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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default Family Eviction

    My question involves an eviction in the state of: Colorado. My niece has been renting an old mobile home parked on her father's property. She pays rent. They had an argument 3 days ago and he posted a note on her door and said he wanted her out by October 20. He told her not to pay rent this month since he was kicking her out. There is no lease. (He also walks into her place any time he feels like it.) She obviously needs to leave but how much time does she have? She makes minimum wage and needs some time to save up money.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Family Eviction

    She actually has until the end of the month to move, under Colorado Landlord and Tenant rules, because notice is to be served 10 days before the next rent is due. Any other notice is insufficient.

    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.
    If she doesn't move, he'll have to file formal eviction proceedings.

  3. #3
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Family Eviction

    Missy is right due to the fact that there is no lease in place. Your niece will have to move out within the 10 day period.

    When you don't have a written lease, you are considered being on a month to month rental agreement (assuming she was paying monthly rather than weekly or some other arrangement.

    Unfortunately, it looks like she is in a tight jam. I definitely would not recommend any kind of eviction. With an eviction on your public record it will make it next to impossible to find another place to rent.

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