Know your rights: A landlord’s nightmare
Can you imagine trying to sell a home from out of state, but you can’t because people you don’t know are living inside and refuse to leave?
“It’s been a nightmare,” said Sgt. 1st Class Terry Walls, an Iraq War veteran who was based out of Fort Carson for nine years. “I’ve been trying to sell the house to buy a new one here in Alabama.”
But his house needed repairs and his son’s friend offered to help.
“He was going to do it for free, because he was a friend of my son,” Walls said.
Walls said he paid him for the necessary supplies.
“But they spent my money and they never fixed anything,” said Walls.
Instead of making repairs, Walls said the man just moved into his house.
“He’s [been] livin’ in my house for four months,” said Walls.
Has this happened to you? If so, you should know Colorado law favors landlords or the homeowners in situations like Walls’.
A statute just passed in 2018 allows homeowners to remove unauthorized people living inside their home, as long as there was no current or prior written agreement.
But to make sure homeowners are not liable for the personal property of the occupant, a formal eviction process may be the way to go.
“This process is for homeowners who have a formal written or legal lease,” said Natalie Sosa, with the El Paso County Sheriff’s Office. “This process is for a landlord or property owner who has a written agreement or lease with a tenant.”
The homeowner has to post a written notice on their door and if nothing happens for three days, they can go to court.
“A landlord or property owner can file the appropriate paperwork with the court, once the judge rules in their favor and issues a writ of restitution they can bring that to the Sheriff’s office to start the legal eviction process,” Sosa said.
A process Wells is now forced to do.
“It’s just so frustrating … that is not their house,” he said, as he continues to try and sell his home.
It’s important to note that if the person being removed from the property knowingly damages your home they could be charged with criminal mischief under this new statute.
