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Eviction
Procedure-Unlawful Detainer
A. Three Day
Notice Colorado
If the proper three day written notice has been
given to the tenant, the tenant should immediately
call the landlord, the Community Mediation Service
(if applicable), and/or legal counsel to attempt to
resolve the issues, or comply with the lease (if the
eviction is for breaking a clause of the lease,
e.g., non-payment of rent, noise, pets, guests.) If
the situation has not been remedied within the
three-day time period, the landlord may initiate an
eviction suit under a specific procedure set forth
by laws of the State of Colorado in a statute
entitled "Forcible Entry and Detainer."
The Colorado landlord may not
lock the tenant out of the premises, shut off the
utilities or forcibly move the tenant or his/her
possessions out of the building. Once the landlord
has obtained a court order for eviction the sheriff
may be called in by the court to perform such
functions.
By state law, the prevailing party in a
"Forcible Entry and Detainer" suit is
entitled to an award of reasonable attorney's fees
and costs of suit.
B.
In Event of a Lockout
Any form of self-help by a landlord, including
locking a tenant out of the premises, is not
permissible. Actions such as physical contact or
intimidation should be reported to the police. If a
tenant is locked out, the tenant may not force their
way back into the premises. A tenant should seek
legal advice prior to attempting to re-enter the
premises on their own.
Uninhabitable
Premises-Constructive Eviction Unless otherwise expressly agreed, there is an
implied agreement in every lease for real property
that the landlord will refrain from acts or
omissions which interfere with the tenant's right of
peaceable enjoyment of the premises. If this implied
agreement is breached by the landlord, either by act
or by omission, resulting in the premises becoming
legally uninhabitable, the tenant may vacate the
premises, terminate the lease, and owe no further
rent. To exercise this remedy, the tenant must
abandon the premises. Before the tenant is justified
in moving out, the landlord must also have been
given notice of the problem by the tenant and a
reasonable time in which to remedy the situation. A
tenant should get legal advice from an attorney
prior to exercising this remedy. Only in extreme
conditions may a tenant vacate the premises and stop
paying rent. This remedy should never be attempted
without first talking to an attorney.
You should
consult
a Colorado Eviction Attorney
to protect your legal rights if your landlord seeks
possession of your apartment. Never ignore legal
papers.
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