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Old 12-16-2008, 12:39 PM
 
3 posts, read 7,720 times
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I am currently living with my boyfriend and we signed a year lease. He has began to drink again and becoming very erratic and making life miserable for me. I have broken up with him, but he refuses to leave the home even after he agreed to leave at one point. Does anyone have any advice on how to get him out legally??
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Old 12-16-2008, 12:52 PM
 
Location: Denver, CO
3,849 posts, read 6,753,856 times
Reputation: 1651
perhaps contact a real estate attorney or rental attorney if ones exists. I would hope there'd be a way, but do it carefully. you don't want him to be able to sue you for any reason.
Read over your lease again and see if there are any loopholes you could try.
Good luck! I sure hope you can get rid of him for good!!




Quote:
Originally Posted by LaurenRose727 View Post
I am currently living with my boyfriend and we signed a year lease. He has began to drink again and becoming very erratic and making life miserable for me. I have broken up with him, but he refuses to leave the home even after he agreed to leave at one point. Does anyone have any advice on how to get him out legally??
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Old 12-16-2008, 01:14 PM
 
Location: Kansas to Rochester, NY
612 posts, read 1,619,422 times
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I suggest talking to your landlord and see what you can do legally. But involving the landlord could also be risky because they can lead you on and give you some false information on what to do like my previous landlord did. If you trust them, then go ahead and talk to them. If not, then try contacting a lawyer agency for some small advice.

In the end, you might have to go to court to legally evict him. Good luck.
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Old 12-16-2008, 01:25 PM
 
Location: Denver, CO
3,530 posts, read 8,720,267 times
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You signed a legal, binding contract. The only way out would be to sue for injunction. By the time you are done doing that you could have just paid the last months of rent on your lease. There are instances where you can break your lease (it's not usually in your lease but more of a Denver case law issue), where if the landlord can re-rent the place, they don't really have standing to get you over you breaking the lease. If you just move out, and your boyfriend doesn't pay, then you are on the hook too for the broken lease and payments not made.

The best way I see to handle this is for the both of you to move out, and hope that your landlord rerents quickly. If you can both agree to move out, then talk to the landlord and explain. Some leases do have the loophole that as long as you give 30 days (written) notice, you can opt out.
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Old 12-16-2008, 01:31 PM
 
Location: Denver, CO
3,849 posts, read 6,753,856 times
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exactly, contacting a lawyer is the best first step. My sister is involved now with an illegal eviction that she is suing over.
you don't want it to get ugly, it might anyway, but at least she will go about it properly and not do anything that could harm her.



Quote:
Originally Posted by Johnny Bananas View Post
I suggest talking to your landlord and see what you can do legally. But involving the landlord could also be risky because they can lead you on and give you some false information on what to do like my previous landlord did. If you trust them, then go ahead and talk to them. If not, then try contacting a lawyer agency for some small advice.

In the end, you might have to go to court to legally evict him. Good luck.
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Old 12-16-2008, 01:34 PM
 
Location: Denver, CO
3,849 posts, read 6,753,856 times
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"Lauren"-In addition to contacting a lawyer, I would perhaps hide or remove my valuable possessions like jewelry, family momentos, things like that from the home. You never know what this guy could pull, especially if he's an alcoholic. (ever watch 'intervention'?)
Don't leave anything of value laying around. It sounds like you have a mess on your hands. he knows he doesn't have to leave because his names on the lease, so he's got you there, really a lawyer is the best way to go.


Quote:
Originally Posted by LaurenRose727 View Post
I am currently living with my boyfriend and we signed a year lease. He has began to drink again and becoming very erratic and making life miserable for me. I have broken up with him, but he refuses to leave the home even after he agreed to leave at one point. Does anyone have any advice on how to get him out legally??
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Old 12-16-2008, 01:41 PM
 
Location: Denver, CO
3,530 posts, read 8,720,267 times
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Really, I'd think better advice would be to contact the Apartment Association of Metro Denver. They handle disputes and often have paralegals/attorneys who provide help free of charge.

Apartment Association | Metro Denver

Contacting a lawyer is not as easy as it sounds. Since you are the one bringing the injunction, you are going to have a heck of a time getting free advice. A retainer will most likely be required. Trust me, I know what I'm talking about.
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Old 12-16-2008, 01:41 PM
 
Location: Colorado
2,561 posts, read 5,008,106 times
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Quote:
Originally Posted by wanttomoveeast View Post
You signed a legal, binding contract. The only way out would be to sue for injunction. By the time you are done doing that you could have just paid the last months of rent on your lease. There are instances where you can break your lease (it's not usually in your lease but more of a Denver case law issue), where if the landlord can re-rent the place, they don't really have standing to get you over you breaking the lease. If you just move out, and your boyfriend doesn't pay, then you are on the hook too for the broken lease and payments not made.

The best way I see to handle this is for the both of you to move out, and hope that your landlord rerents quickly. If you can both agree to move out, then talk to the landlord and explain. Some leases do have the loophole that as long as you give 30 days (written) notice, you can opt out.
This is true in worse case scenario ,court wil usually award landlord opportunity costs/remainder of rent for lease....Real estate lawyer might
be last resort if Land lord and boyfriend don't budge---Colorado law typically favors tenants if gray area arises in your lease terms...I have been involved with these messes from the land lord vantage---I personally
always let the people out of lease rather than go to court...My ex is a real
estate attorney--I will ask her advice...
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Old 12-16-2008, 01:46 PM
 
Location: Denver, CO
3,530 posts, read 8,720,267 times
Reputation: 840
Scott: I'm surprised to hear that. Were your disputes recent? Perhaps the courts have flipped. Historically Colo. law has been on the side of the landlord, although, yes involving grey areas in leases would be for the tenant. This isn't a tenant dispute however, and usually breaking your contract is not a grey area.

Right now I've heard that rents are high and full because of the housing crunch. So if the girl ditches the lease, the landlord wouldn't have much recourse if the place is rented quickly.

Either way, landlord going after tenants or the tenant hiring a lawyer are going to be costly and time consuming.
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Old 12-16-2008, 02:01 PM
 
Location: Colorado
2,561 posts, read 5,008,106 times
Reputation: 2223
I had a situation in April of 07, where the tenant broke the lease with a boyfriend--
she was able to prove that living there would be physically dangerous to herself..I myself did not follow up and try enforce the lease....Another property tenant I had
moved out of a condo I owned because of water damage from unit above--still in major litigation over that one---That was a pretty clear case for vacating though..I
know your right about the time and money involved with attorney's...She should avoid
that nightmare unless it's absolutley necessary..My family is heavily involved in real estate---my personal experience is that grey areas go to tenant ---I stress only grey areas...The other reason I suppose I said that and should have thought about that first--is court looks at me as a licensed Broker...Not all landlords are(probably most are not...Court looks at Broker land lords with more scrutiny than non brokers---that has been my personal experience and with many friends..
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