Need advice on current tenant situation!

[Ken Williams]

Hello,

We currently had a tenant move into one of our rentals mid September. We prorated the month of September so they could move in right away and made arrangements for them to pay 1/2 of the security deposit in September, with the remainder of the security due with October's rent check.

Well, I had been gone a week and when I got home I heard from my wife that their first check for prorated September rent, and 1/2 of the deposit, had bounced. They are all moved in and the place is already a mess. There is trash everywhere, you cannot see the floor through the food crumbs and trash, driveway and garage is so muddy from 4 wheelin you cannot drive on it, etc. I went over and got the usual excuses from the people why the check bounced and told them I would give them until mid week (this week) to get the payment in with late fees and clean the place up. I found out later that night that they are all going on a hunting trip and will be gone until September 28th so we will not be getting paid.

I want to evict them and have them gone when they get back. What are my rights here if they have moved in but never payed a cent because of the bounced check. I feel they have been living there for free, and we will also have a lot of clean up to do already.

I am in the state of Colorado. My questions are?

1)Do normal eviction times apply when they cannot come up with the first initial payment?

2) What are my chances of getting them evicted and out by the 30th? We have other people wanting to move in.

3)What are my options for small claims court to get the late rent for the September prorated time that they have lived there?

4) I will be going in and taking pictures of the place wile they are not there to show the filth. Can this be used in court?

5) What else do I need to look for?

6) What steps should I use to evict under these circumstances?

I admit I messed up here and tried to rush things before I had to leave.

I do not want to get the attorney involved unless it gets ugly so I wanted to see if you guys had any experience with this type of situation.

Thanks in advance

[Jon Holdman]

Ouch!

Post the three day pay or quit notice immediately. That will start the process.

Find a local lawyer who does evictions. Let them take you through the process. I don't think the process moves quickly enough to have them out by the 30th. This isn't a DIY task the first time. Once you understand the process and all the steps, you may be able to DIY it in the furture. This time, use a lawyer. If your lawyer has not done an eviction in your area, find a lawyer who has.

You will likely prevail in small claims court. You will not likely collect a penny.

One month rent plus security deposit in cash or money order before moving in. No exceptions. Prorate the second month, not the first one.