U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Colorado > Denver
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 03-30-2015, 11:44 AM
 
2 posts, read 5,939 times
Reputation: 11

Advertisements

I offered 2 people to live with me to help them out. Supposed to pay me monthly and have not paid since Feb 15. I now want them out. Too much drama and problems. I have asked them to leave. They said they would get out ASAP but have made no attempt at all. I suspect they are smoking in my house. After asking again? What are my rights to call sheriff and force the issue?
Reply With Quote Quick reply to this message

 
Old 03-30-2015, 11:51 AM
 
2,409 posts, read 2,637,555 times
Reputation: 1807
How long have they stayed with you? If over 6 months, it will be very complicated.
Reply With Quote Quick reply to this message
 
Old 03-30-2015, 11:56 AM
 
11,256 posts, read 43,359,526 times
Reputation: 14917
I think you'll find that Colorado Tenant's Rights Laws will have these non-paying folk protected as if they were lawful tenants since you allowed them to "live with me to help them out", especially if you had accepted any rent payment during the course of their tenancy.

You'll likely need to go through a formal eviction process if they won't peacefully and willingly leave upon your verbal request, which appears to be the case. You're not the first person with good intentions to get trapped by folk taking advantage of your good graces.

Likely you'll need to post a formal demand to vacate, followed by service with a demand to quit the premises. Then it will take some time before they have to move out, and the move-out will likely require a sheriff's deputy to enforce a court order to do so. IF the folk are really taking advantage of you, they can have their day in court to explain why they haven't moved out yet ... and in my experience, the judges are more than accommodating to all the sob stories of why they haven't been able to do so such as no available affordable alternative or any other story they can cook up to their advantage. BTDT, the judges have given the non-paying tenants a lot of additional time to move out ... from the tenants standpoint, it's a free place to live for awhile, so why not take advantage of it?

Sorry for all the drama. Take your time and do the eviction properly, you cannot take self action to do so and any breach of the peace that you cause can come back to you as criminal charges ... which you do not want. Do be careful, too, about your leasehold ... if you are renting, there may be clauses about other folk living in the place and you could be in violation of your own lease. Consider that your landlord doesn't want the drama/headaches either, and you may find yourself being served with an eviction notice in your own right.
Reply With Quote Quick reply to this message
 
Old 03-30-2015, 12:22 PM
 
2 posts, read 5,939 times
Reputation: 11
Ugh. They have been there longer then 6 months. Sunsprit. Thank you for the very detailed thorough advise. As I have never done this...how do I start the eviction process? They have not paid fully EVER to what we agreed upon? DO I not have any rights as the owner of the house? All thoughts/help appreciated...
Reply With Quote Quick reply to this message
 
Old 03-30-2015, 01:28 PM
 
11,256 posts, read 43,359,526 times
Reputation: 14917
Quote:
Originally Posted by jamnjags View Post
Ugh. They have been there longer then 6 months. Sunsprit. Thank you for the very detailed thorough advise. As I have never done this...how do I start the eviction process? They have not paid fully EVER to what we agreed upon? DO I not have any rights as the owner of the house? All thoughts/help appreciated...
Yes, you have "rights as the owner of the house".

You have the right to evict your tenants for non-payment of rent, or for any other reasonable cause you may have in the absence of a written lease.

But your tenants have "rights", too, to what appears to be a legally established residency. IF they do not want to peacefully move out in a timely manner, then you have no choice but to pursue a proper legal eviction process.

IMO, you'll best accomplish this through the services of a real estate lawyer experienced with the eviction process. Don't try to do this yourself because the process has legal consequences for you and you don't want to mess it up so that it comes back to haunt you financially and legally.

Know in advance that there are "tenant's rights" groups in the area who will be ready, willing, and quite able to be of assistance to your tenants. Indeed, some of these groups are tenants advocacy groups fighting against the evils of the landlords/landowners as they see the disparity of property ownership among folk. At least, that's their take on you being an evil privileged homeowner and your tenants not being homeowners. If your tenants have any 'net savvy and seek out such assistance (or hear about them from any other source), you'll be in for the maximum ride and hassles possible permitted by law and assisted by what I've found to be a very lenient/compassionate judiciary in the area.

