subleasing to idiots. need some help

[Bailey Guns]

Did you have them sign a lease? If not you can throw them out any time.

If you did have them sign a lease, unless you have a pretty well worded clause regarding crime on the property, then you be fucked and will have to go through the eviction process.

That is about as wrong as it possibly can be.

If you've allowed them to stay, even without a lease, you may have to formally evict them if they choose to fight it and know their rights under the law. Now, if you can "convince" them to leave voluntarily that's a different story.

[Waywardson174]

I may be wrong (as is usually the case) but I was under the impression that CRS 38-10-108 only applied to the lease or sale of unimproved land.

There is no limitation I can see in the statute itself or any of the annotating case law. Leases of less than one year are the only specific exception made to the writing requirement.

[cysoto]

Let me begin by saying that I AM NOT A LAWYER but it is my understanding that, any contract (verbal or written) would be binding in this situation. If the OP has no written agreement and no specified contract clauses, (baring both parties agreeing to part ways amicably) as it has already been mentioned, he will have to go through an eviction process.

38-12-510. Unlawful removal or exclusion
It shall be unlawful for a landlord to remove or exclude a tenant from a dwelling unit without resorting to court process, unless the removal or exclusion is consistent with the provisions of article 18.5 of title 25, C.R.S., and the rules promulgated by the state board of health for the cleanup of an illegal drug laboratory or is with the mutual consent of the landlord and tenant or unless the dwelling unit has been abandoned by the tenant as evidenced by the return of keys, the substantial removal of the tenant's personal property, notice by the tenant, or the extended absence of the tenant while rent remains unpaid, any of which would cause a reasonable person to believe the tenant had permanently surrendered possession of the dwelling unit. Such unlawful removal or exclusion includes the willful termination of utilities or the willful removal of doors, windows, or locks to the premises other than as required for repair or maintenance. If the landlord willfully and unlawfully removes the tenant from the premises or willfully and unlawfully causes the termination of heat, running water, hot water, electric, gas, or other essential services, the tenant may seek any remedy available under the law, including this part 5.

[cysoto]

There is no limitation I can see in the statute itself or any of the annotating case law. Leases of less than one year are the only specific exception made to the writing requirement.

In that case, since the OP has no written contract, will he have to prove what agreement (if any) they had as to the length of the lease?

Edited to add:
I think I found the answer to my question on page 78 of the Ft. Collins Landlord-Tenant Handbook: (http://www.fcgov.com/neighborhoodser...lthandbook.pdf)

8. If the landlord and tenant do not have anything in writing, do they have any sort of lease? Colorado law requires any lease longer than a year to be in writing or else it is void. (C.R.S.38-10-108). Verbal arrangements for less than a year can be enforceable, but there can be problems proving the terms of the verbal agreement if a dispute does arise. If you clearly have a month-to-month verbal arrangement with no other understanding, the tenancy can be terminated with 10 days written notice prior to the end of the month. This is a vulnerable position for you to be in as a tenant. Some leases state that holdover past a specified term results in a month-to-month with other terms of the old lease still applying. If the lease does not state what happens upon holdover, the law imposes a new tenancy for the same length as the original lease. Different types of leases are further explained on page 4.

[aahorn]

I was also going to bring up the possibility of a no sublease clause causing you some trouble. My question is if there's any legal reason you can't toss their stuff out and say they're tresspassing. I know it's not really that simple but you know...something along those lines.

I was thinking something along those line initially. leave or i will say your trespassing, but then i thought that renters have rights even if they are not under contract, so that may be an issue. although i highly doubt they have the IQ required to figure this stuff out.

Is the girl even hot?

hell no. shes a beast. she dwarfs him. and told him they were engaged after knowing eachother 6 months.

NOPE CRS 38-10-108


Here are the forms/information for evictions in Colorado. If I were you I would follow this stuff exactly.

thanks!

that's how I would play it.. angle it like you are "letting" them out of the lease before you "have to get the cops involved, get the attys, and eviction etc"

and see what they do....

i like this idea

[TFOGGER]

Chemical warfare: Baked beans, pickled eggs, beef jerky, and malt liquor. Repeat as necessary.

[sniper7]

are you down in TX like your location says or back here? TX might have a whole different set of laws and statutes.

I think down there, the barrel end of a shotgun is an eviction notice.

[cysoto]

TX might have a whole different set of laws and statutes.

Good catch! I hadn't seen that.

[Waywardson174]

Chemical warfare: Baked beans, pickled eggs, beef jerky, and malt liquor. Repeat as necessary.

[There is no ROFLandcrying emoticon.]

[Great-Kazoo]

So your room mate on the lease caught a non leese stealing and felt there was potential for assault on her person. GFB homie or we contact LE.