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Need Legal Advice

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Old Oct 23, 2007 | 08:36 PM
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Ok here's the long and short of it:

- All of our rent is current (paid until the end of this month)
- The "Land-lady" is really just a tennant (we both pay rent to the owner), but has responsibility for managing the property (horse ranch)
- Last night our dog was sick, so my wife put some dirty bedding in the laundry.
- The land lady basically banged on our door (she lives above us) and started yelling at us to not do our laundry so late.
- I tried to explain the situation, but she became belligerent and kept yelling at us. I told her that she didn't have to be such a bitch about it, and she told us that she wanted us gone.
- We've never broken a lease agreement or been overtly noisy during the two years we've been living here.
- This morning she tried to hand my wife a check for the remainder of the days left in the month, and demanded that we vacate by tonight at 10pm.
- The law for breach of lease agreement is a minimum of three days before eviction proceedings can occur. She must first submit a written notice before the three day period begins. She has not yet submitted anything written.
- Our initial lease term has long since expired, and we've been paying month to month ever since.

So I need to know how long I have. Is it the three days, or is it until the end of the month that we've already paid for? My wife and I are freaking out because there is no way we can both find a new place to live and move all of our crap in three days. Not to mention I have a very important deadline at work on Friday, and there's no way I can both finish my work and move at the same time.
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Old Oct 23, 2007 | 08:43 PM
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She can't do SHIT. You can not evict in the state of COLORADO without a court order.

The 3 day rule requires a court order too!

stick this up her butt.
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Old Oct 23, 2007 | 08:44 PM
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Colorado Evictions without Court Order

As in most states it is never legal for a Colorado landlord to evict a tenant without a court order.

When a Colorado Tenant has Broken a Condition of the Lease

Before filing a suit to evict a tenant for noncompliance with lease conditions, the landlord must post a written, signed demand in a conspicuous place for delivery of possession of the premises. The notice must state the reason the landlord believes the tenant is in violation of the lease and give the tenant three days to either move out voluntarily or correct the violation. (Noise violations are particularly difficult issues for both landlords and tenants regarding eviction.) After the written notice has been posted and if the tenant has not moved out by the end of the three days and has not corrected the violation, the landlord may file an eviction suit at the local Justice Center. In computing the three day notice the first day is excluded. Therefore, the three day period begins the day following the posting. The start of the three day time limit begins running whether or not the tenant discovers it posted. Also the time continues to run regardless of whether it is a Saturday, a Sunday or a holiday.

A. Three Day Notice Colorado
If the proper three day written notice has been given to the tenant, the tenant should immediately call the landlord, the Community Mediation Service (if applicable), and/or legal counsel to attempt to resolve the issues, or comply with the lease (if the eviction is for breaking a clause of the lease, e.g., non-payment of rent, noise, pets, guests.) If the situation has not been remedied within the three-day time period, the landlord may initiate an eviction suit under a specific procedure set forth by laws of the State of Colorado in a statute entitled "Forcible Entry and Detainer." (Section 13-40-101 et seq., C.R.S.)

The Colorado landlord may not lock the tenant out of the premises, shut off the utilities or forcibly move the tenant or his/her possessions out of the building. Once the landlord has obtained a court order for eviction the sheriff may be called in by the court to perform such functions.


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Old Oct 23, 2007 | 08:49 PM
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good looking out s2000raj.
the most important thing you need to do now is understand/know your rights before you act out and what the current laws in your state allow.
if you're still confused or mixed up speak to a lawyer that specializes in the industry OR contact the RHA.
They won't give you legal advice but will take the time to explain the laws.
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Old Oct 23, 2007 | 09:19 PM
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Originally Posted by s2000raj,Oct 23 2007, 09:44 PM
Colorado Evictions without Court Order

As in most states it is never legal for a Colorado landlord to evict a tenant without a court order.

When a Colorado Tenant has Broken a Condition of the Lease

Before filing a suit to evict a tenant for noncompliance with lease conditions, the landlord must post a written, signed demand in a conspicuous place for delivery of possession of the premises. The notice must state the reason the landlord believes the tenant is in violation of the lease and give the tenant three days to either move out voluntarily or correct the violation. (Noise violations are particularly difficult issues for both landlords and tenants regarding eviction.) After the written notice has been posted and if the tenant has not moved out by the end of the three days and has not corrected the violation, the landlord may file an eviction suit at the local Justice Center. In computing the three day notice the first day is excluded. Therefore, the three day period begins the day following the posting. The start of the three day time limit begins running whether or not the tenant discovers it posted. Also the time continues to run regardless of whether it is a Saturday, a Sunday or a holiday.

A. Three Day Notice Colorado
If the proper three day written notice has been given to the tenant, the tenant should immediately call the landlord, the Community Mediation Service (if applicable), and/or legal counsel to attempt to resolve the issues, or comply with the lease (if the eviction is for breaking a clause of the lease, e.g., non-payment of rent, noise, pets, guests.) If the situation has not been remedied within the three-day time period, the landlord may initiate an eviction suit under a specific procedure set forth by laws of the State of Colorado in a statute entitled "Forcible Entry and Detainer." (Section 13-40-101 et seq., C.R.S.)

The Colorado landlord may not lock the tenant out of the premises, shut off the utilities or forcibly move the tenant or his/her possessions out of the building. Once the landlord has obtained a court order for eviction the sheriff may be called in by the court to perform such functions.
I read this earlier today, but am still confused. Does that mean that we have to move within three days of receiving a request to vacate, or does that mean that we have three days after the end of this month which we've already paid for??

In other words:

Is it 10/23/07 + 3 = 10/26/07

or

Is it 10/31/07 + 3 = 11/3/07
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Old Oct 23, 2007 | 09:29 PM
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It means that 1. they need to give you written notice before the 3 days starts.
2. that written notice must show how you have broken the lease.
3. If you do now leave in the 3 days they have to get a court order to get you out
4. They can not lock the tenant out of the premises, shut off the utilities or forcibly move the tenant or his/her possessions out of the building. Once the landlord has obtained a court order for eviction the sheriff may be called in by the court to perform such functions.

So basically without a court order they can't do anything to you.
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Old Oct 23, 2007 | 09:48 PM
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and after you've shown her that she can't do a damn thing, I'd go buy some tennis balls, wait until it's good and late, put them in the dryer and set that thing to run for as long as possible... all night, if necessary.
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Old Oct 24, 2007 | 05:50 AM
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Originally Posted by tritium_pie,Oct 23 2007, 10:48 PM
and after you've shown her that she can't do a damn thing, I'd go buy some tennis balls, wait until it's good and late, put them in the dryer and set that thing to run for as long as possible... all night, if necessary.
I'm not going to stoop to her level. She had her music BLASTING this morning at 6am. What a miserable person. And I still haven't received a 3 day.
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Old Oct 24, 2007 | 07:07 AM
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If she has the music blasting at 6am, call the police. She is disturbing the peace.
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Old Oct 24, 2007 | 02:05 PM
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Let me take a guess:

She's single or divorced
She's going through her menopause

So she can't do anything to you, but I would consider moving out whenever you're free from your work or found a better place.
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