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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33769
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have rented a room years to a person, how do you get a

Customer Question

I have rented a room for 5 years to a person, how do you get a person out of your house if you do not have a lease.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months 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. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If you don't have a written fixed term lease, then the tenant is considered a month to month tenant under an oral tenancy agreement. In CO, in order to terminate a month to month tenancy, either party can give the other a 7 day written notice to move specifying the date at least 8 days in the future from the delivery of the notice that the tenancy will end.

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If the person doesn't then vacate, you can file a formal eviction action in court to get a judgment and a writ that the sheriff will execute to physically remove the person and their property.

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So ff the situation has not been remedied within the seven-day time period, you as the landlord may initiate an eviction suit under a specific procedure set forth by laws of the State of Colorado in a statute entitled "Forcible Entry and Detainer." (Section 13-40-101 et seq., C.R.S.) The landlord files a Complaint which is then served on the tenant which states a date and time for a hearing. If the landlord gets a judgment at the hearing, he can ask for a "writ of restitution" and can have the sheriff serve it 48 hours later and physically remove the tenant and his property.

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thanks

Barrister

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