Whether you're a tenant or a landlord, there may be no process more frustrating than evictions. You may hear terms like "3-day Notice", "Demand", "Notice to Quit", or "FED", and you're only question is either "how long do I have before I am out of my home?" or "how long until I can kick them out?"
In most cases, the answer is: it depends. Fortunately, the process need not be a total mystery. The fact is evictions in Colorado are fairly predictable and entirely dictated by Colorado statute. An experienced Colorado eviction attorney can provide the guidance necessary to smoothly guide you through the process. In this post series, the goal is to provide a relatively simple guideline to help you understand the basic process of eviction in Colorado. Today, we will start with the Notice requirements and what it takes to get to Court. The next post will follow up with the Court process and what one can expect at Court and the full timetable to get an Order for Possession.
Once a default has taken place, the eviction process has begun. What creates an event of default can be actions (for example: illegal action in the property), or a lack of action (the most common default, for example: non-payment of rent). Your lease, in most cases, determines what creates an event of default. If you have a question as to whether something creates a default, consulting with an experienced Colorado eviction lawyer can assist you in figuring out where you stand.
As a landlord, once an event of default has occurred you're next step is to post a Notice. A Notice comes in various forms depending on the default. In the event of non-payment of rent, you may post a 3-day Demand to pay. This gives your tenant 3 days to pay rent owed. As a tenant, if a 3-day Demand to pay has been posted, you must make the rent payment or the eviction process may proceed. Depending on the nature of default, the notice required could increase to 30 days or more. In some cases the demand must require the default be cured. In some cases the demand can simply demand the tenant vacate. An experienced Colorado eviction attorney can assist you in determining exactly what kind of Notice is required in your particular situation.
Once the time to comply with the Notice has passed or, if no cure is possible, the time to comply with the Vacate Demand has passed, a Complaint in your County Court must be filed. The timetable for filing a Complaint and holding the necessary hearing is controlled by statute and an experienced Colorado eviction lawyer can provide the necessary assistance to make sure you understand the timing involved and are in full compliance. Failing to comply with the strict timing requirement process can jeopardize the swift processing of the eviction.
In our next post we’ll discuss the Court stage of the eviction process.
Call The Arriola Law Firm at (303) 840-2539 today to discuss your eviction issue with an experienced Colorado eviction attorney.