Eviction Process Evicting my sister

[Guest]

My sister has been residing with me she pays 1/3 of rent and electric/gas. It is time for her to go. I asked her to leave she stated if I kick her out she will take me to court how do I legally get her out of my apartment without having legal issues following me. She is not on the lease its in my name only and there is no written or even verbal agreement except that rent is due by the 1st of each month. She is endangering my children by leaving open liquors bottles around there sleeping area and drug pipes. She is also ruining my belongs has no respect for anyone's things except her own. I have tried the family approach and explain the situation to her and asked her to leave it has done nothing but erupt into huge arguments and has cause conflict and unpleasant feeling on both parts. I just need her out and need to know how to go about this process.

 

[Michael Wechsler]

Serve her with notice to quit or to vacate the premises. I've taken a look at Colorado law, although you will want to confirm for yourself and discuss with a local attorney in order to be certain of your rights:

13-40-107. Notice to quit.

(1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows:

(a) A tenancy for one year or longer, three months;

(b) A tenancy of six months or longer but less than a year, one month;

(c) A tenancy of one month or longer but less than six months, ten days;

(d) A tenancy of one week or longer but less than one month, or a tenancy at will, three days;

(e) A tenancy for less than one week, one day.

(2) Such notice shall describe the property and the particular time when the tenancy will terminate and shall be signed by the landlord or tenant, the party giving such notice or his agent or attorney.

(3) Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown.

(4) No notice to quit shall be necessary from or to a tenant whose term is, by agreement, to end at a time certain. (5) Except as otherwise provided in section 38-33-112, C.R.S., the provisions of subsections (1) and (4) of this section shall not apply to the termination of a residential tenancy during the ninety-day period provided for in said section.