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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I served an eviction notice to a tenant who is in lease

Customer Question

I served an eviction notice to a tenant who is in lease violation, violation of single occupancy agreement. This is a house share where tenants must respect the peace and quiet of others, especially at night. Tenant insists that she has the right to have her 2 grandchildren (both under two years age and both scream throughout the night) move in and occupy this residence because it is inconvenient for the children's mother to pick them up every day. Under the guise of "visitors or company", tenant and family have de facto asserted their "right" to use this residence as a free day care center for minors with unlimited assess to the residence and disturbance to others regardless of day or night, causing disturbance to another tenant as well. I have served a need to fix notice to the tenant before, and talked it over time and again, to no avail. I used the eviction notice template downloaded from law depot.com citing the reason for eviction and gave her 2 weeks notice. I presented the notice by hand while being video taped by a friend, sent a certified notarized copy of same by mail, and posted a copy on tenant's door. Tenant insists that I have no legal right to evict and states refusal to leave on eviction date deadline.
So, what do I do next?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

You do not state which state your property is in, (if you provide that to me I may be able to find you some more resources), but the overview ill work like this:

"Eviction" is a word that is often misused and it leads to a lot of confusion, to help, here are the steps in terminating a tenancy:

Terminating a tenancy-

1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property).

2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge.

3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction."

4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").

Customer: replied 1 year ago.
This is in state of Colorado. Tenant is stubborn, need info on "Forcible eviction". Also, what is your overall assessment of the situation?
-John
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Here is a link to the Colorado Court's self help site for evictions (it will have the necessary forms, along with some other information to assist you).

I cannot provide you with a formal legal opinion, but based on what you posted you certainly have a legal basis to terminate the tenancy (I do recommend landlords retain legal counsel to represent them in an eviction (especially if it is your first one), it isn't necessary to do so, but it will help ensure you do not miss a procedural requirement or deadline, and will help ensure that the tenant is out of the unit in the least amount of time possible.