Thank you for your question.
Please permit me to assist you with your concerns.
I am sorry that you have such a tenant-is there some sort of a written contract in place?
Do you have a signed or written lease?
Do the roommates each have the same signed lease, or do they each have separate agreements with you?
no. The main tenant is my neice. the offending tenant is her housemate
This woman wouldn't sign the lease
I see. how long has she been on premises?
Has she ever paid rent?
now she wont leave. Since March. She's been paying her half until September but nothing since. She keeps promising she will.
I see. In what state are you located in? Are you prepared to evict her if necessary?
She also said she was moving this past Monday but she hasn't packed or anything, My neice changed the locks and she broke in
I'm in Colorado
Yes I want her to leave befoe there's trouble
Okay, let me address each of those concerns in order.
She's kind of a bully
First, changing the locks--neither you nor your niece can do it to her. Legally she is a tenant, and as a tenant she is entitled to formal process if she won't leave.
Changing the locks is considered to be 'self help' which is not permitted in Colorado
My neice changed the locks because she is stealing form her
other examples of self help can include barring entry, re-entering her premises, forcibly ejecting her from the property, turning off utilities, or removing her things.
I understand but then your niece has to contact the police, make a report, and then potentially file for a restraining order.
She cannot keep her from the property otherwise--if she does, this person can turn around and sue you as landlord for damages of up to 3 times her monthly rent
And it will horribly slow down your ability to evict her.
Does that make sense so far?
even though she is not the primary tenant and she has n leagal right to be there?
She does have a legal right to be there
she paid rent
that gives her a right to be there, even if she is not on a formal lease.
she has not paid rent for 2 months and has no intention of paying any more
The fact you never removed her (or did not remove her yet) gave her a right and not just as a squatter but as a tenant.
even if she has agreed to go and hasn't left ?
She is then legally considered to be a 'holdover tenant' or a 'tenant at sufferance of the landlord' (meaning she is there because you so far consented and did not legally remove her.
Correct, even if she hasn't left
how do I remove her if she's a legal tenant ?
until she leaves, she is a tenant
You have to give her written notice--that is why I asked in what state you are located in as each state has different dates
how do i get her out of there ? she has been given writeen notice
In Colorado you have to give her a 3 day written notice to vacate
she has agreed to leave by this past Monday but has made no effort
she was given a 3 day on 10/21
Once that 3 day notice expires (the notice must expressly state that she must leave or pay rent and give a deadline), the next step is to take the notice and go to your local courthouse
good, so you can simply take that notice tomorrow morning and go to court
File a complaint for an eviction (the clerk may refer to it as a 'hearing for a writ of possession'
you can request that the tenant be served with a copy of the complaint and summoned to court. She can file her own response called an 'anser' to this complaint
The courts would try to schedule this as soon as possible, and then the judge will hear you in person as to why you want her to leave (non-payment is sufficient)
if you prevail, you will get this writ
take this writ to the local sheriff and request that they serve it.
The sheriffs will then come to your property and if she is still there, forcibly eject her from the premises
that takes forever here
ok. Can we put her in another room until this is settled ?
No, you cannot eject her--it would be considered self-help as you would be interfering with her tenancy rights (sorry)
an ejection can include moving her to a new space.
If she consents, then fine. But if she refuses, you would need to pursue an eviction.
so unfair . she has all the rights and she knows it
I am sorry, I truly am...the laws do tend to favor tenants, sometimes unreasonably too far.
ok what if she was the initial tenant who changed the locks ?
Same applies. Then the other tenant can break down the doors and re-enter, and then sue her for costs in lock replacement., or you can sue her for damage to your property.
neither can eject the other.
ok. I think i already know this. You've been very helpful and I appreciated your time. My neice has called the police.
That is very wise of her--she needs to pursue this as far as she can. Glad to help, truly.
Is there anything else I can answer for you?
If not, then kindly do not forget to positively rate my answers so I can obtain credit for my work. Thank you!
no thank you. I
've just spoen to a police officer and I'll follow through with it in the morning Thanks again
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