Evicting a boyfriend on the lease (eviction, tenant, landlord)

[DenverLawGal]

Here's how it hurts your credit. Here, landlords often hold all the cards. They must sue you to kick you out. It's called an FED (Forcible Entry and Detainer). It can be done very quickly. Then, once they get the judgment on you, they file that in the county you live. That becomes a judgment. The clerk and recorder then submit those records to the bureaus, hence you get a judgment on your credit that lasts forever. I think it's 7 yrs. Can't remember. In any case, that'll keep you from obtaining basic things like checking accts.

I'm a paralegal in CO. So unlike Cabolissa, I can't comment on Calif. law except for the friends I have who work in law there.

[newtoli]

Originally Posted by cabolissa

Usually the penalty for breaking a lease is $500 or one month's rent... Definitely worth the price for freedom!

This is horrible advice. They can hold you to the entire term of the lease if they cannot rerent the apartment.

[DenverLawGal]

Hey Cabolissa. I just realized this is good info for you because aren't you planning on renting here? Always be sure to keep your copy of your lease because many landlords here are scuzzy. If you don't have your copy and then ask for one later, well, who knows what you'll get if you know what I mean.

Since it's her BF and he's violent, I don't think she'd want another unit. Denver's pretty small and it's hard to hide here. I still run into that a-hole BF of mine and it's been 10 yrs.

Restraining order is good, but yeah, still the problem with him getting ugly.

Legal Aid here is jammed packed. I tried to help a client's son and it was going nowhere. They put high demands on forms and waiting lists. You also have to prove you are indigent. It's not a dead end, def. worth checking into.

So far we agree on just about all points -- best bet is to talk to landlord, then move quietly and be done with it.

Originally Posted by cabolissa

Wow! That's too bad. Then I definitely recommend speaking with her landlord and seeing if they could accomodate her into another unit - not sure how that would work.

The only other way I can think of is if she filed for a restraining order against him - that way he'd have to leave, but still be liable for the payments on the lease. Only, I think in this case, it might be too dangerous?

The Legal Aid Society in all states provides legal assistance to people of low-income, or in domestic violence situations. They'll usually give a free consultation, and many times help you file for nearly free. I'd call them. A brief google search turned up this info:
Need a Lawyer?

Colorado Legal Services (CLS) is the federally funded legal aid program in Colorado. They provide free legal assistance to people who are low-income, including the elderly, people with disabilities, and victims of domestic violence.
CLS advocates assist clients in family law matters, housing issues, health access issues, government assistance problems, and other legal problems.
The program is headquartered in Denver and has 15 offices statewide. If you, or someone you know, needs legal assistance, call the <A href="http://www.coloradolegalservices.org/Program/824/index.cfm" target=_blank>CLS office closest to you or click here to visit their website.

Denver [SIZE=1](Adams, Arapahoe, Broomfield, Denver, Douglas, Elbert, Jefferson; seniors in Clear Creek, Gilpin) [/SIZE]
Address: 1905 Sherman St., Suite 400, Denver
Phone: 303.837.1313
Fax: 303.866.9360 (4th); 303.866.9302 (5th); 303.830.7860 (6th); 303.863.8589 (7th)
Map: Click here

Legal Aid Foundation of Colorado

[cabolissa]

Originally Posted by newtoli

This is horrible advice. They can hold you to the entire term of the lease if they cannot rerent the apartment.

I stand corrected in earlier posts... I wasn't aware that CO law was pro-landlord. See my later posts...

Sorry.

[DenverLawGal]

In all defense and fairness for Cabolissa, she's in Calif. where they are very tenant friendly. My DH is from Orange, Calif., and he was shocked when he figured out how renting works here.

Originally Posted by newtoli

This is horrible advice. They can hold you to the entire term of the lease if they cannot rerent the apartment.

[DenverLawGal]

Just wanted to add re: judgment. Let's not forget the court costs and attorney fees AND interest they tack onto your debt.

[cabolissa]

Originally Posted by wanttomoveeast

Hey Cabolissa. I just realized this is good info for you because aren't you planning on renting here? Always be sure to keep your copy of your lease because many landlords here are scuzzy. If you don't have your copy and then ask for one later, well, who knows what you'll get if you know what I mean.

Definitely good advice! I'll be going over it with a fine-toothed comb.

[DenverLawGal]

I rented in downtown Denver (mainly Capitol Hill, Govn'rs Park, Cheeseman, Wash Park) for about 15 yrs. I learned a lot about renting and landlords. And credit. haha. I'm sure that the conditions of renting have changed since then (I bought a house 6 yrs. ago), but I do know that landlords again hold the cards with the housing crisis, as all these people who lost their homes are renting. Not too long ago, the tables were switched and I saw buildings giving away flat screen tvs to lure in renters! Boy have times changed. Also, my first apt. was on 12th and Sherman, a one-bedroom I shared with my best friend. Our rent was $250 and we thought that was a lot.

hahahaha, I'm old.

[sportsfangal]

I didn't think it sounded that easy, but I wasn't sure. Maybe she could buy herself out of the lease? that would be expensive, but if it gets her rid of this loser...............?

Originally Posted by newtoli

This is horrible advice. They can hold you to the entire term of the lease if they cannot rerent the apartment.

[zionvier]

Personally I suggest speaking to the landlord before trying to figure out ways to break the lease. People to people conversations can often lead to solutions you never thought, especially during a high-stress situation like you're in.

At one point I was renting a condo here in CO with 2 friends. We were renting directly from the owners, so there wasn't a management company or anything involved. One of our friends started falling behind on paying rent, but since I and my other friend were so up front with the landlord about everything "Here's our money for the month" the landlord was nice enough to keep us living there and dealt with the degenerate friend individually instead of coming down on all of us. Legally, as far as the lease was concerned, we all could have easily been evicted. The other friend ended up paying bits and pieces as she had money. At one point we spoke with the landlord and told them that obviously the two of us want to stay, but if they wanted to evict the 3rd, we would be fine with it and could easily find another friend who can afford to pay to move in. They didn't choose that route, but they knew it was an option.

You might be able to convince the landlord/management company to "evict" both of you, but actually allow you to stay without the ex knowing that is what's going on, and obviously not REALLY evict you, so there's no negative consequences or anything to your credit... plus if done right the ex might not even know you're still living there, so he won't know where you live anymore ;-)