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Thread: Get freeloaders out of my home

  1. #1
    myneighbor is offline Member
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    Question Get freeloaders out of my home

    What is the name of your state (only U.S. law)? Colorado


    Nearly 2 years ago I let a woman & her 3 kids move into my owned home because she was having a hard time financially. There is nothing in writing and she pays nothing to live there. Iím out of town much have no idea what she does when I am gone. We had a sexual retationship which fell apart very quickly after she moved in and we no longer do. She is abusive with screaming and Iíve asked her to leave several times. She refuses. What can I do to get these people out of my home?
  2. #2
    BigMouthWino is offline Member
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    File an eviction. The police are not just going to throw her out without a court order when her and her children have been living there for two years...

    I'm sure she has personal property there, receives mail there, etc. You're going to have to go to court.
    Last edited by BigMouthWino; 06-07-2012 at 10:25 PM.
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  3. #3
    myneighbor is offline Member
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    Quote Originally Posted by BigMouthWino View Post
    File and eviction. The police are not just going to throw her out without a court order when her and her children have been living there for two years...

    I'm sure she has personal property there, receives mail there, etc. You're going to have to go to court.
    What does "File and Eviction" mean? Are you saying "hire a lawyer; file [what] to evict them?"

    What do I have to go to court for?

    Yes, she moved right in like it was her home. I offered to pay her first and last month's rent on an apartment and still she would not leave. So I will be subjected to her vicious mouth for how much longer?
  4. #4
    FarmerJ is offline Senior Member
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    First order of business , since it sounds like you share the house with her GO get a post office box and have all YOUR mail sent there and use that as your base address for notices and eventual possible court to get her out since you dont want her to easily tamper with your mail. Its going to take proper notice telling her to get out and if you have PO box then when you send this notice say via certified mail and she refuses to pick up here mail it will be returned to you to the safety of your POP box so she cant just get hands on it and destroy it. SHe will have to be given the same kind of notice to telling her that she has to move out as if she was a month to month renter with just a oral agreement. Keep in mind even if she does get proper notice , if she refuses to leave the courts are the ones who not only can order her out but in the end give sheriffs deputies court order to bodily remove her if needed in the end.
  5. #5
    BigMouthWino is offline Member
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    Quote Originally Posted by myneighbor View Post
    What does "File and Eviction" mean? Are you saying "hire a lawyer; file [what] to evict them?"
    Sorry I'm trying to learn to use a new wireless keyboard in bed. I meant file "an" eviction.

    What do I have to go to court for?
    To file the eviction. This is where evictions are filed, the courthouse.

    Yes, she moved right in like it was her home. I offered to pay her first and last month's rent on an apartment and still she would not leave. So I will be subjected to her vicious mouth for how much longer?
    Until you obtain a court order to have the sheriff come and remove her from the house. You will have to give her notice, file an eviction, have her served and then have the sheriff evict her. I imagine her mouth is only going to get worse. You said this isn't your primary residence, why don't you go stay in the other one and hire a lawyer to boot her out of there?
  6. #6
    justalayman is offline Senior Member
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    Quote Originally Posted by myneighbor View Post
    What does "File and Eviction" mean? Are you saying "hire a lawyer; file [what] to evict them?"

    What do I have to go to court for?

    Yes, she moved right in like it was her home. I offered to pay her first and last month's rent on an apartment and still she would not leave. So I will be subjected to her vicious mouth for how much longer?
    that is her residence. You cannot simply throw a person from their residence.

    here is a link that appears to have the necessary forms for your state:

    http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=28
  7. #7
    myneighbor is offline Member
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    Quote Originally Posted by BigMouthWino View Post
    Sorry I'm trying to learn to use a new wireless keyboard in bed. I meant file "an" eviction.



    To file the eviction. This is where evictions are filed, the courthouse.



    Until you obtain a court order to have the sheriff come and remove her from the house. You will have to give her notice, file an eviction, have her served and then have the sheriff evict her. I imagine her mouth is only going to get worse. You said this isn't your primary residence, why don't you go stay in the other one and hire a lawyer to boot her out of there?
    Thank you for help, I do feel better. It's my primary residence but I am out of town at least one week per month for my job; I may be able to schedule myself out more.

    I am concerned that she will steal my painting collection too. I cannot move all of my belongings out. I think she will be very vicious about this.

    I had hoped to just rent the apartment for her and pay to move her out.
  8. #8
    sandyclaus is offline Senior Member
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    Since you have allowed this woman and her children to live in your home for this long, they have gained residency - and status as legal tenants.

    In order to force her and her children to vacate, you will need to follow the LL/T (landlord/tenant) laws and have her evicted like any other tenant. Asking her to leave obviously hasn't worked, so if you really want her gone, you will have to follow the proper legal procedures through a court-ordered eviction process.

