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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34246
Experience:  16 years real estate, Realtor. Landlord 26 years
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My best friend rented a place and could no longer afford it

Customer Question

My best friend rented a place and could no longer afford it on her own so she asked my husband and I to move in and take over the lease that was to remain in her name. It was a mutual agreement as it benefited both of us. We've now been here for 3.5 years and she tells me that she wants us out now. We're in the middle of the lease so I asked her if she was sure she wanted to do this as we would not be able to afford to pay out the remainder of the lease as well as the early termination fee. she told me that she wanted me out by the 5th of August and this conversation took place on the 3rd of August I told her there was no way that we would be able to be out in two days and that we had to have a 30 day notice to move out. now to be vengeful she has called the leasing office and told them that we are not the original tenant he is threatening to have the police come by the house and you have the locks changed if we are not out by the end of today which is literally impossible what are my rights here? I live in the state of Colorado
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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First, neither she nor anyone else can have you forcibly put out and change the locks or that is an illegal eviction and you could call the police and they would tell her that she has to restore you to possession and then you could sue her for an illegal eviction.

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Second, in order to legally force you out, she would have to properly terminate your tenancy with 7 day written notice to terminate. If you didn't vacate within that 7 days, then she would have to go through a formal eviction in the courts to get a judgment of eviction and a writ of possession to have the sheriff execute to force you to move. This process takes between 3-4 weeks depending on the court's and the sheriff's schedules..

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Thanks

Barrister

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