I need to evict a tavern tenant for non-payment of rent. In Colorado once you get the eviciton then the sherrigf comes and puts all personal property out in the street.I am concerned about this due to the liquor. Is there anything extra or special that needs to be done to evict a bar? There is enough back rent owing that we could file lien against the personal property but that seems to be considered a risky thing to do.
State/Country relating to question: Colorado
We have served the 3 day eviction notice.
We need to start the court paperwork.
Thank you for using Just Answer. If you require clarification, please feel free to post a follow up question.Other than putting the liquor on the curb, you can secure the bar (i.e. change the locks) and make arrangements to store the inventory. Notice should be given to the tenant and a lien can be placed on the inventory. If they do not pay the judgment and the lease contains the terms, you can sell off the inventory if the tenant does not redeem the property.
Well as far as I can tell the Sherrif is only responsible to make sure the personal property gets out of the premises. He will watch to make sure that all personal property is out and that as the Landlord we do not steal all the items that are set out on the street. They tend to frown on the Landlord taking the items.
I have never seen a larger business have any of their property dumped on the street. That only seems to happen for houses and some small offices. Are you saying that we can make arrangements, possilby with the tenant, to remove and secure the property temporarily in another location prior to the sherrif showing up to make sure the place is empty?
If I were to file a lien on the property can it just be secured on site and then not be removed?
Would it be better to try and negotiate a trade of the property for the back rent? I dont know if the courts could handle this in a settlement or as part of the eviction.
Dont get me wrong. I have no desire to own or run a bar. I am just trying to get my rent value.
You can not put liquor out into the street. The liquor licensing commission would need to be notified. If you can make arrangements to settle with the tenant that would be, obviously, less complicated than litigating the matter. You can not just start operating the bar without dealing with the licensing issues.Since the liquor is not for retail sale, it is regulated by the state licensing commission and they have to be involved in any disposition.If the bar will release its claim to the liquor and a new tenant can be placed who can take over the license, that is also a common resolution to bar evictions.
Hmmm... I figured the liquor was an issue.
Because of that I was really worried about trying to do this evicition Pro Se.
The tenant says he is trying to sell the bar.
Meanwhile he is still not paying rent.
And I am out the prorated utilities amount.
Maybe the reason I never see bars visibly evicted... instead the name suddenly changes ... is because they get settled or replaced with a new tenant?
So if we go through with the eviction from the courts (it should take about a week) and writ is only good for posession then we still have to do something else regarding the outstanding balance.
Would that be handled by the real estate court of would it move to a civil suit or claims action against the business or personal guarantee?
You would have a regular civil suit against the guarantor. Regarding the sale of the bar, if they do sell it they will need to assign the lease. You can insist on the tenant's account being brought current before consenting to the assignment. You will have leverage at that point.
Over 25 years of legal experience.
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