What can I do?

[mbradshaw]

Jurisdiction

Colorado

Hi,

Long story short what are my options when a periodic tenant physically moved out on 6/1/16 after serving her a 7 day Notice to Quit; but still hasn't gotten her things out of my house and refuses to pay prorated rent for the month of June because "she's no longer staying at my apartment," just basically using my space as a storage until she decides to come get it? I know legally I can file an eviction with the courts since I served the notice to quit and she didn't comply...but my question is does the fact that she, in writing, stated she is no longer living here and hasn't been since the first, hasn't paid any money since last month and has never been on the lease...signed a lease...etc make a difference in this situation? In fact it was well known and agreed when I let her stay that it was temporary and could terminate at any time without much notice...

 

[adjusterjack]

does the fact that she, in writing, stated she is no longer living here and hasn't been since the first, hasn't paid any money since last month and has never been on the lease...signed a lease...etc make a difference in this situation?

No.

She is a month-to-month tenant. As long as her property is there she is still "in possession" and, according to statute, you would have to go to court and obtain a writ of possession before you could safely remove and dispose of her property.

In fact it was well known and agreed when I let her stay that it was temporary and could terminate at any time without much notice...

That was an illegal agreement and you couldn't bind her to it as the statutes require a specific notice period.

So, bottom line here, you have two choices:

1 - Follow the statutes, go to court, get your writ, have the sheriff remove her property.

2 - Take a common sense approach. Give her written notice that she has until such and such a date to remove her property or you will give it to the nearest charity and won't be responsible for it. As tempting as it might be, don't sell any of it and don't keep any of it because then you can be sued for money (and lose).

Lesson for the future: NEVER let anybody rent or live in part of your house. Not even a romantic partner. No good ever comes of it.