My question involves police conduct in the State of: COLORADO.
Greetings everyone! I can't figure out where to turn fast enough to help myself, so I have turned to you. Please, if there's anything you can do to help me, I'd be eternally grateful.
I literally don't know where to start except from the beginning, so I apologize ahead of time for the great length. I cannot afford to leave any variables out either. You'll understand soon, I promise.
So here goes... (names have been changed for protection)...
- Around February 2014 the original lease holders at a house were were Jake, Rebecca, and Erin.
- At around the same time Mark moved into the house to replace Jake, who was moving out.
- At around the same time Mark invited Wesley to stay as a guest in the basement, rent free, so as to help him get on his feet.
- At around the same time there was a discussion between Jake, Mark, Rebecca, Erin, and Wesley. The subject matter was over everyone being okay with breaking the three unrelated rule (which they all were).
- Around June of 2014 Erin moved out.
- This left Mark, Rebecca, and Wesley as the residents.
- At around the same time Wesley was doing better financially, and had worked out an agreement with Mark and Rebecca to stay as an at-will, permanent resident, paying month-to-month at the rate of $300/month.
- Wesley's monthly portion of rent became an equivalent monthly discount split between Mark and Rebecca based on the portion they were paying.
- At around the same time Wesley's brother, Duane, was also trying to get on his feet, and was invited in by Mark, Rebecca, and Wesley.
- Because Wesley was already on his feet, and there existed financial pressure between all the roommates to be fair, Wesley was asked to pay for Duane to stay in his room. The rent asked from both Wesley and Duane by Mark and Rebecca was increased to $500/month.
- While Wesley and Duane agreed to split utilities evenly, they never once agreed to the increase in rent, especially considering it was only one room instead of two. But because they had few options to work with otherwise, they both agreed to pay the additional rent.
- Wesley payed for Duane's part of the rent for a total of one month, after which Duane's unemployment started coming through, where he started paying his half.
- Around July of 2014 Rebecca moved out.
- At around the same time, Mark and Wesley started fielding roomates to replace both Rebecca and Erin for the new lease year.
- The first roommate that was willing to move in was Zachary.
- Around August 2014 the other roommate that was willing to move in was Whitney.
- At around the same time, there was a discussion between Mark, Whitney, Zachary, Wesley, and Duane. The subject matter was over everyone being okay with breaking the three unrelated rule (which they all were).
- Both Whitney and Zachary were told by Mark that their rent would perpetually remain lower than what they'd be turning around and paying their landlord (Whitney at $300 vs $475, and Zachary at $375 vs $525).
- While unable to recall Zachary's opinion, Whitney was quite vocal about her inability to pay anything more than $300 (as in Mark gave her that expectation initially, before she even chose to move in, and she admitted that the lower rent was her primary reason for moving in).
- The newly created financial pressure caused Mark to ask Wesley to promise to pay for Duane's portion of the rent in the event that Duane ever stopped being able to do so.
- Essentially Mark attempted to get a guarantee out of Wesley to help protect his financial relationship with Whitney and Zachary.
- Mark even went so far as to inform Wesley and Duane that if they couldn't pay rent, he would have to replace them with tenants who could.
- This is a direct notice given to Wesley by Mark that he was willing to keep breaking the three unrelated rule indefinitely.
- Wesley and Duane were always vocal about their unwillingness to pay $500 for a $300 room, and so when Wesley was pressured to promise to pay for Duane, he negotiated with Mark, Whitney, and Zachary for a more appropriate rental amount. After discussing the new terms, everybody agreed, and the rent for both Wesley and Duane was decreased to $400/month onwards.
- Because Wesley was still doing financially better at the time, and because he and Duane had few options otherwise, he agreed to make the promise to cover Duane.
- For the months of October, November, December, and January, Wesley and Duane collectively paid $400/month plus their equal share of utilities, which was then split by the three other roommates living upstairs.
(...story continues...)
- - - Updated - - -
(...continued...)
- Around the end of January 2015 Duane's unemployment stopped coming through.
- At around the same time Duane informed Mark that he was unable to pay his portion of January's utilities.
- In response, Mark came to Wesley and said "This isn't going to work." Wesley responded by saying that his financial situation is looking worse again, and that he doesn't have enough money to help both himself and Duane, and that he will be unable to pay for Duane's portion of the utilities.
- Wesley still offered to pay the entirety of his own portion of rent, his own utilities, and either all of Duane's rent and none of his utilities, or some of Duane's rent and all of his utilities.
- This would have rendered both Duane and Wesley a combined of $100 short on their bills for the month of February.
- 2015/02/02 - Without further discussing with Wesley any prospect of receiving a partial payment, Mark [improperly] serves Wesley and Duane a 5 Day Notice To Quit.
