Hi my name is George my sister convinced me that I should let me niece move up here from Florida so I did and it has Ben heck ever since her and my sister are fighting day after day she don't clean up after herself she has to be told to and then she sometimes cleans up she won't look for work because she works for McDonald part time she brings pot into my app after she was told not to she quit her job because she clams she needs to go back to school she verbal assaults her son too I have told her to get out about three or four times but all she tells me is no what can I do she knows I want to move at the end of agus and she knows I can't if she won't leave I am at a wall she is going to cost me the new app and she is glad she has paid 2.5 months electric and some food

Why can't you move if she doesn't leave? MOVE without her------NO forwarding address! What's the difference in if you make her move out or you move?
By the time you do a written eviction and then take her to court it would be the end of August anyway. So move and let her go where ever she would as if she was evicted. You have no obligation to stay there for her to continue as she is

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Originally Posted by N0help4u

why can't you move if she doesn't leave? MOVE without her------NO forwarding address! whats the difference in if you make her move out or you move?
By the time you do a written eviction and then take her to court it would be the end of August anyway. So move and let her go where ever she would as if she was evicted. You have no obligation to stay there for her to continue as she is

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This advice could be very bad. If George is currently on a lease and wants to move out at the end of his lease, and if he moves out and his niece stays, the lease rolls over into a month-to-month lease and the OP remains responsible for the rent even though he isn't living there. If he has a security deposit with his current landlord he will not get it back until after the apartment is empty and possession is returned to the landlord.

To George: Tell us more about your situation. What state are you in? How long has your niece lived with you? Did you have an agreement about how much and how often she would pay rent? Do you own the property or are you renting from a landlord? If you are renting, do you have a lease? When does it end? Is there an automatic renewal? Once we know these things we can tell you the steps you need to take in order to get her evicted.

IF his lease is up and he moves why would she be 'allowed' to stay?

Doesn't sound right to me. I just got evicted and my son would not have been able to stay even though the eviction was only on me at the court.

He said he is in Colorado

She wouldn't be "allowed" to stay. But then the landlord would have to evict her. However the landlord can decide to let her stay, in which case legally George is still responsible for the rent since she was his subtenant. If the landlord decides to evict her then George is responsible for the rent until she is evicted, plus he is responsible for any damage she might do to the property. Plus, George won't be getting back his security deposit until she is gone, assuming there is no damage.

I missed the part about him being in Colorado but we still need to know the answers to the other questions before we can give him good advice on what to do.

I agree with Lisa, he allowed the sister to move in and she is now a resident. If she stays the landlord can convert his lease to month to month.

I would however, discuss this with the landlord, see what arrangement can be worked out. But definitely the OP should give her written notice to vacate immediately.

I live in Colorado and she has ben here since the end of feb
My lease ends at the end of agu
My landlord told me she is my problem
I let her stay here

Then you have to move now to evict her. Because of the timing, if she refuses to leave when you vacate at the end of August, you may be stuck paying the rent for Sept because you won't be able to get an eviction order until sometime in Sept. Give her a written notice that she has to vacate by August 30 or you will be forced to proceed with eviction proceedings.

Well then you need to give her a written eviction notice for (usually 10 days but depends on state law) send certified and hand her one make her sign a copy for you. After that go to to the magistrate and file if she still refuses. Do it asap so she is out before the end of August. Some people make the mistake of not getting the constible on the very last day, then are crying what to do because they still refuse to leave.

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Originally Posted by N0help4u

Well then you need to give her a written eviction notice for (usually 10 days but depends on state law) .

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Where do you get 10 days from? There is no evidence of an agreement to pay rent. Absent that, notice would have to be a full month.

I said or depends on state law. So he has to give 30 day before taking it to court?

The following comes from a site maintained by the Colorado Bar Association:

"In the case of a month-to-month tenancy, a notice to quit must be given at least ten days before the next due date of rent and terminates the tenancy no earlier than the last day of the rental period. This means that if rent is due on the first day of the next month, the notice to quit must be served on the tenant at least ten days before the last day of the month. However, a notice to quit served in the middle of the month, telling the tenant that he or she has 10 days to move, would terminate the tenancy before the full month is over, and would be insufficient."

The site is Landlord-Tenant Rights, and Obligations of Tenants

George, this means that you have to immediately give her a written notice that her tenancy is terminated and she must move out by August 31, 2013.

The site also says: "The initial eviction notice, a demand for possession, must be in writing, specifying the grounds, describing the property, stating the time when the property must be delivered to the landlord, and be signed by the landlord or the landlord's agent."

George, in this situation YOU are the landlord and she is the tenant. So you have to follow these steps.

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Originally Posted by N0help4u

I said or depends on state law. So he has to give 30 day before taking it to court?

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10 days is very rare unless it's a pay or quit notice. CO law (as pointed out by Lisa) surprises me. I thought Florida had the lowest notice time.

Too bad, George didn't contact us a couple of weeks ago he could have given her notice then and had her out by the end of Aug.

The hope is that she sees how serious he is and will get out without going to court.

If there's no agreement between George and his niece for a specified due date for rent then he can still give her a written notice today to be out by the end of August.

Looks like she doesn't pay rent just ele and food. That just may save him?

Possibly. But he has to move quickly so she gets a minimum of 30 days notice.