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  1. #1

    Default How to Evict a Tenant Renting a Room in My House

    My question involves an eviction in the state of: Colorado

    I have a tenant that verbally agreed to move out of his room into a smaller room of his house within a day. He failed to comply and after about 4 days I attached a 3 day notice to his door saying that he needed to move out of the house (He has failed to pay rent for a few months now, and even admits it via text message and in person, ignoring my request for him to help me help him by moving was the last straw). On the third day, he then proceeded to move to the smaller room, even though I wanted him out of my house entirely. I have text messages of me telling him that he needed to be out of the house, and talked to him the day after the posting of the 3 day notice that he had to leave the house.

    I take him to court for not leaving, the judge dismisses the case because he now lives in the other room. So now I am not sure how to evict him. I already posted a 3 day notice on his new room door right when he moved to the new room, just in case. But considering how the judge ruled on my last case, I dont want any more technicalities to come up. Any help on how to do this properly would be appreciated.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Tenant Move Rooms Inside House to Get Past 3 Day Eviction Notice

    I don't understand how the judge ruled as he did...

    unless you allowed the person to move to the other room and your eviction action was specific to the first room.





    If you did not allow the move, the tenant was trespassing (if you rent the rooms individually). You basically made him a valid tenant of the new room, especially when you posted the 3 day notice on the new room. Be sure you do not limit the eviction to a particular room. You must seek the eviction of the tenant from the entire house.

  3. #3

    Default Re: Tenant Move Rooms Inside House to Get Past 3 Day Eviction Notice

    I was shocked too. The defendants entire defense was "I already moved out."

    I told (paraphrasing) the judge that I wanted the tenant out of the house and that I have proof, but he said that "I don't care about your text messages, start the process over."
    I said (paraphrasing) to the judge: "Why would I rent another room in my house to the same guy that doesn't pay his rent?" and mentioned "Whats to prevent him from moving rooms every time I post the 3 day notice?"

    Is there a fool proof way to make the eviction for the entire house? Do I have to put in big bold letters on the 3 day: "You must leave the house."? Do you think my second 3 day eviction would hold up in court? It was posted the 4 days after the first, on the small door to the room.

  4. #4
    Join Date
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    Default Re: How to Evict a Tenant Renting a Room in My House

    The issue isn't that he moved into a random room - the issue is that you agreed with him that he would move into a specific room.
    Quote Quoting TechnicalSubstance
    View Post
    I have a tenant that verbally agreed to move out of his room into a smaller room of his house within a day.

  5. #5

    Default Re: How to Evict a Tenant Renting a Room in My House

    Which he didn't do. That prompted the the 3 day notice to leave the house. I wasn't going to take him to court otherwise, because I give people more slack if it looks like they are trying.

    But that doesn't matter now.

    Do you think I can use the second notice I posted on his (new) door? Would the lease still transfer to that new room?

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