Ref:
RE: Trashed in CO
Well... that is not how the process works.
After the delivery of the 3 days notice...wait until the morning of the 4 day..then you have to go to the housing clerk and file a petition for eviction. fill out 2 copies per tenant (names listed on the lease) plus 1 for the judge of both Forms 444 and 445. Do not sign the 444s until in front of a notary. Pick a process server befor hand..and bring a seperate envelope for the paper work and a check for him...the clerk will see that it is delivered.
Then..appear on the date appointed. (DO NOT BE LATE..the case will be dismissed if you are not there when it is read on the docket).
If the tenant shows up for court..the judge will order the payment...but if they don't show..you have to go to small claims then yourself to get the judgement.
However... I have never yet gotten a dime from a judgment.
Posted by
Deb S, NY
on
Tuesday, April 20, 2010
Ref:
RE: Trashed in CO
oops... I am sorry... I responded in the belief that you were in NY.
I don't know the law in Colorado
Posted by
Deb S, NY
on
Tuesday, April 20, 2010
Ref:
RE: Trashed in CO
The bad news is, since you did not enforce the previous notices some states will hold you partially liable as it enabled the tenant to not abide by contract and get away with it. Hopefully that is not the case with CO law. Generally the small claims court will expect for you to have followed through on your notices immediately after the contract was violated. Unfortunately small claims court still does not guarantee that you will see money from a judgment.
Posted by
Lynn S, GA
on
Tuesday, August 17, 2010
Ref:
RE: Trashed in CO
In CO: When such tenant or lessee holds over without permission of his landlord after any default in the payment of rent pursuant to the agreement under which he holds, and three days' notice in writing has been duly served upon the tenant requiring in the alternative the payment of the rent or the possession of the premises. If this has has been done according to Colorado Rental statutes, you can then file in court for a Forcible Entry and Detainer.
Posted by
Donna , NC
on
Tuesday, August 17, 2010
Ref:
RE: Trashed in CO
Presuming that your arrangment with the tenant was for rent payment on the first of every month, you should have acted when you didn't get the March rent with a nottice to the Tenant, and then after whatever grace period your state has, have your attorney file for eviction. When the Tenant arrives at court, he'll offer and/or be told that he has to pay back rent owed and new rent, however, even if he does, this Tenant will most likely continue to be trouble, so it's best if you bite the bullet and get him out even if you have to lose some months rent until you find a new suitable tenant From now on, no more "I'll pay you next month": or I'll pay you part of the rent and the rest next month. etc." Check every prospective tenant's background, employment , earnings, credit history, etc. thoroughly before you rent.
Posted by
Steve F, NY
on
Sunday, August 22, 2010
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