Loveland, CO asked in Landlord - Tenant for Colorado

Q: I have a commercial lease, during the lease landlord signed a lease for the same property with an oil company

My lease was for no term certain but lease states 6 months then continue under lease rules on a month to month for as long as both parties agree. Well the landlord evicted me stating i held past my lease after the first year of occupancy. After a completely unlawful eviction and landlord converting all of my personal and business property i found a lease recorded with the adams county assessors office dated filed 6 months into my lease. So obviously the landlord, expecting to get more money from the oil company, fraudulently evicted me right?

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1 Lawyer Answer
Ashley Dean Powell
Ashley Dean Powell
Answered
  • Licensed in Colorado

A: It's difficult to make a full analysis based on the question. The fact that the landlord entered into the lease while you were still the tenant may not have necessarily been improper since, after the first six months the landlord (or you) had the right to terminate the month-to-month lease fairly easily. If something were improper, it might depend on when that other lease was said to begin.

Not sure that the other lease has much affect on whether your eviction was proper or not. Either landlord followed the proper procedures to evict you or he did not. Either all of the proper notices to terminate the lease and then to evict you were provided to you or they were not. The best time to have fought an improper eviction would have been at the very first eviction hearing to which you were summonsed. That said, an attorney could review your lease, all pre-eviction notices given you by your landlord, and all paperwork related to the eviction (summons, complaint, exhibits, orders, etc.) in order to evaluate whether the eviction was proper and whether you still have any claims against the landlord for an improper eviction. I suspect that you would likely have to pay the attorney's hourly rate to have them make this initial evaluation. If the attorney determined there was a viable claim, then the attorney might be willing to proceed (having already been paid for the initial evalutation) on a contingency fee basis (but, again, that would depend on the nature and strength of the claim).

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