Eviction in Aurora occurs when a landlord removes or expels a tenant from his/her rental property prior to the completion of lease. In Colorado, this process is also referred to as Forcible Entry and Detainer (FED). The government has well-defined rules and laws for this act. And no landlord is allowed to carry out any kind of “self-eviction”. For example, he cannot perform actions like threatening, changing the lock, terminating the supply of utilities and other services, etc. However, if he attempts to do so, he will be liable to all type of damages occurred by such actions.
If you also want to evict someone in Aurora, Colorado. Then you should follow all the rules and legal procedures set by the government. Otherwise, the eviction may not be successful. This article will help understand the complete process of eviction in Aurora Co. In fact, it covers the eviction process in Denver, the eviction process in Littleton and all surrounding Denver metro cities.
Eviction Without Cause in Aurora
In General, there should be a legal reason to evict someone before the expiration of the lease. If you don’t have any specific cause for doing so, then you should wait for the lease to expire. Moreover, there is no need to give prior notice if the lease states such terms. However, you are bound to send a notice if the lease itself says to do so. Another notable issue is that you should not accept the rent if you want them out when the lease ends. Otherwise, the lease will renew automatically, and you will be bound to wait again for its expiration.
Unlike a fixed term-term lease, you can evict a tenant in a month-to-month lease even without a legal cause. This can be done by sending them a 7-day notice stating that their tenancy will expire in seven days and they must leave your property within this time.
Eviction With Cause in Aurora
If you have some valid reason to evict a tenant before the completion of the rental agreement or lease. Then you can take help from state rental laws set by the Colorado government.
Such reasons for eviction include but are not limited to:
- Failure to pay the rental payment
- Causing material damage to the property
- Refusal to move out after the expiration of the rental agreement often termed as a holdover
- Breaking the rules stated in the lease
- Causing nuisance affecting the health and safety of others in the vicinity
- Taking part in any kind of criminal activity
Notice of Termination
If you want to expel a tenant on the above-mentioned grounds, then you have to terminate the lease first. And the Colorado rental laws require you to send a three-day legal notice often known as Right to Possession. The notice must include the tenant’s name, address, issuance date, reason(s) for eviction or demand for cure and landlord’s signature. It is also important that you should keep a copy of the notice which will prove helpful in further proceedings. Moreover, either you handed it over by yourself of dispatched via mail, you should record such facts too.
There are some lease violations or failure to pay issues where you can demand correction in the notice. However, there also exist some incurable grounds where they must leave the property. For example, criminal activities or any other major damage. In that case, the notice does not demand correction rather ask them to leave.
Filing for Eviction in Aurora
If you find that the tenant did not respond to the eviction notice within the given time. The next step is to file a lawsuit against the tenant. This can be done by filing three forms in a Colorado Clerk office. Then the clerk will give a hearing date typically of 5-10 days after filing the case. During this time, you should collect all the evidence and related documents to make your case strong. It’s better to let an experienced attorney handle your case filing.
During the hearing day, if the tenant doesn’t show up, you’ll automatically win the case. However, if they attend the hearing, the judge will also give them a chance to defend their position.
Writ of Restitution
Let suppose you being a landlord, wins the case. Then you can ask for a Writ of Restitution which directs the sheriff to remove the tenant form your property. And he will do this forcibly if the tenant did not leave in 24 hours in the first place.
Also, as Colorado is a ‘loser pay state’. The tenant will be liable to pay the eviction costs and attorney fee as well.
Are You The Tenant Facing Eviction in Aurora?
If you are facing eviction in Aurora or any other Denver metro city chances are it’s because you don’t have the money to pay your bills. If you are facing overwhelming debt issues it might be time to talk with a bankruptcy attorney.
As always, I offer a free consultation.