eviction

[Shantell Jewett]

can someone please tell me.....if I am being evicted ( I have not yet received a court appearance date but I have received a three day notice. If I have the amount for my rent before or on the court date can I be evicted? Do I have to pay the court costs as well?

[Jon Holdman]

Usually the landlord can't even file with the court before the three days from the three day notice has passed.  So, if you get your money to your landlord before the end of those three days you should be fine.  Here in CO if your rent was due on the 1st and I didn't have money on the 5th I would post the pay or quit notice.  Then, I have to wait three days before I can start the process to evict you.  That would be the 8th, or the next Monday if the 8th is a weekend or Holiday.  I would start the process on the 8th or the next work day and that would incur costs.  If you came up with the rent after the 8th, but before we actually went to court, you would have to pay whatever costs I had incurred, late fees and the rent to get me to stop the process.  At that point its probably less than the full costs that would be incurred if it actually went to court.

But its the 14th now and I would likely have already paid my attorney, filed the eviction paperwork and have a court date.  So you would owe me that.

Now, when I'm actually in this situation, I have a discussion with the tenant.  Typically we agree on some date.  So, if we had agreed to the 15th for you to pay the rent and late fees, I would have given you a pay or quit on the 12th.  As long as you paid me by the 15th we would be OK.   On the 16th I would start the eviction process.