Anatomy of an Eviction

[Linda Weygant]

My tenants haven't paid their rent since July.  I know, I'm too soft-hearted for this business, but I'm becoming less so, trust me.  

After they broke their 5th (6th?) promise on Friday, I served them with a 3 day notice on Monday.  She sent me an email begging me to work with her, swearing that she'll pay me everything she owes me on December 1.

For those of you playing at home, that's no rent for 2 1/2 months (owing since August 1) and her proposal of another 1 1/2 months of no rent.  

I told her no.

When they moved in in July, we had set up a payment plan for their security deposit (I know...  for those of you rolling your eyes at me at home, I get it).  They paid $200.

So I made her on offer via email that if they moved out by Saturday (the 24th), and left the place in good repair and clean, I'd give her the $200 back and I wouldn't take them to court and collect the back rent.  But she needed to just leave.  (Cash for keys...)  Hated making the offer, but I know it would cost me more to do an eviction.  I told her the offer was good for 24 hours only and she needed to accept it within that 24 hours in order for me to honor it.

She called me, but I let the calls go to voice mail as I believe all communications should be documented going forward.  Her voice mails were basically her begging me to work with her.  She did not accept my offer.  I did not return her calls.

Some states have a provision for the owners of an LLC to represent the LLC in court. Others do not - the LLC must hire an attorney. I haven't been able to get a definitive answer on that for Colorado, so I called the county court office today. The clerk there seemed to think I could represent myself pro se in eviction court. When I stressed to her that it is an LLC that owns the property, she back pedaled a bit and so I still don't know.

I contacted an eviction attorney and he gave me some great advice on my lease for the next time (worth an hour of his time right there). He's going to pull down the actual statute and send it to me. If it turns out I can represent the LLC, then I'll pay the attorney for his research time and then pay him later to do a full on review of my lease - something I should have done in the beginning. If I can't represent the LLC, then I'll hire him. Either way, he gets paid.

Stay tuned, I'll fill you guys in on how this goes.

[Marcia Maynard]

So they moved in July of this year? Haven't paid rent since paying their initial rent payment in July? You obtained only a partial security deposit? What kind of screening process did you use. Did you do a background check prior to offering to rent to them? Have they played this game before? Are you new to landlording?

About communicating by email... are you sure she received the email with your offer? Did she reference your email and your offer in her telephone call to you? Why wouldn't you respond to her, at least to let her know you received her phone call and to reiterate your position?

By all means, hire a qualified attorney who specializes in landlord-tenant law to do the entire eviction process for you. Watch on the sidelines and learn how it's done. Regardless if you rented the premises in the name of an LLC or not, it doesn't sound wise to do this one on your own. Could be a professional tenant and/or a tenant who will run to get representation from legal aid.

If they don't accept your offer by the end of today, will you file for unlawful detainer with the court tomorrow (Friday)? If they accept your offer and don't move-out over the weekend, will you file for unlawful detainer with the court on Monday? 

Then what? What will you do to protect your interests and your property from damages in the meantime? If the tenant is responsible for paying utilities, check to see if they are current with their utility bills. Do a periodic inspection of the premises to see if they are in compliance with other aspects of the rental agreement. Serve a legal notice to enter and bring someone with you as a witness. Document your findings with photos and in writing. When things are going down, watch your property like a hawk.