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possible eviction Eviction Notice

Discussion in 'Eviction, Recovery of Premises' started by BrigitB, Jul 23, 2015.

  1. BrigitB

    BrigitB Law Topic Starter New Member

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    My daughter lives in an income restricted apartment with 3 roommates . She called last night very upset saying that they received a phone call , asking to move out within 3 days .
    Their lease was up in June and they communicated with the Management company that they did not want to sign another 1 year lease , but rather do a month to month until September .
    Are lease terms and rules different in this case ? Where I live , I received my notice to renew my lease and all the terms available . Also , that if I do not give sufficient notice , my lease would automatically go to a month to month .
    A verbal notice , is that even legal ? I need advice as in how she should proceed on the matter .
  2. ElleMD

    ElleMD Well-Known Member

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    Not having read anything she signed or knowing what she was told by whom, we have no way of knowing. Who was the phone call from? Did she ever sign anything to go month to month? Did her roommates?
  3. army judge

    army judge Super Moderator

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    An eviction starts with a written request to vacate the unit.
    In CO, that written request called a "notice to quit".

    Notice to Quit: The landlord doesn't give the tenant(s) an option to correct any problem(s).
    The tenant(s) are requested to vacate the rental unit within three days after receipt of the notice.
    A tenant could receive this notice if he or she has broken the same condition of the lease several times.
    You may also receive this type of notice if you have committed an act of violence or a drug related felony.

    If the lease term was (or has become) a month-to-month tenancy, the landlord must give the tenant(s) 10 days notice to vacate before the end of the month and state that the tenancy expires no earlier than the final day of the rental month.

    If the lease expires pursuant to a specific termination date with no conditions for extending it or transforming it into a month-to-month lease, no notice need be given to the tenant.

    I suspect this is what the landlord believes in the situation in which your daughter has become embroiled.

    If the notice was left on the premises or posted on the front door, the notice period begins the day after it was posted.

    Should your daughter and her pals choose to ignore the demand to vacate, the landlord most likely will file for eviction.

    Legally the notice is a request.

    If the request is ignored, the landlord files an eviction case, the sheriff wills erve the tenats, and the case will be decided in court.

    That process could take six to eight weeks, give or take.

    However, the mere filing of an eviction will cripple a person's ability to rent DECENT housing for decades.

    It will also negatively impact a person's FICO score.

    That in turn, could inhibit potential professional employment.

    If I had a daughter in such a predicament as yours, I'd advise her to negotiate a 30 day extension and agree to pay for those 30 days.

    If the landlord refuses, I'd advise her NOT to fight it, but to leave before the three days expires.

    Trust me, no one should ever get sued for eviction, it can harm in many ways for decades.



    BrigitB likes this.
  4. BrigitB

    BrigitB Law Topic Starter New Member

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    She was told the call came from someone in the leasing office . No she did not sign anything to go month to month . From my understand this was all done verbally .

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