Eviction?

16 years ago

My landlord in Fort Collins, CO issued an eviction, but I am already out of the home. My neighbors called me and let me know the sheriff was over and put a note on the door. I retrieved my mail at the post office and there was a letter in there from their attorney with the eviction order. I passed this to my attorney. The reason the landlord sent an eviction to me was because they had contractors in the home when I wasn't there, and I had personal belongings missing when I got back. I told them about the missing property, but they of course have no idea what happened to it. I told them I wasn't going to move out til I got my stuff returned. I never got my stuff back, but I moved out anyway. I was forced to move because they turned the gas and water off when I was still there. (is that legal?)

My attorney and I are trying to get them to close this, but they are dragging their feet. Now they are saying that I am harassing them. The only times I called them was to give a key back & I owe an outstanding bill which I called and emailed them but they never responded.

What are their motives? It seems like they are just being jerks about this now. Any suggestions on what I can do? Any suggestions about my personal property being missing?

Thanks!

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Comments (11)

sweet_tea
16 years ago
They have to have a valid reason to evict or court won't allow eviction. Is it non payment of rent?
User
16 years ago
Yeah, this doesn't add up. What was the specific alleged breach of contract leading to your eviction?
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Comedy gold... I am fixated on me because I am so righteous I get to tell other people how they should live their life. When asked a legal question that, no attorney would answer without further information, I charge boldly ahead. Since I live my life to such high standards, after I give him my absolutely uninformed opinion represented as fact, I let him know what absolute scum of the earth he is and how he should live his life. I then let someone know that he is too full of himself because he defended himself as being educated when attacked, not for his points, but for the misspelling of a word. I then get to point out that the UCC has nothing to do with this because it is not the sale of business, even though the initial post "he sold his business of 45 yrs a sand and gravel business that is on the same property as the house but in selling the business and house both the deal was we could stay living there until may 1s," in fact, I am so amazing, I know much more about the situation than the people involved in it, because I rent a house to someone in a different state, that had nothing to do with the sale of a business. Even though tenant law varies by state and locality, I know everything there is to know about theirs, especially, since there is no indication that they even pay rent, which I wouldn't take as an indication that the living arrangement had anything to do with the original business sale. Let's not forget that my country lawyer knows a hell of a lot more than your university law professor... Wait, I didn't do any of that. Yet I am the one getting taken to task for being too full of myself. Oh the horror, of telling soneone with a legal question to see an attorney.
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This is what I would do. Get to know the neighbors you suspect of complaining about you. Invite them down for coffee. Bring them donuts on Saturday morning. Do something to get them to know and like you. People are less likely to complain about people they like. I'm not surprised that people's first thought is intentional harassment, need to get a lawyer, going to sue, etc. Most things can be resolved by just talking about the issue. Then, if that doesn't work, then pursue other means. People always to go straight to the "They're harassing me and I'm going to sue." The court system is clogged with these types of complaints that can be resolved by other means. And "Old folks have nothing better to do than stir up trouble" - really? What a broad generalization. You and I must know different "old folks." Stating that "Old folks have nothing better to do than stir up trouble" is a broad generalization because you're implying something about a group of people. That's like saying "rich people are greedy," or "poor people are lazy." There are probably some greedy rich people and there are probably some lazy poor people. There probably are some old folks that have nothing better to do than stir up trouble. There are probably some old folks who don't have time to do that. And I'm not an "old person" - I'm 55. It just irritates me to see people painting a whole group of individuals with a broad brush.
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hunterosx
Original Author
16 years ago
No, I personally talked to the landlord. I directly asked if there is anything I can do to remedy this & they said no.
C Marlin
16 years ago
You mention your attorney, what does he tell you. I don't believe we can adequately tell you your legal rights on this forum, we don't have enough information.
I do believe your landlord is evicting you now so you can't come back, they are protecting their legal rights to their property.
You are not giving enough information for an informed answer. You have attorney let him talk for you, don't talk to the landlord directly.
lyfia
16 years ago
Did you report the theft of your property to the police?
hunterosx
Original Author
16 years ago
Aunt Jen, I think they thought since I had missing property after the contractors left the home, that I wasn't going to leave until I got it back. I never got my personal property back, but I left the property.

cmarlin20, "they are protecting their legal rights to their property" That makes sense as for the eviction. But why not drop it now?

I'm not leaving anything out that I can think of. If anyone has questions for clarification, please let me know.

Is there anything I can do to try to get my missing property back?
Thanks
cordovamom
16 years ago
Since you already have an attorney, ask him/her all of these questions. He's far more qualified to answer questions pertaining to your precise situation.
User
16 years ago
Aunt Jen, I think they thought since I had missing property after the contractors left the home, that I wasn't going to leave until I got it back. I never got my personal property back, but I left the property.

OK, I think I'm understanding what happened now. And I agree that this is something you should discuss with your attorney -- please don't depend on advice you might get here, because there are simply too many legal variables involved.
mmmagique
16 years ago
No they can't turn off utilities while you are there without a court's say so. This is called constructive eviction and is not legal.
Speak to your attorney regarding this.
This is not legal advice.

~Christina
talley_sue_nyc
16 years ago
I feel like you've left out a lot.

When does/did your lease expire? Did you stay even a day beyond the lease term? Did you pay your rent when it was due, etc.? Did you notify them in writing of the missing property?

Did you threaten to remain past the end of your lease? Or stay past the end even a little bit? That may be why they are proceeding to get a formal legal judgment.

Your lawyer ought to be able to help you w/ this, but maybe you could send them a registered letter stating that you vacated the premises at the time specified by the lease and have no claim to staying longer. Then you could send this to the court as well (or find some way to have the letter introduced into evidence in the court), and maybe that would mean the judge would rule the proceedings moot, and you wouldn't have the eviction on your record?
brickeyee
16 years ago
Why are you asking questions in a public forum that belong in your attorneys office?
What are you paying your attorney for, except to look out for your interests and answer your questions.
The first problem you will have is proving you had the items, and that they are now missing.
Did you file a police report?
Can you actually prove the items are missing?
All these are along with the other questions above about the EXACT timing of everything.
Unless you attorney is the public defender they should have answers for all your questions and have mapped out the likely progression of events.

Eviction?

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