Again, sorry for your troubles with them. Retain a lawyer ASAP and begin the legal eviction process as quickly as possible.
Reply With Quote Quick reply to this message
 
Old 03-30-2015, 01:32 PM
 
Location: Denver, CO
898 posts, read 991,225 times
Reputation: 1366
Hmmm I do wonder, and please don't reply OP (no need to incriminate yourself in case this does get legal) but if they paid only in cash (making an assumption here) and have no receipts nor an agreement how can they prove that you have accepted rent from them?

There is still the fact that they lived there for over 6 months, but something to keep in mind.

Also, I am not a lawyer, I am a software engineer. Maybe I should just stick to talking about what I know

Either way, it sucks that you are in this predicament it's always a shame when a good deed comes back to haunt you.

We do have a lawyer I think who is very active here, but I'll let him talk to you directly if he has input rather than put him on the spot.
Reply With Quote Quick reply to this message
 
Old 03-30-2015, 01:41 PM
 
Location: OH>IL>CO>CT
5,225 posts, read 8,384,895 times
Reputation: 7180
Rather than paying a lawyer, etc, would these people be open to a cash incentive to move out ?
Reply With Quote Quick reply to this message
 
Old 03-30-2015, 01:45 PM
 
11,256 posts, read 43,359,526 times
Reputation: 14917
poster above brings up legitimate concerns about your landlord/tenant relationship ...

and why such situations can rapidly become the fodder for contentious disagreement subject to the legal process with lawyers getting involved and judges pressed to make decisions that appear "fair" to all parties, even if the homeowner gets stuck with significant legal and other costs by the deadbeats living in their house.

in the absence of a written lease, much of your landlord/tenant relationship now falls into the "he said, she said" arena.

such disputes can easily extend into proving the tenancy, and/or payment/acceptance of the "agreed" rent and terms.

In the absence of a timely peaceful departure by your "tenants", it will all come down to these little details which will need to be sorted out by a judge.

don't be surprised if your "tenants" come back into court with wild claims of your having agreed to other terms than you think you agreed to, such as you inviting them to now stay at "no charge for awhile" because they're destitute and you wanted to help them out until they got back on their feet at some indeterminate time in the future. And what constitutes "back on their feet"? Maybe you even told them they were welcome to stay for as long as they could ever want to under your roof? at this point, it's not how plausible or likely you may have said or agreed to such a situation, it's the possibility that these tenants can make a case out of such tales and the court system is bound to hear them and render a judgment which appears reasonable and fair. Only you're the one with the assets and home at risk, the tenants are not.

You can see how easy it is for an adverse opinion or viewpoint to be manipulated against your interests. How does anybody know what was agreed to by you and your tenants when you allowed them to move in, except by identical testimony by both parties as to what was agreed?

OP, you need to distance yourself from all the little details and allow a professional to intervene on your behalf ASAP. Get that lawyer retained ASAP and start the eviction process as quickly as possible. Trying to do a "self eviction" with unreasonable tenants is generally a very losing proposition for the homeowner.
Reply With Quote Quick reply to this message
 
Old 03-30-2015, 01:58 PM
 
2,409 posts, read 2,637,555 times
Reputation: 1807
Record conversations with them so you have proof of the agreed upon terms in case you have to resort to legal procedures.
Reply With Quote Quick reply to this message
 
Old 03-30-2015, 03:05 PM
 
451 posts, read 383,618 times
Reputation: 838
This might be a bad idea but I'll share it anyways... Obviously the deadbeats are not very smart and they certainly aren't appreciative of your generosity. Maybe you could tell them that you will forgive the debt if they get out by (a certain date) or you will call the police/sheriff to help evict with NO MORE warnings, enough "Mr. Nice Guy". Maybe just the threat of involving the law will scare them out faster. Your loss on past-due rent would be less than legal fees. (Once they leave, change the locks immediately).
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2016 data
Loading data...

123
Hide US histogram


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Colorado > Denver
View detailed profiles of:
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top