.
Step 5: The summons contains return date- means of quickening the process of eviction in case of no response from the tenant. This is time allotted to both parties to make their claims in front of a judge. If the tenant is a no-show, the ruling is in the favor of the landlord.
Step 6: Final hearing takes place when the tenant requests the presence of a jury (which comes at a price). During this time, the terms of the rental agreement is made clear by presenting the court with copies of the same along with the required evidence for violation.
Step 7: Justice being just offers the tenant a chance for defense which may include failure of the landlord to rectify a grievous issue like a gas leak or breach of rental agreement from the landlord or eviction solely based on personal prejudice based on race, color or creed.
Step 8: If the ruling is in favor of the landlord, he must petition for a Writ of Restitution which gives the tenant a limited time to vacate (as short as 24 hours).
Attempt at representing yourself only when you think you’re as good as Jack DiNorscio!
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