Evictions in Boulder County | Boulder Eviction Lawyer
As a Boulder eviction lawyer James Newell routinely assists both landlords and tenants, ensuring evictions are handled in accordance with best practices and the law. It is important to have an expert on your side so that you can maximize your chances of success, avoid needless complexity, and to ensure you do not incur additional liabilities.
The procedural requirements, grounds, execution process, and appeal process for Colorado evictions are found in the Forcible Entry and Detainer Act. In the courts, eviction cases are commonly called “F.E.D.” actions.
When a landlord claims that cause exists to terminate a tenancy, any of the 11 reasons listed in C.R.S. § 13-40-104 can be invoked. By far the two most common reasons are non-payment of rent and violation of a condition of the tenancy.
A landlord also has the option of terminating a tenancy for no cause with a “notice to quit” served on a tenant the appropriate period of time prior to the end of a lease or at will tenancy term, if no lease is in place. It’s important to note that a notice to quit cannot be served on a tenant and used as the foundation for an eviction action unless the tenancy is at will, there is a substantial violation (i.e., illegal behavior), there is a violation one or more terms of the lease after a valid ten day demand was previously served for the same violation, or the tenancy period is about to end (the exact deadlines by which a notice to quit must be posted prior to the end of the lease term can vary depending on the tenancy period and the particular language found in the lease).
Because the Forcible Entry and Detainer Act supersedes Colorado common law when the two are in conflict, procedures for the termination of tenancies must be strictly complied with. If a landlord does not strictly comply with the eviction statutes the tenant cannot be lawfully evicted and the landlord may be liable for damages stemming from a wrongful eviction. Other potential liabilities may arise, including treble damages, if the landlord does not comply with the Colorado Security Deposits Act (C.R.S. §§ 38-12-101 through -104).
Under no circumstances does Colorado law allow a landlord to use “self-help” measures to forcibly remove a tenant from a dwelling unit. Only by exactly following the prescribed court processes can landlords invoke the power of the state (the court and the sheriff’s office) to remove tenants from rental units. Contact the Law Office of James Newell today to set up an appointment to discuss your case.
If you are involved in a landlord-tenant dispute that may lead to an eviction, and are looking for a Boulder Eviction Lawyer with a results oriented approach tailored to your matter’s specific needs, contact Newell Law. We have the experience and knowledge to help ensure your eviction is being handled correctly.