- Because Wesley and Duane were the ones who failed to honor the original agreement, and were the ones who initiated the default (and not Mark), a 3 Day Notice To Pay Or Quit was the only correct form he could serve them.
- On the improper form he served he placed his name in the registered agent section, while listing the property management company above him. He did not sign the document.
- Because Mark was the "master sublandlord" and Vanessa (his landlord) never knew, invited in, rented out, or had any legal relationship with Wesley and Duane, Mark was the only entity that could evict them legally.
- On the evening of 2/02 Wesley attempted to explain to Mark that if he wants to evict them for non-payment of rent, he will need to process it through the proper channels. Both Duane and Wesley were extremely vocal as to the importance of doing such an eviction properly.
- 2015/02/07 - Mark illegally evicts both Duane and Wesley, relocating their personal possessions onto the curbside.
- Wesley and Duane call the police, file a report, and are subsequently escorted back in.
- Mark is given a criminal tampering ticket by the police for his actions.
- The police inform all tenants that the property management company now needs to be notified that multiple people have broken their lease.
- 2015/02/10 - Vanessa, the landlord of only Mark, Whitney, and Zachary, asks the three of them to ask Wesley and Duane for a promisory note to vacate (of one month).
- According to Whitney, the reason Vanessa didn't do anything official is because she wanted absolutely nothing to do with the three unrelated rule, and was attempting to hide her knowledge about the whole thing.
- Throughout the next month all three roommates upstairs turn down the heat in the main area of the house, along with the main (shared) bathroom.
- The thermostat in the bathroom was taped over with the saying "Only paying roommates get to have heat."
- Over four dozen times the heat was turned back up by Duane and Wesley, only to have it immediately turned back down again by any one of the three roommates upstairs.
- After asking multiple times for everybody to stop turning down the heat, Wesley and Duane inform the three roommates upstairs that if they do it again, that charges will be pressed on them.
- After that, the roommates upstairs finally agree to stop turning down the heat.
(...continued...)
- 2015/03/10 - The promisory note expires. Wesley and Duane are unable to leave yet for financial reasons.
- 2015/03/11 - Vanessa finds out through the other roommates that Wesley and Duane have not moved out yet.
- Vanessa informs Dan that she has officially discovered five unrelated people choosing to live together under one roof.
- 2015/03/12 - Vanessa serves a 3 Day Cure Or Quit to the three roommates upstairs for breaking the terms of their lease by allowing additional roommates to stay indefinitely.
- None of the three roommates upstairs move out by the third day.
- On that same day (3/12) Dan starts drafting his notice to comply.
- 2015/03/15 - Vanessa serves a 3 Day Notice To Quit to Wesley and Duane.
- Vanessa is not the correct legal entity that rented the basement out to Wesley and Duane, so the serving is improper.
- On the notice are claims that Wesley and Duane are "unauthorized occupants," except that they are authorized occupants, by way of Mark letting them in.
- 2015/03/18 - All five tenants receive a notice in the mail from Dan, listing all five tenants equally on the notice, demanding that all five equally come into compliance with the three unrelated rule.
- The next date for compliance given by Dan is "20 days from 3/20."
- 2015/03/22 - Wesley informs Vanessa that he will be out within 32 hours and 15 minutes, guaranteed (Tuesday by midnight).
- Vanessa responds with the exact text "I genuinely hope that is the case. I am still proceeding on all avenues with my legal rights."
- 2015/03/23 - Both (and only) Wesley and Duane receive fines from Dan for occupancy violations dating from 3/13 - 3/22.
- The fines for each person total $9500.
- Included with the fines is a compliance date of 3/27.
- The three other roommates were not fined.
- One might hypothesize that Vanessa called Dan after talking to Wesley to get Wesley and Duane fined before being able to leave the residence.
- One might also hypothesize that the three other roommates saw the notice, freaked out, talked to Vanessa to convince her to let them stay, and had Vanessa talk to Dan to convince him not to fine them.
- - - Updated - - -
(...continued...)
- 2015/03/28 - Wesley and Duane receive eviction summons posted on their door.
- This serving is a full week and two days past the expiration of Wesley and Duane's improperly served 3 Day Notice To Quit.
- Wesley is not even living at the residence when he is served, so he doesn't receive it.
- Duane waits for another week to see if anything comes in the mail. Nothing ever comes.
- One might hypothesize that the attorney who served the summons didn't perform the required mailing of the copies of those summons to the defendants.
- 2015/03/30 - Both (and only) Wesley and Duane receive another fine from Dan for occupancy violations dating 3/23 - 3/29.
- The fines for each person total $7000.
