Get CO JDF 97 2012

Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed.

An FED stands for Forced Eviction Detainer. The important word here is Eviction . We do not rent to persons who have an eviction of record that has occurred in the past several years. An eviction should not be confused with a termination.

eviction. n. a generic word for the act of expelling (kicking out) someone from real property either by legal action (suit for unlawful detainer), a claim of superior (actual) title to the property, or actions which prevent the tenant from continuing in possession (constructive eviction).

A Forcible Entry and Detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice.� This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale.� The laws governing forcible entry ...

1 : the forcible entry upon and keeping of real property without authority of law. 2 : the statutory proceeding to regain possession of real property taken through a forcible entry and detainer.

Landlords may usually use a 30-Day or 60-Day Notice to Vacate to end a month-to-month tenancy when the tenant has not done anything wrong. Many rent control cities, however, do not allow this; they require the landlord to prove a legally recognized reason for eviction ("just cause") of the tenants.

Unless your lease clearly makes other arrangements, such as applying a last month's rent that you paid upfront, you must pay your rent through the date you move out. However, if your landlord is evicting you for failing to pay the rent, criminal activity or other lease violations, you could receive a three-day notice.

Evicting a tenant isn't easy if his name's on the lease. Landlords can't evict even obnoxious tenants without a valid cause. Roommates have no authority at all to evict someone who also signed the lease.

Most state laws prohibit landlords from adding language in the lease to "waive" this right. Most landlords require tenants to pay a security deposit upon signing the lease, which is then returned to the tenant after the lease term ends (minus any money needed for repairs, cleaning, or unpaid rent).

To evict the tenant for one of these reasons, the landlord must first terminate the rental agreement or lease. This happens when the landlord gives the tenant a notice. If the tenant has not paid rent or has violated the lease or rental agreement, then the landlord must give the tenant a three-day notice.

In most cases in Colorado, an eviction will take approximately 25 days between the date of the lease violation and the date the sheriff physically removes the tenant from the leased premises. If you are evicting a tenant from a mobile home lot, this time period is extended to approximately 37 days.

Colorado state law has defined legal cause as the tenant failing to pay rent, violating the lease or rental agreement, or committing a serious act, such as a crime or violence toward another resident. To evict the tenant for one of these reasons, the landlord must first terminate the rental agreement or lease.

In Colorado, tenants have 3 days to pay their rent, remedy their breach of the lease, or move before a landlord may file for eviction (Colorado Rev. Stat. Sec. 13-40-101). Notice to Quit: This is a 3-day notice.

a statement that if the rent due is not paid within three days of the notice the tenant must move out of the rental property or may be evicted, and.

The only way a landlord can terminate a lease and evict a tenant from any type of rental property is by going through a Forced Entry and Detainer (FED) legal action to obtain a court order requiring the tenant to vacate the property. It is never legal for a landlord to evict a tenant without a court order.