State Specific Question About: COLORADO (CO)

What does "signed possession over to us on 12-17-09" mean? If they gave up possession then you were free to enter, re-rent, or dispose of their leftover goods acording to CA law.

Did the "signed possession" have an effective date? Then they are bound by it.

12/17/09 is the date of the JUDGMENT, not the effective date of possession.

When and how did you finally get actual possession (if you ever did)? The judgment isn't enough. See a lawyer that specializes in evictions to try to keep you out of trouble.

Indeed -- if this were Michigan, that judgment would basically mean that you could then go and have them evicted -- not that you could just walk in and change the locks.

So, if they are arguing that they were still there -- and there stuff was there -- then you are likely looking at an illegal lock-out (i.e. self-help eviction). At least, that is what it would be here.

As Moshe said, get a lawyer and start doing it right until you know the laws very, very well. Hopefully, you'll not get bitten for this oversight/misunderstanding.

- John...

Contact a eviction flat fee lawyer. Tell them what has happened and seek their advice on how to proceed.

I would guess that you will have to give them a key. Then set up a proper lock out with the sheriff. I think that is how it would work out with me if in this sitch in CA.

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This is the 29th and they were locked out on 26th. Did they call right away on the 26th? Or did they call today? I'm wondering if they were still in house. Also if you have waited a couple of days. If you have waited a couple of days I would step it up and rectify right away.

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Regardless you did not proceed correctly by the law. Tenants are correct in this case.

I always use a flat fee eviction lawyer for every eviction I have ever had. I want that peace of mind that court/eviction goes correctly.

Jan,

You said earlier that "they did still have a lot of junk there."

It doesn't matter if no one was sleeping there or not. You took away their possession of the premises without due process of law.

I missed that this is a month ago.

So what are these ex-tenants doing?

Are they taking you to court? What are the grounds they are taking you to court on?

Are they trying to get money out of you?

What do they want?

You need a eviction lawyers advice. Not a bunch of opinions from a Landlord forum.

It's my understanding from the info you have provided that you did not proceed correctly according to CO state law. No matter how you

interpret the judgment. It was not the correct way to proceed. Now you have a problem. You need professional advice.

This is what we call paying for a education.

Please choose to PAY a lawyer to find out the best way to proceed. Or it may cost you a LOT more down the road.

I hope you took lots of pictures of the tenants possessions. And that you got rid of them in accordance to your state and city laws?

Only other way I see to end this issue once and for all. Is to offer cash for signed agreement of release of this issue & possession of your property. Of their possessions. You could offer them what it would cost if you used a lawyer to finish this thing completely. Offer too little and may fuel them up to go after you for everything including art of x-amount of money, rare coins. ETC which of course they never had. But will try to get more money out of you for.

Is this your first rental? Or have you been in the business for a while?

You need to at least read the CO law pages linked on the front door of this forum at the top left.

Read the sections on eviction and on security deposits.

snip from eviction section.

Eviction Procedure - Unlawful Detainer

A. Three Dav Notice

If the proper 3 day written notice has been given to the tenant, the tenant should immediately call the landlord, the Community Mediation Service, 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." (Section 1340-101 et seq., C.R.S.)

-The 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 attorneys 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.

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What about their security deposit? Did they have one? How did you proceed with that?

In CA even if evicted with a sheriff lock out even if they did not have a security deposit you still need to do a accounting of their possessions. You have to offer them a one time appointment to come and get their things. You then must hold it for 15 to 18 days. After that time is up. Then if the total amount of worth of their items is $300 or under you can get rid of their stuff any way you want declaring pauper status.

Jennie: What you did in your situation sounds fine. The tenants gave you back the keys and clearly indicated return of possession.

However, in THIS case, there is more to it. At first, they said that they signed back possession -- but, when more details were given, it turns out that they actually signed a "Motion and Order for Entry of Judgment" -- which might not mean immediate return of possession.

I don't know MO law, so I can't say. To me, that sounds more like Michigan's JUDGMENT which awards possession back to the landlord, but does NOT mean an IMMEDIATE return of possession. If all I have is a JUDGMENT for possession, but a DC107 Order of Eviction has NOT yet been done, then it would certainly be illegal for me to go change the locks.

So, again, THAT is what it sounds like to me happened in this case. They simply signed an agreement to return possession -- similar to a Judgment for Possession here in Michigan -- but keys were NOT returned. Therefore, it would be premature to go change the locks at that point. The Eviction phase (again, DC107 issued in Michigan) had not been reached yet -- nor actual possession returned.

So, I think you were fine in your case -- I don't think they were fine in this case.

- John...

Correction: I meant that I don't know CO law -- I said MO for some reason.

Also, if keys were returned, I agree that would be different. I don't get the impression that keys were returned in jan's situation.

- John...