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I have several questions. We leased our tavern & tenants are

I have several questions....
I have several questions. We leased our tavern & tenants are late in rent, therefore we are evicting them. They are now suing us (don't know why). I need help understanding the court order language. How can they sue us when we have documents showing that they have been late & they even canceled the electricity bill before we even sent them the eviction notice?
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Answered in 1 minute by:
7/20/2013
Ellen
Ellen, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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*Nothing herein is intended as legal advice, only intended as general information to better help yourself.*

Hello,

My name is XXXXX XXXXX I will do whatever I can to answer your questions!
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Customer reply replied 4 years ago

Tenants were late on June's rent and we sent them a 3 day possession of property on June 30th and come July 1st they were late for June and July so we sent them another 3 day possession for June and July's rent on July 2nd. On the 3rd of July they went to the Weld County and dissolved their liquor license without us knowing, and then on the 9th they called United Power saying, "they are closing their business and they have moved out and the electric service needs to go back to Landlord. We have documents of both the Weld County and United Power indicating they have stopped both. Went to court on the 19th and 1 hour before hearing, tenants gave us Answers to Complaint. The Magistrate indicated that since this was done, we need to reschedule a hearing for the 26th and on the 22nd we need to disclose information to each other. Tenant also indicated that he was going to the District Court to file judgement against us. We have no clue of why? Can the judge ask us to do both trials at the same time or can we just try and evict them and what more can we do to get them out. We tried calling them to just have them leave but they refused.

What was the substance of the answers to the complaint
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Customer reply replied 4 years ago

They are indicating that they have never been occupants or residents of the property but the property is leased to Amigos Night Club LLC (Their business). That the facts are being misrepresenting and misleading to the Court. That i am not party to this lease (which is true, I am just helping my parents because they are 75 and 80), that I am saying I'm an attorney and that I should be in contempt of court according to CRS 13-1-127 and 13-1-127(2). They are also saying that my mother is not an attorney. That an eviction would affect them renting an apartment in the future. They are not a party to this lease in any way. The complaint should be dismissed because to the best of their knowledge Amigos N.C. is current with the terms of the lease and has not violated the terms of the lease and the action should been brought against Amigos N.C. and not them. That Amigos N.C. is not named in this compliant and they are not legally authorized to represent Amigos N.C. and Amigos N.C. does not have to file answers to this complaint.They plaintiffs allege that we have also vacated the said premises. Again, we precisely state that we have never resided as the said premises and as such could not vacte any such premises.

Hello Martha,

Unfortunately they raise some valid points.

First only an attorney may represent a third-party. It is not lawful for nonattorney to represent even a close family member such as a parent.

Secondly, an eviction proceeding is required to be filed against the party to whom the property is leased. In this situation, if it is true that Amigos N.C.was the tenant, the individuals should not have been named in the eviction unless they were residing on the property.

I would be glad to continue our conversation and respond to any follow-up questions that you may have.

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Customer reply replied 4 years ago

What do I tell the judge - I wasn't trying to represent my parents, I was just trying to help them because at their age they get confused and stressed out right away. They wanted me to be there to help them understand what the judge was going to say. How do I explain this to the judge to keep the eviction in process?


 


Also, originally the contract was first signed as M. W. of Amigos N.C. and their home address. Then months later the County asked that we have M.W. has Owner of Amigos N.C., so we amended the contract and then had to resign the contract and then the County called again and said in order for the liquor license to pass we need to take off M.W. and just put Amigos N.C. and the address of the bar. I still have the last two copies of the contract - can we get this to be amended with M.W. of Amigos N.C. because that was originally on the eviction notice to the Courts - It had Defendants M.W. of Amigos Night Club.


What do I tell the judge - I wasn't trying to represent my parents, I was just trying to help them because at their age they get confused and stressed out right away. They wanted me to be there to help them understand what the judge was going to say. How do I explain this to the judge to keep the eviction in process?

Consider having your parents with you at the next hearing and explain that you are not representing your parents - You are only there as their daughter. Ask the judge if you will allow you to speak for your parents while your parents are in the room


Also, originally the contract was first signed as M. W. of Amigos N.C. and their home address. Then months later the County asked that we have M.W. has Owner of Amigos N.C., so we amended the contract and then had to resign the contract and then the County called again and said in order for the liquor license to pass we need to take off M.W. and just put Amigos N.C. and the address of the bar. I still have the last two copies of the contract - can we get this to be amended with M.W. of Amigos N.C. because that was originally on the eviction notice to the Courts - It had Defendants M.W. of Amigos Night Club.

This is a much more difficult problem to solve. You will need to ask the judge not to dismiss your action but rather to allow you to substitute the correct defendant

 

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Customer reply replied 4 years ago

When you say to "correct defendant" do I ask the judge or do I need to fill out a form and put this as a disclosure for the plaintiffs? Also, if the judge sees does not allow me to speak for my parents or correct defendant, will the plaintiffs be able to occupy the building until we enter another eviction notice and what happens to money they owe for rent?



Your parents will need to ask the judge "for leave to amend the complaint to correct the defendant". If your eviction notice named an incorrect defendant as well, it is very likely that the judge would dismiss the current complaint. If the complaint is dismissed you will need to start from the beginning. The rent owed will continue to accrue and the tenant may continue to occupy the property
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Customer reply replied 4 years ago

Does that mean that we/parents would leave and drop the case and refile? Or does it mean that "we are asking the judge to amend the complaint to the correct defendant? By the way, I really appreciate you helping me with this.


It is my pleasure to assist you Martha.

First you would ask the judge to allow you to amend the complaint to include the correct defendant. If your request is denied, you would then need to drop the case and refile
Ellen
Ellen, Lawyer
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Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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