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Updated over 3 years ago,
Eviction Real Estate Lawyer Recommendation (Denver)
So, it looks like I'm going to have to evict my 1st tenant. I purchased this property almost a year ago in Denver, CO. so I'm brand new to this.
Have been renting out the basement to a 24 year old male for 4 months. He was late with rent last month but didn't seem to care to pay the late fees.
He's been a problem since the 1st month. Smoking marijuana in the unit and claiming that when reading the lease he thought "smoking" only meant cigarettes. We tried to accommodate him and say outside only in the backyard and next thing we know he's out there smoking about 25 times a day plus leaving all his paraphernalia out for all to see.
There is a terrible stench that emanates from his unit but its not marijuana. After doing a quarterly inspection to see the condition of the unit it wasn't too terrible, some dings in the walls, a door broken from the frame, bathroom was disgusting and the smell is just from him apparently sweating too much and never opening windows.
We reviewed the inspection report in person with him, and at that time offered him the option to break his lease stating we didn't think he was very happy here and thats not our intention. We've heard hints to him leaving Oct 1st but nothing official, we were very clear telling him he must tell us 30 days in advance.
1 month ago I started getting complaints that he is yelling/screaming and loud thuds can be heard. It was said this wasn't the first time either. I texted with him and he was nonchalant about it saying "Oh, sorry I was building a microphone." We had another instance where we texted him and on the 3rd I gave him a formal notice.
He just went out of town for 2 weeks and we went to check on the unit and found he has vandalized the unit. There are tons of baseball sized (some larger/some smaller) holes in the walls in every room. You can see blood on the walls from his punching I guess. He is carving words into the walls with rocks, he tore off a door and all but the front door have holes in them too. He's not only damaging my property but his own as well .. there's broken monitors, a desk, his bed. He's definitely going through some mental issue's and I feel bad for him but I need to take immediate action.
He's now gone for 2 weeks, his unit is oddly cleaned up with furniture strategically placed to cover up certain holes in the walls. There's things like clothes, guitars .. his "microphone" still there. His vehicle is out front and the person who lives above has the keys because they gave him a ride to the airport. Rent is due today and he hasn't paid yet.
So, my plan is either:
A) If rent isn't received today send him the 3-day notice tomorrow stating the eviction process will be started per the terms of the lease: "If rent remains unpaid, Landlord may provide a 3-day notice to pay rent and all fees on the 7th of the month. If Tenant has not paid within the 3-day time period, Landlord may begin the eviction process."
B) He pays rent. I send a "Notice of Entry" for a maintenance issue then I will have obviously seen all the damage he's caused and then start the eviction process for vandalizing the property.
I'm open to suggestions on handling this issue. Since I'm so new to this I think it would be best to hire a Lawyer to help with the eviction and I want this done correctly. I'm in Denver, Colorado and would appreciate any recommendations!!!