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sorry, but I think you've been woefully misinformed about "tenant's rights" in most states. Articles abound about such abuses in the national press ...
I'm not interested in other states who woefully take up the same approach to "tenant's rights". Maybe you're referring to places like CA, OR, and other examples of faulty legislation and defective thinking. Promoting and supporting the lawless and unstable, while at the same time lessening the rights of the responsible and the productive is slap in the face of American heritage. This goes back to American Principles 101, the basics. Instead of wasting time with the worthless national press rags, you ought to read the early documents that this country was founded on.
Last edited by Sunderpig2; 08-31-2016 at 10:07 PM..
I'm not interested in other states who woefully take up the same approach to "tenant's rights". Maybe you're referring to places like CA, OR, and other examples of faulty legislation and defective thinking. Promoting and supporting the lawless and unstable, while at the same time lessening the rights of the responsible and the productive is slap in the face of American heritage. This goes back to American Principles 101, the basics. Instead of wasting time with the worthless national press rags, you ought to read the early documents that this country was founded on.
We're straying off topic somewhat here, but ...
Nowhere in this thread did I suggest that I agree with these lawless attitudes or laws that protect such behaviors ...
and, in fact, I don't.
but they are the reality that I must deal with as a Colorado LL with most of my RE portfolio & assets there.
And they are, unfortunately, the situation that the OP must deal with in having an adverse situation with a tenant in her house.
PS: I'm fairly well versed in the founding father's discussions re civil liberties/responsibilities/rights of the people/limits of government ... Federalist Papers and associated documents have made for most interesting reading and foundation of my viewpoints, among many reasons why I left Colorado two decades ago after 30 years there and established my primary residence in another rocky mountain state.
Perhaps you even share my viewpoints re the divide in this country today between the folk who work for a living vs those who "vote for a living". Personally, I'm well past retirement age and still work full time at several different jobs/businesses ... in addition to being an active farmer/rancher which is a full time occupation unto itself.
To put this in perspective ... decades ago when I bought my investment properties in the Colorado mountains, my dream was to retire in Vail with enough cash flow to support my aviation, boating, skiing, and fishing habits. I've watched Colorado morph into something entirely different in the last numbers of years than what I'd bought into, and have realized that it's not where I'd want to retire anymore. A place to visit, do some skiing or fishing ... but not to reside there anymore.
As I've repeatedly pointed out in C-D forums, my education into the rights of CO LL's and Tenants came with a substantial personal cost. When one sees 50% of your potential gross income from a rental property in a year lost to an eviction battle, it's a significant loss. And the cash flow is horribly affected when you're still having to make the mortgage payment, the tax bill comes due, and the insurance policy needs to be paid. That doesn't take into account the ongoing maintenance, utilities, or repairs that a property requires as the months go by. Not to mention such things as days lost to cleaning out the abandoned effects of evicted tenants, multiple pick-up truckloads of trash to the county solid waste disposal dump, repainting, recarpeting, fixing broken fixtures and replacing appliances due to intentional destruction by tenants who sought to destroy the place ... I've become quite good at fixing drywall holes in walls where tenants put their fists or furniture through the walls. Or in one living room wall, I got a deal on rough cedar paneling and covered over an entire dry wall structure with the wood texture surface to hide the damage of a 1 1/2 story wall. Yes, I could have prevailed in court for a damage claim against the deadbeats ... but they are judgement proof; ie, they carefully have no assets, no bank accounts, and no steady job income to garnish. It's a way of life for some of these folk ...
Funny thing is, in Colorado laws are more favorable to landlords than tenants compared to other states.
Try searching terms like landlord friendly states, or "landlord friendly or tenant friendly laws" - Colorado comes up in the top 3-5 landlord friendly states pretty consistently. Here are a couple, for example:
The "renter" in this case - according to the OP - had arrests (unlawfulness) and was engaged in death threats (instability). Why we should come to his/her rescue and put his/her rights over the home owner, is beyond me, whether by law or not. The home owner posted the availability on a church bulletin board, was trying to help out, and gave this person a chance. Maybe this is some kind of backlash against those who attend church and try to help others. In times past, when people could think more clearly, the laws and the community were fully behind the owner in cases like this. That's obviously gone now.
This is a reminder of the sorry state of our modern "legislators" and even us. Nobody even reacts or stands up any more to injustices like this; we just lay down and let other's run over us. Just because a law exists doesn't mean it's written in stone. It might be a huge surprise, but this country has traditionally acknowledged that ineffectual and counterproductive laws can and should be challenged, and be open to rewriting or invalidating. The existence and non-existence of laws is held equally. But many in CO (and some other states) obviously do not seem to understand this, and expend any energy in standing up for our rights. The TABOR saga might be another example of this. Rejected by other states, not existing in any other states, and disliked and inconvenienced by many in CO. Despite the numbers, it lives on... the elephant in the room.
Last edited by Sunderpig2; 09-01-2016 at 11:13 AM..
After reading this I'll give up any notion of renting out the vacant rooms in my house. Nice education here!
