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
  • 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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.