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I am a landlord of a house in Breckenridge Colorado. I am…

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I am a landlord of...
I am a landlord of a house in Breckenridge Colorado. I am selling the house and the buyer has said the tenant must be out before closing. I originally had a year lease with the tenant, but it has expired and we did not sign another agreement. I have assumed we are automatically on a month-to-month arrangement. I want to make sure the tenant leaves before closing so I am planning to send him a Notice to Quit, giving him 35 days to move out. I downloaded a Notice to Quit form (form JDF 97) from the Colorado Judicial website. The form has a section for "certificate of service" for the signature of the person serving the form to the tenant. My question is: can I serve this form myself, or do I have to have someone else serve it? Can I just mail it by certified mail or simply post it on his door? Can I sign as the Server? I know the police can serve it, but that sends a confrontational message that I am hoping to avoid unless I have to evict.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 9 minutes by:
6/14/2010
Real Estate Lawyer: Barrister, Lawyer replied 8 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,047
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello,

 

Under the Colorado rules of civil procedure personal service is obtained by having a person at least eighteen (18) years of age and not a party to the action personally serving the Summons, Petition and supporting documents upon a party in order for the court to get jurisdiction over the party being served.

.

So you can have any non-party over 18 serve the tenant with the notice.

.

You have to file a motion with the court to get permission to "nail and mail" or publication service.

.

.

Thanks

Matt

 

 

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