Legal Question in Real Estate Law in Colorado
Abandoned rental
My grandmother has a rental home and rented it to a family member without a lease. The tenent never paid rent in a total of a year. After being served with a 3 day notice to pay or vacate, she refused. After about a month she abandoned the home, and left all her things in it. Finally we changed the locks, so she couldnt go in it any time she would like to, and for reasons having to do with drug traffic. The ex-tenent is now saying she didnt abandone it and we illigally changed locks. Can she sue us for this or get back in the home? We also tried and failed to find her for about 3 weeks.
2 Answers from Attorneys
Re: Abandoned rental
The formal eviction process, referred to as a forcible entry and detainer or "FED" proceeding, is typically used to recover possession of leased premises. FED proceedings are expedited proceedings done through County courts pursuant to the rules set forth in the Colorado statutes (��13-40-101 - 13-40-123). To be safe, you could serve a three day notice to quit and then start an FED proceeding. People often read the statutes, the county court rules and then bring FED proceedings pro se in compliance with the rules. If you desire assistance dealing with the somewhat complicated procedures, hire an attorney.
However, it seems that you are already in possession of the premises and can defend any complaints brought against you based upon abandonment of the premises. This would require a bit of research. The one caution I would give you goes to the issue of personal property. Since you have no lease agreement, and the tenant never paid rent during the year of occupancy, you may have trouble proving past due rents, you want to be careful not to mishandle the personal property or you could potentially be exposed to liability for "conversion" (wrongfully taking another's property that is lawfully in your possession for your own).
I suggest that you seek legal counsel to assist you in this matter.
Eviction
Louise Aron
Attorney at Law
Lakewood Office:
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LawGuru User
Dear LawGuru User:
Unfortunately I do not have expertise in this area.
I believe that you need to do a formal eviction, but I suggest that you do a search for "renters rights Colorado" or "tenants rights Colorado" on the internet. This will give you quite a bit of information about what actions on your part will invite legal action by the (former) tenant.
Thank you for using LawGuru.
Sincerely,
Louise Aron
Attorney at Law
http://effectnet.com/la/