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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33918
Experience:  Began practicing law in 1992
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I am trying to evict a family member from my house. I let

Customer Question

I am trying to evict a family member from my house. I let him move in 8 years ago with a verbal agreement and no money exchange. I have tried several times to get him to move out. I really need him to move and need to understand the process.
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: oral agreement, no terms although we discuss 1 year at the beginning. we do not have an agreement and no money involved.
JA: Where is the property located?
Customer: Brighton
JA: Anything else you want the lawyer to know before I connect you?
Customer: i did put a more formal agreement in place the first of May when i tried unsuccessfully to get him to move. at that time i told him he had to be out by November and that he had to pay me $100.00 a month with a list of the things he had to do around the house. he has not paid me for July and I need him to move sooner than November. I need to know if I can expedite this or have to wait now until November
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 2 months 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 2 months ago.

What state are you in?

Customer: replied 2 months ago.
colorado
Expert:  Dwayne B. replied 2 months ago.

Was the "formal agreement" a written agreement?

If so, does the written agreement allow him to stay there until November?

If the agreement was written does it state a specific date on which he must pay the $100 per month?

Customer: replied 2 months ago.
the formal agreement was an email response to a blackmail letter from him. In the email i said he had a maximum of 6 months until November 1st to move, but hopefully he could move before then. I also said that he had to pay $100 each month (i did not state a specific date each month).
Expert:  Dwayne B. replied 2 months ago.

There are going to be some issues forcing him out since there was no formal written agreement. The email doesn't count as a written agreement since both parties didn't have an opportunity to read it, make any changes, and then sign it. What this means is that you will be bound by the terms of it but the other side will not necessarily be bound.

There are two problems that I see immediately.

1) You stated an amount of rent but didn't give a due date and therefore they can never be overdue.

2) You told them they can stay until November so if you try to evict them before November the court may, and likely will, dismiss the eviction.

I'd suggest you take the email to a local attorney, have them review it and tell you what they think the local judge will do. If you file for an eviction and the other side hires an attorney and the eviction is denied they can make a counterclaim for their attorney's fees.

If you hadn't done the email you would be in better shape since at that point it was a month-to-month tenancy and you would had just had to give them the one month notice that you were not going to continue the lease next month.

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.