Do I have to do a Legal Eviction?

[donewithfamily]

My sister is going through some issues and was living with a cousin for 2 weeks, then got into a physical dispute and was kicked out. I felt bad for her since it is the winter and I took her in. She has been sleeping on my couch, not paying any bills, and has made the environment of my home hostile, to the point where husband and I aren't getting along. I told her she needs to get her stuff and leave and she says that I have to evict her. If she has only been here for 2 months, do I have to legally evict her?

 

[Proserpina]

Unfortunately yes - she's right.

The good news is (and I have a feeling she won't realize this), that you're only required to give her 7 days notice.

Explain to her the reality, politely, including the fact that you can actually sue her for recovery of monies, and with any luck she'll take her stuff and just go. You can also remind her, politely, that an eviction on her record will make future renting very difficult for her.

http://www.lexisnexis.com/hottopics...fo=off&searchtype=get&search=C.R.S.+13-40-107

 

[army judge]

Pro is correct.
You could possibly accelerate her departure by incentivizing her.

Offer to pre-pay a week at a local hotel.

There are many stay by the week hotels.

Don't pay with a credit card, however, use cash.

Don't give her the cash, either, pay it directly to the hotel.

Otherwise, steer clear of her, and follow Pro's precise legal suggestions.

Be careful, your sister appears prone to violence. If she attacks you or others, call "911" and wait for the cops.

By the way, if they arrest her, don't allow her back inside your home to get her junk unless the police are present doing a "civil standby", or she meets you in a public parking lot to take them from you.

If she is arrested or suddenly disappears, do a COMPLETE inventory of her stuff.

Then pack it away, and hold it until she contacts you.

Take pictures of her junk as you're packing and listing it.

A video of the process could prove to be helpful when she SUES you.

The lesson here is a very good one.

Don't let ANYONE stay overnight in your home.

If you have to, pay for their one night hotel stay.

Sadly, it has come to this, and you can't trust but three or four people anymore.

 

[donewithfamily]

Even if she was here for only 2 months? She never established residency here....only laid claim to my couch. She wouldn't care about an eviction being on her record, she has always moved from place to place destroying people along the way. I was her last hope at her having a relationship with anyone in our family. This is the third time I have helped her out, and now she is threatening me and harassing me. What are my rights if any?

 

[army judge]

Even if she was here for only 2 months? She never established residency here....only laid claim to my couch. She wouldn't care about an eviction being on her record, she has always moved from place to place destroying people along the way. I was her last hope at her having a relationship with anyone in our family. This is the third time I have helped her out, and now she is threatening me and harassing me. What are my rights if any?

If she misbehaves by attacking you (or members of your family), call the police IMMEDIATELY.

YOU CAN ONLY HOPE SHE BECOMES PHYSICALLY ABUSIVE TOWARDS YOU.

If you find her in possession of drugs, call the police IMMEDIATELY.

Make sure you lock up, securely, all of your valuables.

If you have to put them in storage for a couple of months, do it.

You might come home and find you've bene burglarized, or just flat out ripped off.

Protect yourself, your family, and your stuff.

Did you give her a key?

If you didn't, there might me an easier way out, otherwise, forget the above question.

You unknowingly surrendered your rights when you volunteered to allow her to invade your home.

I'm sorry to hear that good people get hurt trying to help deadbeats.

Now, you know why no one in your family likes this deadbeat.

Sorry, the eviction route is all you have, as far as legally evicting her.

There are no short cuts to eviction.

Your house guest has lived with you for more than 30 days, the courts consider him or her your tenant.

You may only terminate tenancy by formal written notice, regardless of whether the individual's name is on a lease.

If your house guest (who is now considered a tenant) does not vacate within the notice period, you will have to begin formal eviction proceedings.

You can GOOGLE (Eviction process YOUR COUNTY, CO) for specifics on how your county conducts these proceedings.

They often differ a bit, procedurally by county.

Read the information offered on these sites:

http://www.coloradolegalservices.org/lawhelp/resource/questions-and-answers-about-eviction

http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=28

http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=28

 

[donewithfamily]

No she was never given a key. She had done stuff like this to other family members but not taking it this far. I can't believe that I have no rights even though it is my apartment....my hubby and three kids are here as well....so do I have to give her written notice or is me telling her in text message sufficient enough?

 

[army judge]

No she was never given a key. She had done stuff like this to other family members but not taking it this far. I can't believe that I have no rights even though it is my apartment....my hubby and three kids are here as well....so do I have to give her written notice or is me telling her in text message sufficient enough?

Text messages aren't acceptable.

See if your county court website has ADDITIONAL instructions, Google it.

Sorry, it must be done EXACTLY as indicated.

You have rights, but you surrendered them by allowing her to stay.

If you didn't give her a key, next time she goes out, don't let her reenter the apartment.

Don't open the door, tell her to go away.

You can also discuss this with your landlord, and see if they can help.

Tell them you allowed her to stay overnight three weeks ago, and she refuses to leave.

Tell them you don't want this to violate your lease.


She might call the police or you can call because she's making a scene, and you can see if they will tell her to leave or make her leave.

People sometimes get lucky, if the deadbeat misbehaves while they're present.

http://blog.bradfordpublishing.com/eviction/3-day-notice-start-colorado-eviction/

 

[donewithfamily]

So what's the easier way out since she wasn't every given a key?

 

[army judge]

So what's the easier way out since she wasn't every given a key?

There might not be an easy way.

Read the post above your (7).

 

[donewithfamily]

Thank you so much, I wont let her back in, she left to go party yesterday, so I will call the police if she causes a scene. Thanks again

 

[army judge]

Thank you so much, I wont let her back in, she left to go party yesterday, so I will call the police if she causes a scene. Thanks again

Be advised, it might not work.

You also want to change your locks, so advise your landlord when you do change the locks.

Make sure the management approves.

They'll approve if you tell them about the deadbeat.

But, focus on not allowing her back inside, unless the police are present.

Also, she is only being allowed in to get her stuff.

The cops will allow her 10-15 minutes to do it, not hours.

That's why you should pack it right now!!!!

You might have to say, you let her stay overnight.

You might say, she never lived there, and you never gave her a key.

Tell the police, very calmly, very politely, she can't stay.

Pack her stuff up, and be ready to give it to her.

Be firm, but don't argue, just ask the cop to ask her, "If she was a tenant, why doesn't she have a key?"

Focus on the key, and that she was never a tenant, never had a key, never paid rent, just stayed overnight, but she now has to go.

Then let this slip, "You don't want illegal drugs around your kids or in your home."

There is the issue of her stuff.

Pack it now, be ready to give it ALL to her.

Allow her to enter, ONLY if the police stand by as she collects her stuff.

But, if you've packed it, she won't have to wander all over your house!!!!