Q: Can the landlord kick me off the lease in the middle of our term, and rewrite it with my wife?
It says in lease that no changes are to be made unless in writing.
No, your landlord normally cannot unilaterally remove you from your lease without following the proper, statutory procedures to terminate the lease and evict you.
Colorado has a very specific and strictly enforced procedure that a landlord must follow to evict a tenant. Colorado generally does not allow a landlord to bypass this eviction process by unilaterally changing the locks, removing the tenant’s belongings, or otherwise engaging in a DIY or self-help eviction (and that would include terminating your lease and signing a new lease with a different tenant). By DIY or self-help eviction, I mean an eviction that does not follow the required judicial process.
Relevant statutes include Colorado Revised Statutes Section 13-40-104, Section 13-40-106, Section 13-40-107, and Section 13-40-107.5 to understand (a) how many (one or two?) notices you are entitled to receive from your landlord and (b) the proper timing and content of those notices. The answers to these questions largely depend on why you are being evicted.
You are entitled to hold the landlord to certain standards (especially as it relates to the statutorily required notices to you about lease violations or terminating the tenancy) even if you know that in some objective way (a lease violation or clear failure to pay rent) you deserve the eventual eviction.
As soon as you believe that your landlord is beginning the process of an illegal eviction that does not comply with Colorado law, you should try to consult a private attorney or contact Colorado Legal Services in your area to see whether they are available to assist you (especially in reviewing the legal sufficiency of any notices provided to you by your landlord).
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