Friday, July 29, 2011

HELP! MY TENANT STOPPED PAYING RENT - The Quick Guide to Eviction

HELP! MY TENANT STOPPED PAYING RENT!
The Quick Guide to Eviction

If you are a landlord having trouble collecting your rents, this is a quick guide to eviction.  You can also read Colorado eviction instructions and find the necessary forms by following our link at http://www.arnoldarnold.com/Resources.shtml or going directly to http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=28.

Step #1- You need to post either the Demand for Compliance (if the tenancy has a specified termination date) or the Notice to Quit (if the tenancy does not have a specified termination date).  This posting should be on the door of the property.  The notice should be posted for the applicable time period before filing any court action.  The forms can be found at the above links.

Step #2- Once the time period has passed from posting the Demand for Compliance or Notice to Quit, you are ready to file an action for Forcible Entry and Detainer in the County Court where the property is located.  The "plaintiff" filing the action should be the named landlord on the lease.  The maximum amount of damages you are allowed to request is $15,000.00.

Print the Summons, Complaint, and Affidavit of Service forms available at the above links.  You are the plaintiff and the tenant(s) are the defendant(s).  You can request all back rent owed plus late fees if they are specifically mentioned in your signed lease.  You need to attach a copy of the signed lease to the complaint.  You can also request all costs for filing the action in your judgment.  This would include filing and service fees.

Filing- Once all the paperwork is filled out, you need to go to the courthouse and file it with the clerk of court.  They will give you a case number and a court date. There is a fee. 

Service- you can either post the summons and complaint with the attached lease on the door of the property again OR you can have the defendant(s) personally served.  If you just want the tenants evicted, you can just post the paperwork on the door.  However, if you want to request a money judgment from the court, you must have them personally served.  The county sheriff or a private process server can do this for you.  The person serving the documents cannot be the named plaintiff or anyone related to the named plaintiff.  It needs to be a neutral person with no interest in the case.  If you serve the defendant(s) personally, the server will have to fill out the affidavit of service, sign it in front of  a notary and have it notarized. 

Step #3- Go to court on the day your summons states and bring copies of all your documents.  Make sure to bring the original signed and notarized affidavit of service and give it to the court clerk upon arrival.  You will either meet with the defendant(s) and try to work out a deal or the defendant(s) will need to file an answer.

If the defendant(s) do not file an answer or do  not show up at court, you can request judgment against them.  If you had them personally served, you can request judgment for possession and the money judgment.  If you only posted the paperwork on the door, you can only request judgment for possession.  This means you can evict the tenants.  You will need to get a Writ of Restitution from the Court and take this to the county sheriff's department. 

Step #4- Once the sheriff has the writ of restitution, they will serve this upon the tenants and give them 3 days to get out or be forced out.  You may need to have people ready to move the tenants out.  The sheriffs will usually only give you one hour to do this. Be prepared.

Kelley G. Shirk, Esq.