- Included with the fines is a new compliance date of 4/02.
- The three other roommates were again, not fined.
- This is the first ticket that can be invalidated by the preponderance of the evidence that Wesley is no longer living at the residence.
- Vanessa had the opportunity to perform a 24-hour walkthrough for a full six days following Wesley's moveout, which would have eliminated the now unnecessary fining of him by Dan
- One might hypothesize that all she thought she had to do was ask the roommates upstairs if anybody moved out yet.
- Her assuming Wesley was still living there was followed by Dan assuming the same thing.
- 2015/03/31 - Duane moves a box of unidentifiable abandoned items into the garage to finish purging everything that is not his.
- This box contained the few remaining items left by Wesley that he no longer wanted.
- 2015/04/03 - Wesley and Duane expect to see more fines issued by Dan, considering the deadline for compliance is 4/02, the day prior.
- Duane and Wesley think it's a little unusual that Dan gave a new compliance date of 4/02, or a Thursday, rather than his typical Friday-based deadlines.
- Duane and Wesley notice that the box Duane placed in the corner of the garage has now been rifled through, and left that way.
- Later that evening (4/03) Duane hears the doorbell ring, hears all three tenants go outside, and from the garage he hears all three roommates talking to another male with a deep voice (likely Dan) and another female (likely Vanessa).
- Duane hears the garage door open, presumably so that Dan and the others can see the box and determine if Wesley either moved, or he didn't.
- 2015/04/06 - Wesley and Duane expect to at least see more tickets issued by this date, as Dan has consistently done so in the past.
- - - Updated - - -
(...continued...)
- 2015/04/07 - Duane shows up to his eviction hearing.
- Even though Duane informed Wesley that he was served, because Wesley had moved out several weeks prior, Wesley was concerned that appearing for the summons and/or attempting to dismiss it would expose to Dan that either Wesley had a vested interested in the place by defending it (and would thus potentially be admitting to possession for purposes of being fined under Dan's law) or that Dan's investigation had failed long, long prior.
- So Wesley chose the safest, most legal route, and did not show up.
- Because Wesley was improperly served without the landlord checking first to see if he still lives there, Wesley is demanding that his false eviction be reversed and dismissed so as to not affect his record.
- One could hypothesize that since Wesley did not show up, Dan would have to assume that he would need to check to see if Wesley had moved out (by way of a 24-hour walkthrough with the landlord) before fining him again.
- The fact that Dan didn't check (again) confirms that he was discriminatorily profiling (again).
- Even though Duane may have no legal defense as to rightful possession of the property on which he resides, Duane does have an extremely valid legal defense as to the requirement that he be correctly served by the correct party during his eviction.
- By Duane not being served properly, he has not enjoyed a single instance of due process, from his first illegal eviction up to his last.
- One might hypothesize that Duane was "properly" served based on the "story" given to judge of his short, 1.5 month tenancy -- where it "looks" like Mark went through the "proper channels" of getting the landlord involved when his "overstayed guests" didn't leave after "being asked to."
- One might hypothesize that Dan received the same "story" and used it as his basis for deciding why not to fine the roommates upstairs.
- The truth is, Mark has been playing "landlord" for over a year now, and never did have any intentions of asking his landlord to "help remove" his "overstayed guests." He's been caught already considering Wesley and Duane tenants by way of him already trying to illegally evict them himself.
- Basically Mark needs to do his own job correctly, rather than depending on his incompetant landlord to do his work for him.
- Vanessa and her attorney even knew enough about Mark's responsbilities and liabilities as the legal landlord by the fact that they thought enough to place his name on the summons in addition to the property management company's name.
- So if they're already assuming Mark is the one to evict, then he needs to be the one to serve the initial 3 Day Notice To Quit.
- If Duane never receives a proper notice to quit by his true landlord, he has no way of proving that Mark willingly, knowingly rented to him for as long as he did.
- Such proof is necessary to prove in Dan's court that Dan did not fine the party directly responsible for breaking his law in the first place.
- 2015/04/08 - Both (and only) Wesley and Duane receive yet another fine from Dan for occupancy violations dating 3/30 - 4/07.
- The fines for each person totalled $9000.
- Included with the fines is a new compliance date of 4/15.
- The three other roommates were again, not fined.
- This is the second ticket that can be invalidated by the preponderance of the evidence that Wesley is no longer living at the residence.
- The fines are still issued after Dan (presumably) finds out via Vanessa that Wesley and Duane have lost their unlawful detainer lawsuit.
- One might hypothesize that Dan plans on fining Wesley and Duane all the way up to the day that the sherriff will be removing them (only Duane).
- Total amount in fines issued (so far) to both Duane and Wesley = $51,000.

