Check out some similar questions!

TonyaBrock · Sep 13, 2011, 05:27 AM

I live in Colorado. My landlord does not have a written lease agreement from me. Does anyone know what they can do? My research shows he can't evict me in less than 3 months due to the time I have occupied the residence. I can't find any information on situations without a signed lease agreement. Can the legally charge a late fee and a daily fee for every day past that? Your help is appreciated.

LisaB4657 · Sep 13, 2011, 05:59 AM

What would be the landlord's reason for evicting you? Non-payment of rent? Violation of rules? Just doesn't want you as a tenant anymore?

The time for eviction depends on the reason for eviction. Tell us more about the situation and we can give you a better answer.

BTW, if you don't have a written lease then you are considered a month-to-month tenant under Colorado law. Here is a Tenant Handbook for Colorado that will give you more info: Landlord-Tenant Handbook CYF1CMS1

joypulv · Sep 13, 2011, 06:02 AM

WHY are you being evicted? A CO landlord has to give 3 months notice to quit when there is a year or longer lease, AND there is no cause for eviction. You are being evicted I assume for cause, such as non payment?

You will be evicted in the time it takes the court past the filing of the eviction papers. Late fees must be spelled out in a contract. 'Daily fees' too, unless that's just the amount of rent in arrears?

Again, we need to know why you are being evicted.

tickle · Sep 13, 2011, 06:06 AM

Anywhere I have researched states that tenant can be evicted (in Colorado) on a three day court ordered notice served by the county sherrif. I don't know why any landlord would have to put up with passing an eviction notice that takes 3 months to take place. In fact this is stated in LisaB's link.

Not enough information provided from the OP as to why they have to be evicted and there are many reasons who this can happen.

Tick

Tick

RickJ · Sep 13, 2011, 06:47 AM

Lisa is right: Refer to the Landlord Tenant law link for Colorado.

Joy brings up another good point.

1. The landlord can file the eviction notice if you have not paid rent - or if you have failed to confirm to notices given for other issues.

2. If the landlord simply wishes to not continue with the "month to month occupancy" s/he can give you a notice to move (based on CO law) which is probably 30 or 60 days.

Either way, Tickle is correct in that the whole process would probably not take 3 months.

If you are actually evicted, and the court grants it, the whole process would be more like 30-45 days.

If the landlord issues a notice that s/he is not renewing the month to month occupancy, then the process would be more like 60 days or so.

TonyaBrock · Sep 18, 2011, 08:19 AM

I have never signed a lease. Am being evicted for non-payment. Have been given 3 day notice. I called the landlord but they did not return my call. At a loss as what to do next. Your help is appreciated.

LisaB4657 · Sep 18, 2011, 08:32 AM

If you've received a 3 day notice for non-payment and still haven't paid in full within the 3 days then the landlord can file a lawsuit for eviction. The court will schedule a trial and if you don't have a valid defense then the court will issue a judgment to the landlord. Then the landlord can make arrangements with the sheriff/constable to perform the eviction.

If you pay in full anytime between now and when the court issues a judgment then the eviction will be dismissed.

If you're not able to pay in full now then one option which may be available to you is to make a payment schedule with the landlord. However if they're not responding to your calls then you may not be able to discuss a payment schedule with them until the day of the trial. If you still haven't spoken with them before the court date, make sure you bring some cash or a bank check to court with you to offer as part of a payment schedule.

Good luck!

TonyaBrock · Sep 19, 2011, 06:00 AM

Thanks so much for the information Lisa. This is very helpful to know what my options are. I really do appreciate your answering so quickly.

LisaB4657 · Sep 19, 2011, 06:15 AM

Originally Posted by TonyaBrock

Thanks so much for the information Lisa. This is very helpful to know what my options are. I really do appreciate your answering so quickly.

My pleasure! Good luck!

ScottGem · Sep 19, 2011, 10:23 AM

The 3 day notice is a pay or quit. If you pay, the notice is moot. If you don't pay AND don't vacate, then the landlord goes to court for an eviction order.

The fact that you did not sign a lease will not matter much here. It could preclude the landlord charging late charges. But and a month to month tenant, either can end the tenancy with one month's notice. If you do pay so that the eviction is forestalled, he can then decide you are too much trouble and serve you with a 30 day notice. That will not give you the option of paying up and staying.