What is an Eviction?
Eviction is the process by which a property manager may legally remove a renter from the property. If you are facing a situation that prevents you from paying rent, it’s important to have a conversation with your property manager to discuss options. Property managers are generally willing to work on a plan to avoid the eviction process.
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Nuts and Bolts on Colorado Evictions
Eviction is the process by which a landlord may legally remove a tenant from a rental property.
Eviction may occur when rent has not been paid or when the terms of the rental agreement have been breached or in certain situations as allowable by law.
A landlord may evict a tenant for many reasons, but he or she must go through the proper legal channels and give the tenant notice. Generally, a landlord must notify the tenant that they are being evicted through an eviction notice. This notice will often specify the number of days that tenants have to correct the problem that has led to the eviction. If the tenant does not comply with the eviction notice, the issue will likely be resolved in court.
The rule of thumb is to spend 30 percent of monthly income on housing. Spending more than this on housing costs can put a person with limited income at greater risk of eviction due to failure to pay rent.
When a person submits a rental application for a new home, the application will likely ask if they have ever been evicted before. Whether or not they answer truthfully, the landlord still may be able to discover a previous eviction. Evictions that end in court settlements show up in credit reports.
If you are unable to make your rent payment, it is recommended that you speak with your property manager to inquire about creating a payment plan. In most case property managers will be able to work with you on a feasible option.
Typical Eviction Process
Typical eviction notices vary from state to state. First, the lease is signed. If issues arise, the landlord and the tenant try to resolve, if nothing is resolved, the tenant will receive a notice for eviction or notice to vacate. The tenant has a limited number of days to resolve. A court date will be set and the tenant is served a summons. The tenant can respond with an answer. The judge decides either in favor of the tenant or the landlord. If the tenant wins, the tenant may stay. If the landlord wins, the judge issues a warrant of eviction or a will of restitution and the tenant leaves. Either party may face court fees and attorney costs depending on state law.