Exactly. For all the horror stories I've read in these forums you can be assured is why I will never be a landlord; that plus the difficulty of buying / selling real estate and tying up money in such hard to liquidate assets.
I stick with stocks, ETFs, REITs, CEFs and other vehicles in the stock market where I can get 8-12% in dividend payouts. I can buy or sell such assets in mere seconds with the push of a button on this very keyboard and I don't need lawyers or the army of contractors and supporting tradesmen as I would with a portfolio of homes. For those who do it they have my admiration, but for sure it's not a business for just anyone.
I have a moral dislike of owning SFHs or THs for rental purposes. Because taxes are too low we have hundreds of billions of dollars sloshing around out there that's chasing after "investment" properties which drives up the price of housing which prices-out the young and lesser income folks. IMO we are nearing bubble territory in many markets as investors and hopeful owner/occupants vie against one another for what essentially is a limited inventory of dwelling units. Part of this rush to housing is by investors who can't find yield with such low interest rates on CDs and with stock prices largely going sideways in a range-bound market. I invest as stated above and accept the risk that comes with these choices. I hope we revise our tax laws to reduce the attractiveness of investing in SFHs and THs, except for owner-occupants.
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IANAL, but in most states, I believe if you, as the landlord are occupying the same space as the tenant, many of the protective laws along with protected statuses are nullified.
IE: If I am a male and own a residence and plan on renting out a room in my house, I don't have to rent to females or people with kids, or Asians or whatever else as it is my primary residence.
In the case of the OP, the tenant is a risk and danger to the OP and the OP's family. What could start as a suicidal thought could end as a homicide. In most states, it's a 30 day notice for month-to-month. All you have to do is tell the tenant that you have decided that you need their room back and they have 30 days to vacate.
"Notice to Quit or Vacate" Means that you do not have the option to correct the problem and you must leave the rental unit within 3 days. You may receive this notice if you have broken the same condition of the lease several times. You may also receive this type of notice if you have committed a "substantial violation", usually an act of violence or a drug-related felony. You may also receive such a notice at the end of the lease period, although it is not required, unless there is some provision for it in the lease. Generally the lease will require more than three days' notice.
Nowhere in this thread did I suggest that I agree with these lawless attitudes or laws that protect such behaviors ...
and, in fact, I don't.
but they are the reality that I must deal with as a Colorado LL with most of my RE portfolio & assets there.
And they are, unfortunately, the situation that the OP must deal with in having an adverse situation with a tenant in her house.
PS: I'm fairly well versed in the founding father's discussions re civil liberties/responsibilities/rights of the people/limits of government ... Federalist Papers and associated documents have made for most interesting reading and foundation of my viewpoints, among many reasons why I left Colorado two decades ago after 30 years there and established my primary residence in another rocky mountain state.
Perhaps you even share my viewpoints re the divide in this country today between the folk who work for a living vs those who "vote for a living". Personally, I'm well past retirement age and still work full time at several different jobs/businesses ... in addition to being an active farmer/rancher which is a full time occupation unto itself.
To put this in perspective ... decades ago when I bought my investment properties in the Colorado mountains, my dream was to retire in Vail with enough cash flow to support my aviation, boating, skiing, and fishing habits. I've watched Colorado morph into something entirely different in the last numbers of years than what I'd bought into, and have realized that it's not where I'd want to retire anymore. A place to visit, do some skiing or fishing ... but not to reside there anymore.
As I've repeatedly pointed out in C-D forums, my education into the rights of CO LL's and Tenants came with a substantial personal cost. When one sees 50% of your potential gross income from a rental property in a year lost to an eviction battle, it's a significant loss. And the cash flow is horribly affected when you're still having to make the mortgage payment, the tax bill comes due, and the insurance policy needs to be paid. That doesn't take into account the ongoing maintenance, utilities, or repairs that a property requires as the months go by. Not to mention such things as days lost to cleaning out the abandoned effects of evicted tenants, multiple pick-up truckloads of trash to the county solid waste disposal dump, repainting, recarpeting, fixing broken fixtures and replacing appliances due to intentional destruction by tenants who sought to destroy the place ... I've become quite good at fixing drywall holes in walls where tenants put their fists or furniture through the walls. Or in one living room wall, I got a deal on rough cedar paneling and covered over an entire dry wall structure with the wood texture surface to hide the damage of a 1 1/2 story wall. Yes, I could have prevailed in court for a damage claim against the deadbeats ... but they are judgement proof; ie, they carefully have no assets, no bank accounts, and no steady job income to garnish. It's a way of life for some of these folk ...
Sunspirit,
I can empathize with your experiences as a Lsnd Lord. Unfortunately Land Lords are associated with the 1% group that the Liberal Democratic party has demonized. Since renters outnumber Land Lords unscrupulous politicians cater to the group with the most votes. However it isn't JUST Land Lords that suffer from the actions of DEAD BEAT tenants but the honest renters that pay more in rents to make up for the deficits created by those LOSERS.
One thing I would like to see is Mandatory Drug Testing for all recipients of Public Assistance. Maybe then SOME of these deadbeat tenants would get their priorities straight.
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