Can my landlords spouse evict me if he doesn't want to?

[Tmus]

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

I'm renting a basement from the man who owns the home. He is currently going through a divorce with his wife, who is not on the title/deed (though it is marital property) and he isn't currently living there. She is, and she is trying to evict me for personal reasons. I pay him my rent, I have a lease with only his name on it. She provided me with a non-court ordered eviction notice a few weeks ago, and he provided me with a revocation of eviction notice, as well as paperwork removing her power of attorney and a new lease with only his name on it. Can she still go down to the court and file an eviction against me even if my lease is through him and only him? Would the courts just do it for her even though her name is no where on the title/deed of the home, or would they contact him?

 

[Just Blue]

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

I'm renting a basement from the man who owns the home. He is currently going through a divorce with his wife, who is not on the title/deed (though it is marital property) and he isn't currently living there. She is, and she is trying to evict me for personal reasons. I pay him my rent, I have a lease with only his name on it. She provided me with a non-court ordered eviction notice a few weeks ago, and he provided me with a revocation of eviction notice, as well as paperwork removing her power of attorney and a new lease with only his name on it. Can she still go down to the court and file an eviction against me even if my lease is through him and only him? Would the courts just do it for her even though her name is no where on the title/deed of the home, or would they contact him?

I STRONGLY suggest you extract yourself from this mess. If your buddy gains the property in the divorce....move back in.

 

[adjusterjack]

She can file it.
She can serve it on you.
You can go to court and raise a defense that your landlord is the owner not her.
You would, of course, bring him to testify.
You would probably win and remain in the house.

I can think of one thing that might change that and that is if the divorce court awarded her possession of the house during the divorce. You might want to visit the courthouse and monitor the divorce file to see it that's been requested or is happening.

 

[Tmus]

I STRONGLY suggest you extract yourself from this mess. If your buddy gains the property in the divorce....move back in.

I agree with that, but I'd definitely need time to find a place and actually move. She isn't trying to give me the time I need, and that's the real issue.

 

[Tmus]

She can file it.
She can serve it on you.
You can go to court and raise a defense that your landlord is the owner not her.
You would, of course, bring him to testify.
You would probably win and remain in the house.

I can think of one thing that might change that and that is if the divorce court awarded her possession of the house during the divorce. You might want to visit the courthouse and monitor the divorce file to see it that's been requested or is happening.

Even if she is no where on the title of the home? The divorce has been filed and were just waiting on her to be served. She's a felon, and refuses to work, so she has no income. It's very unlikely they will grant her possession of the house, and also unlikely they will force them to sell, as they've owned it for only a year. He already got a revocation of eviction, so I assume if she tries again (legally this time, the last time wasn't filed through the court), hell make me another.

 

[adjusterjack]

Even if she is no where on the title of the home? The divorce has been filed and were just waiting on her to be served. She's a felon, and refuses to work, so she has no income. It's very unlikely they will grant her possession of the house, and also unlikely they will force them to sell, as they've owned it for only a year. He already got a revocation of eviction, so I assume if she tries again (legally this time, the last time wasn't filed through the court), hell make me another.

You need to understand the difference between being able to do something and being able to do it successfully.

She CAN file and seek eviction through the courts.

Given the circumstances you describe, she is not likely to be successful.

You will have to go to court if you are served with court eviction papers. That's how it works.

But now you have me confused.

they've owned it for only a year.

You originally wrote that she "is not on the title/deed" and now you seem to be contradicting yourself by saying "they've owned it."

Check the deed at the county records as the ownership might change things.

At any rate, I also agree that you should get out of there as soon as you can. Any eviction process takes a couple of weeks and you may have a week or two before you actually get served. I suggest you make the best use of your time instead of waiting for the axe to fall.

 

[HRZ]

I disagree in part...if you have a valid lease created with an owner of the property you may be living there a long long time ...and you might wisely also get an written extension or right to renew for XX time for a modest consideration of $ x paid now ...for a realistic rent .

A valid lease / extension would be binding on a new owner ...the owners may have a fight about who gets the rent, but you pay the rent as per the lease for now.

This is not your fight and by staying out of the fight you may be able to be there a long time .

she wins only if you let her win ,
Look up "quo warranto " and use it if it fits...if she is not the owner of record or legal agent of the owner ..she may have same status as your LL as the barmaid on other side of town .

ANd as far as I know if there are two co owners of a property, a lease created by one of them remains valid for the tenant so long as tenant is not in breech of lease...

your comments about her criminal past , work habits etc ...are damaging to you if you keep making them , STOP and if make such comments in court ..expect to be in a deep hole.

 

[Tmus]

You need to understand the difference between being able to do something and being able to do it successfully.

She CAN file and seek eviction through the courts.

Given the circumstances you describe, she is not likely to be successful.

You will have to go to court if you are served with court eviction papers. That's how it works.

But now you have me confused.



You originally wrote that she "is not on the title/deed" and now you seem to be contradicting yourself by saying "they've owned it."

Check the deed at the county records as the ownership might change things.

At any rate, I also agree that you should get out of there as soon as you can. Any eviction process takes a couple of weeks and you may have a week or two before you actually get served. I suggest you make the best use of your time instead of waiting for the axe to fall.

I see what you're saying. She can file, though unlikely she will be granted an eviction.

As far as ownership of the house, I have checked the records, and it is only him on the deed. I say "they" because it is technically marital property, though she has no monetary ownership. Sorry about the confusion.

 

[HRZ]

Who told you that marital property counted for anything as to right to control or manage anything as to a 3d party?

But yes, smart to have checked property ownership and smarter yet to have a copy or even 3 copies of deed when if she ever drags you to court ..and if I was really worried , I might get an official copy of deed , ex record or what ever applies...the other side could easily challenge authenticity of unofficial copies ..but generally speaking it would be her duty to prove your opinion lease was invalid and you were merely some sort of tenant at will or at sufferance or whatever applies in your area.

Stay out of marital fight...and keep you opinions about people silent