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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53705
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My sister allowed my daughters boyfriend to move into her

Customer Question

My sister allowed my daughters boyfriend to move into her home under the premise that he not drink. He has lived there 10 weeks and has had several bouts of verbal abuse directed towards my sister, her foster daughter and my daughter. He and the police both say we can not evict him. Please advise. He was to pay $225 a month rent. He has paid $300 for 10 wee,s.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Richard replied 7 months ago.

Good morning. My name is ***** ***** I look forward to helping you.

You can get him evicted; it's just that you have to follow the legal process to avoid being accused of an illegal eviction if he will not leave voluntarily. When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 10 days. If he does not leave voluntarily, under Colorado law, you will then need to give a 3-Day Notice to Quit...meaning he must vacate the premises within that period or face formal eviction. Then, if he still has not left, you will have to file a petition for an eviction order. Once that is can have the sheriff evict. Unfortunately, you are not allowed to move his stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. BUT, in the interim, if he poses any threat to your daughter's (or the others in the house) person or property, you can get a restraining order to get him out of the house immediately while the eviction process runs its course.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force him out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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