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  1. #21
    A FUN TITLE asmo's Avatar
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    Quote Originally Posted by Bailey Guns View Post
    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.
    Been there. Done that. Got the T-Shirt. Except in my case the guy brought home a stolen motorcycle.

    He refused to leave and got lawyers involved. He couldn't prove any aspect of a supposed verbal contract. I won.
    What is my joy if all hands, even the unclean, can reach into it? What is my wisdom, if even the fools can dictate to me? What is my freedom, if all creatures, even the botched and impotent, are my masters? What is my life, if I am but to bow, to agree and to obey?
    -- Ayn Rand, Anthem (Chapter 11)

  2. #22
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    Quote Originally Posted by sniper7 View Post
    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.
    fort collins

    Texas life starts in a month

  3. #23
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    i think we have decided to tell him he has until saturday at noon to move out because they have been late on bills/rent and the recent issues with cops and theft they should be gracious I'm giving him that much time.

    if he objects i will feed him some bs about he had a verbal contract with me, not the lessor, any living situation in colorado over 30 days must be in writing, and we let them by on the first few broken agreements, but now its too much. bye bye

  4. #24
    Fleeing Idaho to get IKEA Bailey Guns's Avatar
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    Quote Originally Posted by asmotao View Post
    Been there. Done that. Got the T-Shirt. Except in my case the guy brought home a stolen motorcycle.

    He refused to leave and got lawyers involved. He couldn't prove any aspect of a supposed verbal contract. I won.
    That's a lot different than just being able to "throw them out at any time".
    Stella - my best girl ever.
    11/04/1994 - 12/23/2010



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  5. #25
    Machine Gunner
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    Quote Originally Posted by asmotao View Post
    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.
    Wrong, I had Police/other sources all say inform me once someone has gone and lived under the roof for a week or more, they go and get protection of the eviction process. Basically why they discourage someone "crashing on the couch" for any period of time over a couple days.

    Might want to press charges/file restraining to be safe based on the in room behavior, even if it doesn't stick it could be useful for immediate removal of the person?

  6. #26
    Rebuilt from Salvage TFOGGER's Avatar
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    3 S's....


    Not really serious....

    mostly.
    Light a fire for a man, and he'll be warm for a day, light a man on fire, and he'll be warm for the rest of his life...

    Discussion is an exchange of intelligence. Argument is an exchange of
    ignorance. Ever found a liberal that you can have a discussion with?

  7. #27
    My mom says I'm special Waywardson174's Avatar
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    Quote Originally Posted by aahorn View Post
    if he objects i will feed him some bs about he had a verbal contract with me, not the lessor, any living situation in colorado over 30 days must be in writing, and we let them by on the first few broken agreements, but now its too much. bye bye
    I've personally seed a meth-manufacturing IDIOT destroy a landlord represented by counsel because the landlord tried to pull an illegal (read: without proper procedure) over his eyes. The judge was livid with the landlord and the counsel sat there shaking his head while his client got steamrolled because he violated the law.

    I wish you the best of luck either way, but playing outside the rules means you are no longer protected by them.


    That said, keep us updated.
    I am increasingly persuaded that the earth belongs exclusively to the living and that one generation has no more right to bind another to it's laws and judgments than one independent nation has the right to command another.”
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    To everyone who feels like they are standing on Hadrian's wall as Rome crumbles behind them. - John Ringo

  8. #28
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    in fort collins there is also "U + 2 law" could i say we recieved complaints about how many occupants we have here so you gotta go?

  9. #29
    High Power Shooter CO Hugh's Avatar
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    Since you are in Fort Collins and not Texas try this one: C.R.S. 13-40-107.5 Termination of tenancy for substantial violation http://www.lexisnexis.com/hottopics/...S.+13-40-107.5

    Basically you can evict them quicker for being violent. Read the part about not evicting the boyfriend as a victim of domestic violence, you can toss the offender easily. The victim, the theft may be grounds, or just wait the 10 days (A Notice to Quit) to get them both out at the same time.

    (4) (a) A tenancy may be terminated at any time on the basis of a substantial violation. The termination shall be effective three days after service of written notice to quit.

    (5) (a) In any action for possession under this section, the landlord has the burden of proving the occurrence of a substantial violation by a preponderance of the evidence.

    (b) In any action for possession under this section, it shall be a defense that:

    (II) The tenant did not know of, and could not reasonably have known of or prevented, the commission of a substantial violation by a guest or invitee but immediately notified a law enforcement officer of his or her knowledge of the substantial violation.

    (c) (I) The landlord shall not have a basis for possession under this section if the tenant or lessee is the victim of domestic violence, as that term is defined in section 18-6-800.3, C.R.S., or of domestic abuse, as that term is defined in section 13-14-101 (2), which domestic violence or domestic abuse was the cause of or resulted in the alleged substantial violation and which domestic violence or domestic abuse has been documented pursuant to the provisions set forth in section 13-40-104 (4).

    (II) Nothing in this paragraph (c) shall prevent the landlord from seeking possession against a tenant or lessee of the premises who perpetuated the violence or abuse that was the cause of or resulted in the alleged substantial violation.

    You are on your own to determine if a "substantial violation" occurred. Good Luck.

    Yes, to answer the basic question, you must evict your 2 housemates

  10. #30
    Machine Gunner
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    Quote Originally Posted by foxtrot View Post
    Chargeable offenses doesn't get you out of civil obligations; indeed, you can't even really bring that up in most circumstances. That said, if he "believes" you it could work. Be mindful of giving someone the opportunity to record you however. Generally, if your going to do it, don't threaten it. Your advise indicates you don't have any actual experience w/ the judicial system.
    Alright. What would the police do if she called them up and said, "This man who I barely know who was staying here with his girlfriend who was just arrested the other day has been coming into my bedroom at night while I'm sleeping and I told him to leave me alone but he keeps doing it and says we can't make him leave and I'm so scared he's going to hurt me" what do you think the police would do? Would they remove him from the apartment or would they tell the girls they have to let him stay there? I'm genuinely curious about what might happen in that case.

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