    Start by giving her WRITTEN notice of your intent to terminate her tenancy. In the case of a month-to-month tenancy (which is the default if there is no written rental agreement), 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. Since no rent was ever agreed upon, you can probably assume that the rental period goes from the first of the month to the last day of the month, so if you give a WRITTEN notice to terminate her tenancy on or before the 20th of the month, she would need to comply by the end of the month by moving out.

    If she fails to comply with your notice, you cannot force her out, remove her personal property, or change the locks. You would need to file a Forcible Detainer/Eviction case in court. Here is the website where you can find forms to use to do it yourself: http://www.courts.state.co.us/Forms/...orm_Type_ID=28
    (NOTE that these forms ALSO include a Notice to Quit form you can use)

    If you do not feel that you can handle doing it yourself, then you can (and should) hire an eviction attorney who can handle the case for you.

    and here is the instruction sheet on how to do it (including filing fees): http://www.courts.state.co.us/Forms/...rm.cfm?Form=40
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  9. #9
    BigMouthWino is offline Member
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    Quote Originally Posted by myneighbor View Post
    I am concerned that she will steal my painting collection too. I cannot move all of my belongings out. I think she will be very vicious about this.
    If you have property that is truly YOURS ALONE (not acquired together during the love relationship) that you are concerned about remove it and put it in storage until you get this mess sorted out. Do NOT remove anything that is hers or she BELIEVES is hers or you're setting yourself up to have your house destroyed.

    I had hoped to just rent the apartment for her and pay to move her out.
    That is very kind and mature of you, unfortunately you picked an unstable person to have a live-in relationship with that is not as kind and mature as you are. Now, should you desire peace and tranquility to return to your life you will have to avail yourself of the legal system to remove her from it.
  10. #10
    myneighbor is offline Member
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    Quote Originally Posted by BigMouthWino View Post
    If you have property that is truly YOURS ALONE (not acquired together during the love relationship) that you are concerned about remove it and put it in storage until you get this mess sorted out. Do NOT remove anything that is hers or she BELIEVES is hers or you're setting yourself up to have your house destroyed.



    That is very kind and mature of you, unfortunately you picked an unstable person to have a live-in relationship with that is not as kind and mature as you are. Now, should you desire peace and tranquility to return to your life you will have to avail yourself of the legal system to remove her from it.

    We purchased nothing together. Yes, I will have to engage a real estate lawyer to simply handle it for me. I am far too busy on my job to even contemplate doing this myself. Sigh...and my mother said "do not let that woman move into your home because you will never get rid of her." LOL.

    thank you for your help. I am grateful.
  11. #11
    myneighbor is offline Member
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    Quote Originally Posted by sandyclaus View Post
    Since you have allowed this woman and her children to live in your home for this long, they have gained residency - and status as legal tenants.

    In order to force her and her children to vacate, you will need to follow the LL/T (landlord/tenant) laws and have her evicted like any other tenant. Asking her to leave obviously hasn't worked, so if you really want her gone, you will have to follow the proper legal procedures through a court-ordered eviction process.

    Start by giving her WRITTEN notice of your intent to terminate her tenancy. In the case of a month-to-month tenancy (which is the default if there is no written rental agreement), 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. Since no rent was ever agreed upon, you can probably assume that the rental period goes from the first of the month to the last day of the month, so if you give a WRITTEN notice to terminate her tenancy on or before the 20th of the month, she would need to comply by the end of the month by moving out.

    If she fails to comply with your notice, you cannot force her out, remove her personal property, or change the locks. You would need to file a Forcible Detainer/Eviction case in court. Here is the website where you can find forms to use to do it yourself: http://www.courts.state.co.us/Forms/...orm_Type_ID=28
    (NOTE that these forms ALSO include a Notice to Quit form you can use)

    If you do not feel that you can handle doing it yourself, then you can (and should) hire an eviction attorney who can handle the case for you.

    and here is the instruction sheet on how to do it (including filing fees): http://www.courts.state.co.us/Forms/...rm.cfm?Form=40

    Thank you for this excellent answer. I see now that this is going to be a very big deal and I am ill-prepared for it. I will have to engage counsel to hire it. I hope I can get one that will make it a priority so I can get my home back.
  12. #12
    BigMouthWino is offline Member
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    Quote Originally Posted by myneighbor View Post
    Thank you for this excellent answer. I see now that this is going to be a very big deal and I am ill-prepared for it. I will have to engage counsel to hire it. I hope I can get one that will make it a priority so I can get my home back.
    Evictions attorneys are generally very efficient. They are in the business of returning property to owners in a timely fashion. If you don't want to play roulette in the yellow pages call a local landlord/property manager and ask for a referral.

    I can tell you that in the debt collection business anytime we are suing in a new area and need to find a good process server we call an eviction attorney for a referral, they always know the best servers.

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