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MDLawyer
MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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MY MOM AND OTHERS ARE GETTING KICKED OUT IF THEY HAVE BEEN

Customer Question

MY MOM AND OTHERS ARE GETTING KICKED OUT IF THEY HAVE BEEN AT THIS COMPLEX FOR A NUMBER OF YEARS WHEN THEY RE LEASE IS UP. A BUSINESS DECISION HERS IS END OF AUGUST. FOR THE PAST MONTH WE HAVE BEEN LOOKING FOR SENIOR HOUSING FOR HER IT TAKES MANY VISITS DR APPTS.ETC OR THERE'S WAITING LISTS. CAN THEY EVICT HER ? WE NEED MORE TIME ESPECIALLY SINCE ANY HOUSING IN DENVER RIGHT NOW IS $$$.
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: THEY JUST SENT A LETTER STATING THE THE MOVE. HER LEASE HAS BEEN YEARLY
JA: Landlord-tenant law varies by city and state. Where is the property located?
Customer: COLORADO
JA: Anything else you want the lawyer to know before I connect you?
Customer: DON'T THINK SO
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 2 months ago.

Hello and thank you for using the Just Answer website. I am so sorry to hear about your mother's situation and I hope that I can provide you with the information that you need.

When you say that your mom and others are getting kicked out, do you mean that they are being evicted or that their lease is not being renewed?

Customer: replied 2 months ago.
their lease will not be renewed they are basically not making the money that they can with the Denver market. Want to renovate and charge more
Customer: replied 2 months ago.
THEIR LEASE WILLNOT BE RENEWED
Expert:  MDLawyer replied 2 months ago.

Okay, so they are not renewing all of the leases and it's not specific to your mother, correct?

When did they give her notice of non-renewal?

When is her lease due to end?

Expert:  MDLawyer replied 2 months ago.

Let me know if you are having any technical problems on your end so I can forward to Just Answer since it seems you posted a second time.

Customer: replied 2 months ago.
NOT SPECIFIC TO MY MOM DOSEN'T MATTER AGE ONLY IF YOU HAVE BEEN THERE A LONG PERIOD OF TIME. WITH THE DENVER HOUSING MARKET THEY WANT TO COAME IN AND RENOVATE AND CHARGE THE GOING RATE. THEY GAVE HER THE NOTICE VERY END OF JUNE HER LEASE IS UP AND TE ENDMOF AUGUST. SO IS A FRIEND OF OURS WHJO'S MUCH YOUNGER THAN MY MOM.
Expert:  MDLawyer replied 2 months ago.

Thank you for the additional information. In responding, if you could type regularly rather than in call caps, it would help me immensely. Thank you. I will have my response to you shortly. You will get a notification via email.

Customer: replied 2 months ago.
OKAY
Customer: replied 2 months ago.
oops sorry
Expert:  MDLawyer replied 2 months ago.

No worries! I apologize for the delay. Was having issues with the Internet on my other computer. I've been able to finish up the research to your question now.

With respect to the non-renewal of the lease, Colorado law, allows for a landlord to choose not to renew a lease upon its termination date, unfortunately. I've searched the Colorado statutes to see if there are any exceptions or if the landlord needs a reason to not renew, as with some states or cities, but have not found anything in Colorado law that requires them to have a reason.

A non-renewal is not the same as an eviction, legally. Now, if she does not move out when her lease ends and stays in the apartment, it is at that point that the landlord could go to court and begin eviction proceedings. An eviction requires court intervention. From the facts that you have told me, she's not being evicted. Instead, the landlord is choosing not to renew.

Luckily, she was on a year lease. Had she been a month to month tenant, Colorado law only requires 7 days notice, sadly.

I know this is not the answer you were hoping to hear but I can only report the law as it exists and I cannot make or change the laws. I'm on the messenger.

Please let me know if this has answered your question or whether you need additional information. Please also let me know if you would like information on agencies that might be of assistance to you locally.

Expert:  MDLawyer replied 2 months ago.

I haven't heard back from you and so I will assume that you need no additional information.

Thank you and please be so kind as to leave me a positive rating as that is the only way that we experts on Just Answer receive credit for the time spent researching and assisting you. Thank you in advance! Your rating allows me to continue to offer this great service to others like yourself.