Selling the Property

[LadyBelle]

Jurisdiction

Colorado

Hello, I have a question about an eviction. My 74 year old Uncle lives in Adams County, CO, we is living in a house that is owned by his brother and sister-in-law. On Sept 25, 2015 his sister-in-law gave him a "Notice to Quit" with October 26, 2015 being the date she wanted him to vacate the property. Her reason was because she sold the house. Now I know that she is within her legal right as the property owner to sell her house, but she has been calling him everyday for the past week to see if he is going to be gone by the 26th. Well, the answer is no, he has not been able to find anywhere he can go that he can afford. She is telling him that he has to be off the property by Nov. 2nd because that is when the new owner takes over and that the new owner can have him removed if he is not gone on that day. She also told him that anything that is still on the property will belong to the new owner when he takes over on Nov. 2nd.

My question is, how much of what she is telling my Uncle is true? Can the new owner just throw him out on Nov. 2nd and claim anything still on the property?

 

[army judge]

Hello, I have a question about an eviction. My 74 year old Uncle lives in Adams County, CO, we is living in a house that is owned by his brother and sister-in-law. On Sept 25, 2015 his sister-in-law gave him a "Notice to Quit" with October 26, 2015 being the date she wanted him to vacate the property. Her reason was because she sold the house. Now I know that she is within her legal right as the property owner to sell her house, but she has been calling him everyday for the past week to see if he is going to be gone by the 26th. Well, the answer is no, he has not been able to find anywhere he can go that he can afford. She is telling him that he has to be off the property by Nov. 2nd because that is when the new owner takes over and that the new owner can have him removed if he is not gone on that day. She also told him that anything that is still on the property will belong to the new owner when he takes over on Nov. 2nd.

My question is, how much of what she is telling my Uncle is true? Can the new owner just throw him out on Nov. 2nd and claim anything still on the property?

Her notice to QUIT is simply a request.

If he ignores her request, she would legally have to file an eviction action with the Adams County Courts.

The eviction action legally can't start until October 27th.

In most cases in Colorado, an eviction will take approximately 25 days between the date of the lease violation and the date the sheriff physically removes the tenant from the leased premises. If you are evicting a tenant from a mobile home lot, this time period is extended to approximately 30 days.

In our case, you could argue her notice didn't comply with the law.

If she appears on the 27th and starts to move you out, or he appears and demands you to leave, you call the police or sheriff to keep the peace.

If what you've said is true, the police officer or deputy will tell her or him that until an eviction has been ordered, UNCLE has rights superior to all to occupy the home!!!

Now, I suggest you don't say anything about her mistakes and your rights.

the less you say and do, the better for you.

Why?

It allows you to buy time.

Uncle will be evicted, but if you stay silent and remain calm, that eviction might be weeks away.

WHY?

The landlord is an idiot.


In Colorado the eviction process begins with the landlord serving a Demand for Compliance or Possession, which allows the tenant three (3) days to comply with the landlord's lawful request for the return of possession of the landlord's property. If the tenant fails to comply with the landlord's demand in a timely manner, the landlord may begin an eviction proceeding against the tenant.

A landlord commences the eviction proceeding by filing a complaint with a court of proper jurisdiction in Adams County. An initial court date is then scheduled eight (8) to fourteen (14) days following the date of filing. If the case is not resolved on the initial court date, the parties are required to schedule an additional court date for a hearing that may take place one (1) to seven (7) days following the initial court date. If, on the second court date, the landlord is victorious, the landlord is granted a Writ of Restitution, which becomes effective 48 hours after issuance. Upon receiving the Writ, the landlord is free to schedule a date with the local sheriff for the tenant's eviction. The "move out date" is usually set about two (2) weeks from the day the Writ is presented to the sheriff.

Here you go, read more about evictions in Adams County, CO:



Resources | The Action Center


Colorado Legal Services - For low-income Coloradans seeking legal assistance and Colorado legal advocates



Colorado Legal Services - For low-income Coloradans seeking legal assistance and Colorado legal advocates

 

[adjusterjack]

My question is, how much of what she is telling my Uncle is true? Can the new owner just throw him out on Nov. 2nd and claim anything still on the property?

I agree with Army Judge about the eviction procedure and how much time your uncle can buy with delaying tactics.

However, I don't recommend going that route.

Your uncle's financial condition isn't likely to improve by Oct 26, Nov 2, Nov 26, or any time after that.

Meantime, the eviction makes its way through the courts and eventually the court will order the local sheriff to physically remove your uncle and his belongings from the property and he'll be sitting on the curb complaining that he can't afford any place else.

Worse, if the sale contract specified that the buyer receive an unoccupied house, the buyer could refuse to close and cancel the purchase. That will make the seller subject to a lawsuit for monetary damages which will then make your uncle subject to a lawsuit for monetary damages.

Bottom line: Allowing an eviction is an incredibly bad idea. I suggest you and your uncle figure out a way to get him moved by the deadline no matter what it takes.

 

[army judge]

I agree with Army Judge about the eviction procedure and how much time your uncle can buy with delaying tactics.

However, I don't recommend going that route.

Your uncle's financial condition isn't likely to improve by Oct 26, Nov 2, Nov 26, or any time after that.

Meantime, the eviction makes its way through the courts and eventually the court will order the local sheriff to physically remove your uncle and his belongings from the property and he'll be sitting on the curb complaining that he can't afford any place else.

Worse, if the sale contract specified that the buyer receive an unoccupied house, the buyer could refuse to close and cancel the purchase. That will make the seller subject to a lawsuit for monetary damages which will then make your uncle subject to a lawsuit for monetary damages.

Bottom line: Allowing an eviction is an incredibly bad idea. I suggest you and your uncle figure out a way to get him moved by the deadline no matter what it takes.

The uncle isn't responsible for the landlord's losses or liability related to the sale of the property.

The purchaser is required to honor the encumbrances upon the property, which is why one should do proper and rigorous due diligence when buying real estate.

I do agree, the mere filing of a eviction is a devastating act that will impact a person for decades.

I don't endorse NOT paying your rent.

I don't endorse buying time to stay in a rental property to avoid leaving because you can't afford to move.

I also don't endorse landlords bullying even a bad tenant.

 

[adjusterjack]

The uncle isn't responsible for the landlord's losses or liability related to the sale of the property.

I couldn't swear to this without doing a lot of research but if the landlord fails to perform the sales contract due to the tort or breach of the tenant, couldn't the landlord be entitled to indemnification from the tenant for any damages that the landlord had to pay to his buyer?

 

[army judge]

I couldn't swear to this without doing a lot of research but if the landlord fails to perform the sales contract due to the tort or breach of the tenant, couldn't the landlord be entitled to indemnification from the tenant for any damages that the landlord had to pay to his buyer?

No, the seller KNEW he had a tenant.
The seller sold something knowing the tenant had to leave.
The purchaser owns the home, and also acquires a tenant, should the deal close.

The tenant owes no duty to the buyer.
The tenant has an obligation to pay rent.
The seller's cure is to evict the tenant.

 

[adjusterjack]

No, the seller KNEW he had a tenant.
The seller sold something knowing the tenant had to leave.
The purchaser owns the home, and also acquires a tenant, should the deal close.

The tenant owes no duty to the buyer.
The tenant has an obligation to pay rent.
The seller's cure is to evict the tenant.

OK, I'll buy that.

Seller will be in a world of hurt if the buyer walks when the tenant is still present at the scheduled close of escrow.