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  1. #1
    Join Date
    Aug 2012
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    3

    Default Evicting a Roommate Living in Landlord's House

    My question involves an eviction in the state of:CO

    I am renting a room to a woman that has turned out to have issues that I can not live with. She is on a month to month lease and has paid all the rent.

    I gave her written notice on July 26 that her lease had terminated. How long before I have to start official eviction notices? According to a previous post, does she really have until the end of Aug until she legally has to move because I didn't give her eviction more than 10 days before the end of the month?

    the case of a month-to-month tenancy, a notice to quit must be given at least ten days before the next due date of rent and terminates the tenancy no earlier than the last day of the rental period. This means that if rent is due on the first day of the next month, the notice to quit must be served on the tenant at least ten days before the last day of the month. However, a notice to quit served in the middle of the month, telling the tenant that he or she has 10 days to move, would terminate the tenancy before the full month is over, and would be insufficient.[/SIZE]

    Is it legal for me to remove non life sustaining privileges from the house (such as cable tv and internet) if it was in the lease as provided?
    How can I get this woman out of my house? HELP!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Evicting a Roommate in Landlord's House

    As you have noted, and as the State Bar explains,
    Quote Quoting Notice Requirement
    In the case of a month-to-month tenancy, a notice to quit must be given at least ten days before the next due date of rent and terminates the tenancy no earlier than the last day of the rental period. This means that if rent is due on the first day of the next month, the notice to quit must be served on the tenant at least ten days before the last day of the month. However, a notice to quit served in the middle of the month, telling the tenant that he or she has 10 days to move, would terminate the tenancy before the full month is over, and would be insufficient.
    That article also summarizes the requirements for the notice. You gave notice less than ten days before the end of the rental period so, assuming your written lease does not modify the notice period, the notice is effective at the end of August. You are obligated to keep up your end of the lease agreement through its conclusion.

    You can ask her if she is willing to move out earlier than the end of August, and can consider giving her an incentive (e.g., cash) to do so.

  3. #3
    Join Date
    Aug 2012
    Posts
    3

    Default Re: Evicting a Roommate in Landlord's House

    Mr. Knowitall, thank you for the response.

    What happens if she doesn't move out end of August? What legal actions at that point can I take?

    Also, a "Termination of Lease" was what I gave to her on July 26. Do I also have to give her a "Notice to Quit" before 20th of August? Or is a Termination of Lease that I gave her before sufficient?

    - - - Updated - - -

    Also, are the rules different for someone renting a room in your house as opposed to someone renting an apartment that you are not living in?

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Evicting a Roommate in Landlord's House

    You need to serve with a Notice to Quit, with a legal time frame to do so.

    If she does not leave, then you file an Eviction notice.

    - - - Updated - - -

    "In the case of a month-to-month tenancy, a notice to quit must be given at least ten days before the next due date of rent and terminates the tenancy no earlier than the last day of the rental period. This means that if rent is due on the first day of the next month, the notice to quit must be served on the tenant at least ten days before the last day of the month. However, a notice to quit served in the middle of the month, telling the tenant that he or she has 10 days to move, would terminate the tenancy before the full month is over, and would be insufficient."

    - - - Updated - - -

    Is it legal for me to remove non life sustaining privileges from the house (such as cable tv and internet) if it was in the lease as provided?

    if these were written into the lease, and she has paid her rent (as you stated), then your disconnecting these would be YOU violating the lease.

    you also cannot disconnect things like electric, gas, water, heat, nor are you allowed to remove any of her belongings from the premises.

  5. #5
    Join Date
    Aug 2012
    Posts
    3

    Default Re: Evicting a Roommate in Landlord's House

    Thank you! You have been a huge help!!

    (hopefully it was you that won the powerball last night, as I see you are in Michigan)

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