Legal Question in Civil Rights Law in Colorado

Rental

How many days do I have to move out of a house. They are trying to say for none payment this month that I only have 3 days to move.


Asked on 4/09/07, 6:54 pm

1 Answer from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: Rental

The landlord must give you the three days' notice you refer to, in writing. That notice must give you the alternatives to pay the rent, or surrender the premises. If it is not in writing, the landlord cannot proceed to filing a complaint under the forcible entry and detainer (eviction) act. An exception is if your lease waived the written notice.

If notice is satisfied, you have three days to move out, before the landlord may file a suit in eviction.

Once filed, you'll be issued a summons commanding you to appear before the court. That will take at least five business days (Saturdays, Sundays, and holidays don't count). If you don't answer the complaint, the court will order immediate judgment for possession (eviction).

When a judgment is ordered against you, you have the right to appeal to the district court. This takes more time. If you lose at appeal, it takes another two days before a sheriff can execute a writ of restitution, during daylight hours, and remove your stuff.

So, as you can see, you have many more than three days to actually move out of the house.

But if you can work an alternative arrangement with the landlord, such as a payment plan, you may be able to buy even more time, or forestall eviction altogether.

Good luck.

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Answered on 4/10/07, 4:10 pm


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