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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36240
Experience:  16 years real estate, Realtor. Landlord 26 years
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I am a traveling crane operator and I am currently living in

Customer Question

Hello I am a traveling crane operator and I am currently living in Colorado working 72 hours a week on a project. So I have a 2014 45 foot 5th wheel trailer that I inhen I'm away from home working on the road that I have had in a local RV park for the past 5 and a 1/2 months. I have not had any problems since the I moved my 5th wheel into the location.
Now recently I had a very strange problem come up (my wife found a pair of women's underwear in laundry basket that was not hers that prompted a very serious argument that got a little loud and she called the police to have them tell me to leavehing like that at all. Once cooler heads prevailed she realized that the women's underwear came from the on-site laundry facility and got mixedth my things by accident when the cleaning lady removed my items and someone else's to clean the washers out. So after 2 days of being goneingseturnednormal).
Approximately one week later we recieved a notice to quit form taped to our door. The grounds for termination are stated asuch:On-going violation of "quiet possession": Residents will not make excessive noise or allow activities at their unit that would interferewithordisturbtheirneighbors......WE HAVE NEVER HAD 1 SINGLE PROBLEM OR COMPLAINT IN 5.5 MONTHS! NO ONE HAS EVER ASKED US TO BE QUIET. NO ONE HAS EVER EVEN ASK US ABOUT THE ONE NIGHT WE HAD A LOUD ARGUEMNT! THERE HAS BEEN NO MENTION TO US WHAT SO EVER ABOUT BE LOUD OR HAVING EXCESS LOUD NOISE.
On the notice to quit it says that our tenancy of the land described is terminated as of January 3, 2016 at 12:00 noon and we are to accordingly notified to vacate the said premises and surrender possessions thereof on or before said date and time.
THIS IS A VERY BIG PROBLEM FOR ME. What are my options if any? Is this an acceptable method of eviction according to the tenant laws if I have never been contacted for this alleged violation in any way....no email, no phone call, no mail, no note on the door, and no mention of this alleged problem or situation when I was in the office paying my rent on December 5th, 2015?
I work 12 hours days 6 days a week with a*****to work and*****home from work and really do not want to move nor do I have the time to move that quickly with my work schedule and of course I procrastinated for the last 8 days because of the holidays. I own my 2014 45 foot 5th wheel trailer out right, no loans or liens and have the finacial wherewithal to hire a lawyer I actually thought I had until next weekend to move but I was wrong.
• What are my options if any?
• Do I have any time after tomorrow at 12:00 noon before the police come and force me to leave (there is not a notice of a court date at this time).
• Is this an acceptable method of eviction if I have never been contacted about any of this at any time prior to having the noticed taped to my front door?
My wife is home most of the day and I am home every Sunday all day long and every evening. So it's not like we are not home and available.
This is an accurate account of everything that has taken place over the last 5.5 months. Matter of fact every encounter has been very friendly with the RV park management the entire time we have been there.
Any information would be helpful.
Thank you
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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Are you under a fixed term written lease or are you month to month?

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Have you talked to the management about the situation and explained what happened?

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Was this a 3 day notice to quit or some other duration?

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,

thanks

Barrister

Customer: replied 1 year ago.
There was no specific term in the lease. When we signed the lease we told the management that we would be staying for no less than 12 months as the project I am currently working on was scheduled to last 10 months but sometimes project over-runs and weather delays could keep me on site 12 months but that being said I do not remember anything stating the length of the lease. I'm pretty sure since it is an RV park they had just a very simple lease. There was no mention of the term. No month to month and no 6 month or 12 month.... It seems strange now but didn't at the time.
I have not spoke to management about any of this yet. I always consult with a professional first so I don't go into the situation blindly. I have seen management a few times before the notice was placed on my door and they never said anything about anything. Nothing about a 30 minute kinda loud ARGUEMNT with my wife, nothing about any police, and no one has ever mentioned a single complaint to either myself or my wife. My lot rent is due on the 5th of every month and the incident happened on December 1st, when I went in to pay my rent to management in person (to see if they would say anything about the arguement that took place) nothing was said at all about any misconduct, or lease violations. I sat and made small talk for 15 minutes with them and had gave them ample opportunities to mention something but they didn't say a word about it. So I smiled and thanked them as I walked out the door.
From the time we recieved the notice we had 2 weeks to quit. The notice stated the there was an on-going violation of "quiet possession" but we have never been contacted for anything what so ever regarding Quiet possession. And they do not hesitate to contact us if we are doing something wrong. The only thing we have ever been contacted about was when we first moved in to the lot my wife parked her car in front of the trailer on the concrete pad that is for parking and within an hour of her being parked there they came up to the house and told us that we are not allowed to park a vehicle in that space and that we had to park in an overflow lot. We instantly complied and that never happened again and was never mentioned again.
Expert:  Barrister replied 1 year ago.

Ok, then if you don't have a fixed term lease, you are considered a month to month tenant by default..

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But under CO law, if you are month to month, then either you or the landlord can terminate your tenancy with a 30 day written notice to terminate. There is no requirement under the law that either party provide a reason for the termination, although they can if they want to. Colorado Revised Statute § 38-12-201

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So, from a legal perspective, they could terminate your tenancy with a 30 day notice to terminate at any time, for any or no reason at all.

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However, that doesn't mean that they can force you out after 30 days. If you failed to vacate, then they would still have to file a formal eviction action in court in order to get a judgment and a writ that the sheriff would execute to force you to vacate. This typically takes about 3-4 weeks, depending on the court's and the sheriff's schedules.

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So they can terminate your tenancy, but can't force you to vacate until they get a court ordered judgment of eviction..

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But here, if they only gave you a two week written notice, then that wouldn't be procedurally adequate to terminate your tenancy since the law clearly states that they have to give you 30 days notice. So if they tried to evict through the courts, you can appear and show the judge the defective notice and he should throw the case out..

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thanks

Barrister

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