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Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 33935
Experience:  Began practicing law in 1992
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I purchased mobile home in June. The owner was to evict the

Customer Question

I purchased mobile home in June. The owner was to evict the tenant. The tenant has not moved out even after being served with several notices. How can I move this tenant from my property. I am not a landlord and do not not wish to become one.
JA: What state is this in? And how old is the mobile home?
Customer: Colorado 1950s 10 wide by 40
JA: Has any paperwork been filed?
Customer: eviction notices yes Previous owner gave the tenant 15 day notice,
JA: Anything else you want the lawyer to know before I connect you?
Customer: I gave her a notice on the 2nd of August , the sheriff delivered a notice on the 14 of August, and went to court of August 22, and the judge would not give me a writ of restitution. So I gave the tenant another notice on August 23. and the August 29 another notice, Went to court on Sept.6, the judge would not give me a writ of restitution because on that court date I did not show on the paperwork that I had given all these notices. All she could see was the notice on the 29.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 month ago.

Please allow me some time to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Expert:  Dwayne B. replied 1 month ago.

Your question: "How can I move this tenant from my property."

Answer:

Without seeing all of the paperwork filed in this case and examining it in detail, which I can't do online, it is impossible to tell you what was done incorrectly other than just a failure to list your notices. But the only way you can get them out of your property is to continue through the eviction process.

What I would suggest you may want to consider is hiring a local lawyer to finish the case up for you and then suing for their attorney's fees as well. Non-attorneys success rate is about 60-65% in successfully evicting tenants whereas lawyers run closer to 95%.

The eviction process is the only legal method which can be used to get them out. There are a number of good books on the eviction process as well as several good websites.

I am going to attach a pdf brochure from the Douglas County Sheriff's Office which explains the whole eviction process. Even though this one is from Douglas County it works the same all across Colorado. So if you chose not to use a lawyer and instead try to do it yourself, if you follow the steps set forth in this document you should be ok.

If you have any problems downloading the PDF, go to the actual website at www.DCSHERIFF.NET

The Colorado Judicial website also has forms at www.courts.state.co.us and look for the section on evictions and foreclosures.

Evictions must be done absolutely perfect or they will be denied. If there are any problems with the notices, pleadings, etc. you must start over. This is why I often recommend someone hiring an attorney and then sue for the attorney's fees.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Expert:  Dwayne B. replied 1 month ago.

I will be offline for about an hour. You can post your response/question in this thread and I will see them when I get back online.

Expert:  Dwayne B. replied 1 month ago.

I am about to go offline for the evening. I may get a chance to check back in or I may not. Regardless, I will be back online tomorrow morning so if you have any follow up questions please ask them in this thread and I will answer them as soon as I see them. If you haven't issued a Positive Rating your I would encourage you to do so now. Issuing a Positive Rating will prevent the question from timing out and closing and will lock it open so it can be accessed and the Q and A can continue at any time from this evening or even a year or more from now.