Eviction Process Evicting my sister

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Amandal

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My sister currently reside with me she pays 1/3 of rent and electric/gas. I have tried taking the family approach and asked her to leave she stated that if I kick her out she will take me to court how do I get her out of my apartment without legal issues following me. I am the only one on the lease and we have no written or verbal agreement expect that rent and bills are due on the 1st. She is endangering my children with her habits by leaving open liquor bottles in there sleeping area and drug pipes when she moved in i didnt know she had a problem.
She has never been late on rent. I have tried talking to her and it erupted into a fight and didnt nothing but make the living environment uncomfortable for everyone. I am at my wits end i dont know what to do anymore I dont want to lose my sister but thats what its coming down to.
 
My sister currently reside with me she pays 1/3 of rent and electric/gas. I have tried taking the family approach and asked her to leave she stated that if I kick her out she will take me to court how do I get her out of my apartment without legal issues following me. I am the only one on the lease and we have no written or verbal agreement expect that rent and bills are due on the 1st. She is endangering my children with her habits by leaving open liquor bottles in there sleeping area and drug pipes when she moved in i didnt know she had a problem.
She has never been late on rent. I have tried talking to her and it erupted into a fight and didnt nothing but make the living environment uncomfortable for everyone. I am at my wits end i dont know what to do anymore I dont want to lose my sister but thats what its coming down to.

You don't need to have a signed lease to have her evicted.

Absent a signed lease, she is a tenant at will (month to month).

If she is leaving drug paraphernalia around your kids, the next time you find any, call "911".

You can also report her for endangering th ehealth, safety, welfare of children, your children.

In fact, its negligent NOT to report her.

If, God forbid, one of your babies ate or drink some of that STUFF, who do you think would be in trouble.
HINT: LOOK in the mirror, for one; she might be the other.

You must take her to court.
The only way to get ANYONE out, when they refuse to leave voluntarily is by eviction.

In CO, Google your county (or city and county) court and the entire process is often revealed to you.

Otherwise, here's a starting point - educate yourself, and follow each step carefully, as you mess up, you MUST start over:


http://www.ext.colostate.edu/pubs/consumer/09905.html

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

http://www.cobar.org/index.cfm/ID/1...rd-Tenant-Rights,-and-Obligations-of-Tenants/

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


Okay, here is the Cliff's Notes version of the process:

Eviction for Violent or Criminal Acts

A landlord can terminate the lease at any time during the lease period:

The landlord has proof that you committed an act(s) on the premises which endangers the landlord or other tenants, or the property of those people;
The landlord has proof that you committed an act(s) which constitute(s) a violent or drug related felony (BINGO)

The landlord must give three days written notice to quit.
The notice must be dated and signed, describe the property, the particular time the tenancy will terminate, and the grounds for said termination.

If eviction notices are ignored, the landlord must go to court and file a lawsuit.
The landlord must serve a summons and complaint. They can be served on you personally or posted on the door (or a conspicuous place on the premises) with a copy mailed on the same day it is filed with the court.
If the summons is posted rather than served, the landlord can only get a judgement for possession of the premises, not for money owed.

The summons must tell the tenant to appear in court in no less than five days.
If the tenant doesn't appear in court as required, the landlord can get his/her judgment for possession on that day.

If the tenant does appear, files an answer, a trial will be set in about five days and the landlord cannot get a judgment until after the trial.
Once the landlord obtains a judgment, he or she must wait 48 hours to obtain a writ of restitution to have the sheriff physically remove the tenant.
The sheriff usually allows you a day or two to vacate voluntarily before taking forcible action.
 
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