Denver, CO asked in Civil Litigation, Civil Rights and Landlord - Tenant for Colorado

Q: If I had a verbal agreement with a person that allowed them to stay in my home for two weeks, which is now going on a

month. Am I in the boundaries of the law to kick them out? They do not receive mail or were given permission to use my address for anything else.

3 Lawyer Answers
Nelson Patrick Boyle
Nelson Patrick Boyle
Answered
  • Englewood, CO
  • Licensed in Colorado

A: Under those facts, assuming you own or rent the place and they are not part owners, co-tenants, and have no other legal claim to the home (and with no more information), then, yes. Of course, the devil's in the details. So if other facts are relevant, the answer could change. Also, if you're worried about how they might react, if they won't leave when asked, or if they react in a violent or scary way, I believe you could contact the Sheriff's office to assist you in removing the person.

James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In most jurisdictions, a verbal agreement allowing someone to stay in your home for a specific period does not automatically grant them tenant rights. However, the laws governing such situations can vary by location and may depend on the specific circumstances.

Generally, if the person has been staying in your home for an extended period without a formal lease agreement and without paying rent, they might be considered a "guest" rather than a "tenant." In such cases, you may have the right to ask them to leave without going through a formal eviction process.

However, it's important to note that in some jurisdictions, if a person has been living in your home for a certain period (often around 30 days), they may establish tenant rights, even without a written lease. In such cases, you might need to follow the legal eviction process to remove them from your property.

To avoid potential legal issues, consider the following steps:

1. Have a conversation with the person and politely ask them to leave by a specific date.

2. If they refuse to leave, send them a written notice to vacate the premises, giving them a reasonable timeframe to do so (e.g., 7-14 days).

3. If they still do not leave after the notice period, consult with a local attorney specializing in landlord-tenant law to understand your rights and the appropriate legal steps to take in your jurisdiction.

It's always best to seek legal advice from a qualified professional familiar with the laws in your area to ensure you handle the situation properly and avoid potential legal complications.

Michael Joseph Larranaga
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Answered
  • Landlord Tenant Lawyer
  • Parker, CO
  • Licensed in Colorado

A: I think the question would revolve around if you accepted any type of payment for allowing them to stay. If you did, then they may be considered a Tenant. If you just allowed them to stay as a guest, then maybe not.

As Mr. Boyle said, the devil is in the details.

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