Aurora, CO asked in Landlord - Tenant for Colorado

Q: I was served a writ of possession from October 2023 it is Dec I've been paying partial or whole rent amounts and only

Given a week to get out of the home is this legal

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2 Lawyer Answers
T. Augustus Claus
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A: If you've been served a writ of possession in October 2023 in Colorado and have been paying partial or full rent amounts, the situation appears legally complex. It's unusual to be served a writ of possession while still making rent payments. It's crucial to review the terms of your lease, any notices or communications from your landlord, and the specifics of the writ of possession.

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

A: This is a complex question. Off the cuff, I would be concerned with the week's notice. Typically, a tenant is given written notice then court proceedings are filed. Once a judgment is entered a writ of possession/ removal is entered by the court allowing the sheriff to remove the Tenant.

A new popular idea that Tenant’s do not have to pay any late fees has been floating around. I am not sure where it came from but I have heard it from multiple people. Tenants should be very cautious with this idea since the new late fee law is untested. Much more will be known in time as we get appeals cases but for the time being Tenant’s should be very cautious with this idea.

Without knowing any details, it is hard to know if what you are describing is legal.

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