How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33803
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

If in Denver Colorado, if a tenant has left the premise, but

Customer Question

If in Denver Colorado, if a tenant has left the premise, but hasn't collected their stuff, do they still have to be served with a 30 day notice? And does the landlord have to allow access to the premise or can they put the tenants belongings on the curb for pick up? This situation involves a woman who is trying to remove an abusive boyfriend from the home.
Also, if the boyfriend partly owns a vehicle belonging to their child, can the mother refuse his rights to the vehicle? He has taken the child's car key and will not give it back.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very 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 or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Is the woman the owner of the home?

.

Is there any type of written lease contract between woman and man?

.

What type of property has the man left on the premises?

.

Has he returned the key to the woman?

,

,

thanks

Barrister

Customer: replied 4 months ago.
she owns the home. There is no legal contract for tenancy between the two. The property is a single family home. And he hasn't returned the keys yet, and may be a danger to her and her children.Police were involved in the dispute. The boyfriend didn't want to allow access to a vehicle he partly owns with the woman, to the child that's not his; the vehicle belongs to their mutual child. The man became physical, and started choking the daughter of the woman, and the daughter was trying to defend herself. Other family members tried to come to the rescue and he called the police, though he initiated physical violence. He then left the property, but the home owner doesn't want to allow him access. She fears for her safety and the safety of her children. And would like to know if she is within her rights to change the locks on her home and the vehicle they are financing together. They do not have the title.
Customer: replied 4 months ago.
My apologies, I didn't respond to one of your questions. The property left on the premises are clothes, and a tv.
Expert:  Barrister replied 4 months ago.

I apologize for the delay, I am in and out of my office on Sundays..

.

Ok, the simplest way to get the BF out if there has been domestic violence would be if the GF filed for a restraining order against him. That would prevent him from returning to the property at all, and only to retrieve his property if he had a police escort.

.

If she is the owner of the home, the other way would be with her formally giving him a written 7 day notice to vacate and then pursue a formal eviction through the courts. She can post the 7 day on the front door of the property, then take a picture of it, and mail him a copy certified mail so she has proof of posting it and attempting to deliver it.

.

Then she would have to file a formal eviction action in court to get a judgment, a writ of possession, and have the sheriff execute the writ to formally return legal possession to her so she could prevent him from returning and dispose of any of his belongings. Time frame...probably 3-4 weeks depending on the court's and sheriff's schedules.

.

So she basically has two options... restraining order or formal tenancy termination and eviction through the courts.

.

.

thanks

Barrister

Related Real Estate Law Questions