Electric shutoff for non-payment how to get tenants to move out

[Ann Wood]

Rental property in Evans, CO.  Longtime tenants, husband was ill for several years before passing away a year and half ago.  Just found out via Xcel disconnecting electricity, that they had ran up a 'huge' utility bill (thousands of dollars).  Wife claims she doesn't owe it because utilities were in husbands name and she has only been paying $200 per month. Insane that this can happen.  Wife, children, and grandchildren are now in Denver because there is no heat or lights.  Rent was paid by Housing Authority.  Xcel will not put utilities in my name as landlord until house is vacated of all belongings.  Tenant told me today she has 30days from the end of the month to move things because Housing Authority said if they moved they needed to give 30day notice.  Non-payment of utilities is a violation of the lease.  Do I post the 3day Notice To Comply and mail via certified mail (which they will not get because they are not living there) and then file with the court for eviction? 

[Bill S.]

@Ann Wood so a couple thoughts. 1) contact the law firm @Jon Holdman recommended. It will cost money but nothing compared to doing this wrong. 2) No money for an attorney is a tough place to be. Doesn't sound like you will be getting money for rent either. How does Xcel know the tenant's stuff is still there? At any rate you need to move quickly to protect your investment. If you don't winterize or get the heat back on, the property will freeze and you will be selling for significantly less equity. Eviction won't be fast enough to protect your property from freezing. Personally, I would do what it takes to get the utilities back on even if it means paying all of the back utility bills from Xcel (perhaps can't afford this if you can't afford an attorney). The truth is the tenants have vacated the property (they have told you they are not living there). If Xcel asks about the tenant's stuff, tell them it is abandoned and you are just waiting for the 30 days required by Colorado law to prove abandonment. In the mean time, move toward eviction. Generally the process is post notice to quit for significant lease violation (mailing is not required in Colorado). After the fourth full day file for eviction in the local court. Hire a process server to post the eviction papers. At least 7 days later you will get a court date. Presumably they will not show and you will win by default. Roughly two days later the court will issue a writ. Once the writ is issued you can call the sheriff and schedule the set out. This is usually 2 weeks after the writ. You should have possession of your property back sometime around mid March. 

If you can't afford to pay the back utilities to protect your property you need to call a cash buyer and sell your property before it freezes. As a cash buyer I would want a discount but I would also have the money to bring the utilities current and keep the property from freezing. It's worth more to everyone before it freezes. Personally I would find some way to raise the cash (sell a car or other stuff) to at least pay the utilities and hire an attorney as that is the path of least cost in the grand scheme of things.

The Housing Authority will not be of use to you the people have given up on staying in the program. The HA will just use your notice to boot them out. 

Finally, let us know what you do and how all this works out.