• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Eviction procedure for an increasingly unstable person listed as "dependent adult" in Colorado

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Midwest1

Junior Member
I live in Colorado.

I am in need of advice on how to properly evict a family member that began living with me. I lease an apartment and added this person as a "dependent adult" 2 months ago to my lease. This person has become highly unstable (dementia, addiction to a prescribed narcotic, highly vindicate and now in becoming physically violent). I now realize after trying everything I can think of non-legally that I must proceed to an eviction. This person is elderly and highly manipulative, so I fear retaliation.

My lease ends 1/15/24 but I would like her out earlier if possible because the situation is getting worse and is untenable.

How do I legally proceed? Are there any special considerations or actions I should take legally due to her increasing instability and possible continued physical confrontations? Does the fact that she is listed as a "dependent adult" on my lease require anything different being done? Thank you in advance for your assistance,
 


Taxing Matters

Overtaxed Member
Before I get into your possible options, there four groups of questions I have for you that would impact my answer:
1. You have her listed as a dependent adult. That suggests that there is someone else who is responsible for her care. Does she have a court appointed conservator? If not, is she at least legally competent? Have you had any discussions with other family members about this?
2. You mentioned she has become "physically violent". What has she done specifically? Has she struck you or anyone else in the home, and if the answer is yes, were those incidents reported to law enforcement?
3. You've had her living there for just two months. Has her dementia gotten noticeably worse in that period of time? How much did you know about her condition when she move in?
4. In what county do you live?

Your options will be different depending the answers to those questions.
 

LdiJ

Senior Member
I live in Colorado.

I am in need of advice on how to properly evict a family member that began living with me. I lease an apartment and added this person as a "dependent adult" 2 months ago to my lease. This person has become highly unstable (dementia, addiction to a prescribed narcotic, highly vindicate and now in becoming physically violent). I now realize after trying everything I can think of non-legally that I must proceed to an eviction. This person is elderly and highly manipulative, so I fear retaliation.

My lease ends 1/15/24 but I would like her out earlier if possible because the situation is getting worse and is untenable.

How do I legally proceed? Are there any special considerations or actions I should take legally due to her increasing instability and possible continued physical confrontations? Does the fact that she is listed as a "dependent adult" on my lease require anything different being done? Thank you in advance for your assistance,
Timing wise I don't see how evicting her would get her out any quicker than the end of your lease. You have less than two months to go until the end of your lease. An eviction case could easily take that long. Particularly with the holiday season in the mix.
 

adjusterjack

Senior Member
The issue may be that the Poster leaves at the expiration date and the relative doesn't. I would get the relative out as quickly as possible before that becomes an issue.
 

Litigator22

Active Member
I live in Colorado.

I am in need of advice on how to properly evict a family member that began living with me. I lease an apartment and added this person as a "dependent adult" 2 months ago to my lease. This person has become highly unstable (dementia, addiction to a prescribed narcotic, highly vindicate and now in becoming physically violent). I now realize after trying everything I can think of non-legally that I must proceed to an eviction. This person is elderly and highly manipulative, so I fear retaliation.

My lease ends 1/15/24 but I would like her out earlier if possible because the situation is getting worse and is untenable.

How do I legally proceed? Are there any special considerations or actions I should take legally due to her increasing instability and possible continued physical confrontations? Does the fact that she is listed as a "dependent adult" on my lease require anything different being done? Thank you in advance for your assistance,
Does the present lease expressly include the annoying family member as a named party lessee? If not, explain why you state that she was added to the lease.

If she is so named, is there any language in the lease that differentiates between your conferred rights under the lease and those of the now included family member?

If your contention is that those conferred rights are not equal and somehow are discriminatorily favorable to you, please explain how and why in reference to the terms of the lease and/or any independent agreement between you and the family member.

Is there any existing written and signed documentation wherein you are authorized or have reserved the option to arbitrarily terminate said family member's leasehold rights? If, so please explain.

What is your understanding of the meaning and purpose of the term "dependent adult" as you have used it in this context? Why are you using it here?
Is it your belief that when the term "dependent adult" is used to designate a person named as a lessee or tenant in a lease or rental agreement that it somehow diminishes the individual's contractual rights therein; augments yours?

Do you contend that the conferred rights of a lessee vary depending on whether an original or added lessee?

For sake of discussion, let us assume that the family member was not just added to the lease, but was an original party to it. And as here latter becomes troublesome rendering the relationship "untenable".

Do you believe that given those conditions that you could arbitrarily evict the troublesome individual? I think you would not think so! So why do you think so under these circumstances? How does your present situation differ from my hypothetical?
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top