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I'm attending this event right now and will share what I learn about the current eviction process in Colorado. https://twitter.com/9to5Colorado/status/1272944708709486593
Starting with a conversation about power. "The people who have the power own all the resources we need to survive." It's a 101 about capitalism and the 1%. "They require our struggle in order to shape our world...especially black and brown folks"
An example of abuse of power: Denver Meadows. An Aurora mobile home park owner wanted to sell the land to developers, leaving home owners scrambling. He gave the residents only 6 months to relocate. The residents raised the money to buy the property, but the owner refused.
Denver meadows organized and built power for themselves and their community. They pressured land owner and city council to push back the time to relocate to 2 years and received relocation assistance.
Knowing your rights is one tool (of many) to build power. A disclaimer about this information: this is legal information, not legal advice.
This is information about how the world currently is, but we should be building towards how we want it to be.
Where to find things you need to know
* the law (today, focusing mainly on statewide)
* your lease
* the law (today, focusing mainly on statewide)
* your lease
The Lease: Contract between you and your landlord, parties to the lease (you and landlord/management company), amount of rent & due date.
****Grace periods aren't the law here, you only have one if it's in your lease
****Grace periods aren't the law here, you only have one if it's in your lease
Terms of lease, rights vary depending on length of lease
How to communicate with your landlord: email, portal etc, important to follow
How to communicate with your landlord: email, portal etc, important to follow
You have the right:
* copy of your lease no later than 7 days after signed
* payment receipts of rent (electronic or paper), good idea if you use a money order
**** No penalties or damages for noncompliance from landlord
* copy of your lease no later than 7 days after signed
* payment receipts of rent (electronic or paper), good idea if you use a money order
**** No penalties or damages for noncompliance from landlord
The Eviction Process
* Landlords must follow the legal process before eviction
* Tenants must receive notice before eviction
**** If steps aren't followed, you have a right to stay in your home until they are. Threats, verbal warnings, written demands are not enough
* Landlords must follow the legal process before eviction
* Tenants must receive notice before eviction
**** If steps aren't followed, you have a right to stay in your home until they are. Threats, verbal warnings, written demands are not enough
Reasons for Eviction, Violation of lease:
* minor,
* nonpayment of rent,
* substantial violation
**** These are the categories that must be identified in eviction notice
* minor,
* nonpayment of rent,
* substantial violation
**** These are the categories that must be identified in eviction notice
Minor Violation:
10 days to comply with the lease or to move (Right to cure period)
Ex: bbq grill on patio
10 days to comply with the lease or to move (Right to cure period)
Ex: bbq grill on patio
Once you have received the 10 day notice, and have "cured the violation" you can't be evicted.
Document how you resolved the issue.
Document how you resolved the issue.
Nonpayment of Rent:
* Same 10 day general notice
* If you don't pay your rent within the time frame, you can be evicted
**** This has been changed to 30 days during Covid, more later
* Same 10 day general notice
* If you don't pay your rent within the time frame, you can be evicted
**** This has been changed to 30 days during Covid, more later
Substantial Violation-something that happens near or in your home that endangers the community:
* 3 day notice, no right to cure (can't fix it)
Ex: crime
* 3 day notice, no right to cure (can't fix it)
Ex: crime
Exceptions to 10 day notice:
* Repeat minor violation, you have no right to cure
* 3 day notice for employer-provided housing agreements.
Ex: property managers live on site.
* Repeat minor violation, you have no right to cure
* 3 day notice for employer-provided housing agreements.
Ex: property managers live on site.
Your lease might specify less than 10 day notice if the landlord hads an "exempt residential agreement". Uncommon
After eviction notice, the next step is you'll receive a Summons and Complaint for your day in court. You can still stay in your home. It's a physical piece of paper. Provides a date in court. Must be given to you at least 5 days before the court date.
If the summons is posted on your door and not handed to you personally, the landlord can not pursue a money judgement. More on that later.
At this point, apply for assistance with Colorado Legal Services if you need an attorney. If they can't help, @9to5Colorado also has a limited program apply.
Do this before your court date.
Do this before your court date.
You have 2 options once you receive the summons:
* File an answer
* Sign a stipulation
**** If you don't take one of these actions, a judge enters a default judgement. They automatically side with the landlord!!! They can evict you as soon as 48 hours. %#$!
* File an answer
* Sign a stipulation
**** If you don't take one of these actions, a judge enters a default judgement. They automatically side with the landlord!!! They can evict you as soon as 48 hours. %#$!
Filing an answer:
* Speak with an attorney prior to doing this
* Opportunity to tell the judge why you should not be evicted
* Counter claims to landlord
* Speak with an attorney prior to doing this
* Opportunity to tell the judge why you should not be evicted
* Counter claims to landlord
Entering a Stipulation:
* Signed agreement between you and landlord
* settles eviction without a judge
* filed with court
**** Be very careful because this may consent to an eviction and take away your legal rights
* Signed agreement between you and landlord
* settles eviction without a judge
* filed with court
**** Be very careful because this may consent to an eviction and take away your legal rights
You are not required to enter a stipulation. If you don't understand it, DON'T SIGN IT.
It is not a formal arm of the court. It's prepared by the landlord and their attorney. Tell the judge if you don't understand it.
It is not a formal arm of the court. It's prepared by the landlord and their attorney. Tell the judge if you don't understand it.
If signed a stipulation, case is over.
If you file an Answer, you will get a hearing.
**** Talk to an attorney prior to all of this.
If you file an Answer, you will get a hearing.
**** Talk to an attorney prior to all of this.
Colorado Eviction Law
* Until your landlord has an order from the court, you can not be evicted from your home
**** Don't let your landlord convince you otherwise
* Until your landlord has an order from the court, you can not be evicted from your home
**** Don't let your landlord convince you otherwise
I'm dropping off to attend a work meeting, but the session is recorded and I'll update this thread when I watch it.
