Tenant rights in Boulder (attorney, lease, house)

[MoxieMoo]

I've run into a bit of a sticky situation and would like to hear some opinions. I am renting a room in a house in North Boulder owned by two middle aged women who recently entered my room without permission, searched through my belongings, and are now threatening me with legal action. They found a small glass bowl and a bag with a few stems in it (nothing but stems, of which they only have a picture). Can I get into trouble? They are saying they will go to the police with drug charges but I believe they have no case because of a) what they found and b) the illegal way they found it. Please let me know what you think, I need to get out of this mess!!

[Brain Drain]

I guess you need to think about how you want this situation to end.

What they did was probably illegal as most leases (do you have a written lease?) provide for some reasonable notice before the landlord enters the tenant occupied premises, except in a case of an emergency. I believe Colorado law requires this provision in leases, but you'd have to do more research.

Perhaps you should cut your losses, get your deposit back in full, and move out asap. Why would you want to tolerate such a situation? If you want to make a point and are willing to expend a lot of time doing it, then that's fair too!

If you're interested in pursuing your legal rights, you could always retain an attorney or perhaps seek help with a non-profit legal assistance organization. If you're a student at CU, there's an office on campus that offers free legal advice. If you're willing to pay for an attorney, maybe the NORML website would have some people willing to take your case for a pittance.

Here are some resources for you:

http://www.colorado.edu/OCSS/downloads/TenantsGuide.pdf
Colorado Legal Services

[jkcoop]

What are they exactly wanting? You out and you don't want to go? If they are just wanting you out and are willing to give you back any deposits just to get you out - then I'd go. As Brain Drain alluded to - why would you want to fight for your rights to stay in a house with that kind of situation.

Was it right they just went into your room? No. But sometimes you just have to cut your losses - it's not like the living situation is going to get better from here. If you want to move out then pursue some course of action against them, maybe that is a possibility. I just wouldn't want to be in a living situation like that any longer than necessary.

[subsound]

Defiantly against the law, better to give notice and go. I've had friends in the same situation, and people like that will make any excuse to do what the heck they want because they think they are right.

If they do try and press charges, which they can't but they can try, go after them. A picture of what could be anything is not evidence of anything, except that your area was invaded...it could be anything from anywhere. If they bring the police, don't even respond to it...if asked just say "Wait, does this mean you went through my belongings?" or "I have no idea what that is, but that picture could be from anywhere"...make it so they have to explain why they were in there without permission.

Be sure you got rid of anything incriminating, even if it's just vaguely related to it. Get a deposit box or a friends house till you're some place new.

[Gulfy]

Do you have a lease?

[sskkc]

Photo or not - they can't prove it's yours, so charges won't stick, even if they attempted to make some. You could also counter-charge them with disturbing the peace or unlawful entry.

Will any of it hold up? No, but you would've wasted your time, their time, tax dollars and the court's time, not to mention the aggravation... move on.

If they don't give you your deposit, sue.

Make them evict you in writing, or they can claim you moved out without notice.

[bouncing]

I agree with the other posters. Also, possession of small amounts of Marijuana is only a petty offense in Colorado. It's like threatening to call the police because someone parked too far from the curb. They're crazy.

[subsound]

Originally Posted by bouncing

I agree with the other posters. Also, possession of small amounts of Marijuana is only a petty offense in Colorado. It's like threatening to call the police because someone parked too far from the curb. They're crazy.

Great analogy, I thought it was even worse. That it was a picture of a wheel and the curb, no way to see if what type of car or if it's even yours. Then calling the cops after you drove away.

[POhdNcrzy]

Dude, did those ladies smoke your stash and leave you only with a coupla' stems? Oh man, that's lame, dude.... e