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I have a nephew who is moving from out of state and I would…

Customer Question
I have a nephew...

I have a nephew who is moving from out of state and I would like to let him move into my rental with a lease to buy option, but I currently have tenants who are 2 months behind on rent in the home. I have already done the Pay or Quit but wondered if I can get them out sooner so my nephew has a place to live?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Has anything been filed or reported?

Just the Pay or Quit right now and communication with tenant that I am starting eviction process today

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can sale my nephew the house before he gets here if that will make a difference. I just want them out so he can get in

Submitted: 5 months ago.Category: Legal
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Answered in 5 minutes by:
3/14/2018
Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,398
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thank you very much for your patience. Unfortunately, the answer to your question is no, you won't be able to get them out sooner unless the tenants have engaged in some action that is highly illegal or destructive to the property.

Generally, a landlord can submit a notice to pay rent or quit to the tenants and the notice is usually good for three days. If after that three day period the tenants do not comply, they are officially evicted; however, Colorado law does not allow a landlord to physically force the people off the property. This would be called an illegal "self-help" eviction under the law and the tenants could sue the landlord for damages if they are forced off the property.

If the tenants stay on the property after the date of the eviction, the landlord would have to file an unlawful detainer action. This is a lawsuit filed in a local civil court where a landlord requests the judge's authority to have them physically removed. Once granted, the landlord can then have the sheriff remove them. This process may take months.

The only other option is if the tenants are destroying the property or engaging in illegal activity. At that stage, you could call the police to have them removed; but without that, you'll have to follow the legal procedures.

What other questions did you have for me today that I can help you out with:-)?

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