Colorado Attorney Services has their focus on providing each client with superior quality services. We value each client relationship by making sure that we meet their needs and expectations. Serving subpoenas and process serving is most of the work we do. The owner, James D. Roland, has ensured that his team of professionals are trained and continually updated about the laws casing what makes a serve legally valid. The team that James Roland must put together to form Colorado Attorney Services is all about providing you with exceptional service. Here is how we do it.
Here at Colorado Attorney Services we offer process serving both locally in Colorado and nationally. Among the types of documents we serve are evictions. Receiving an eviction notice can be overwhelming. If you have received a notice to evict and are puzzled about what actions to take next, allow us to help you understand your options.
Your landlord cannot simply kick you out without cause or proper notice. If you are behind on rent or your furry friend violates your rental agreement, your landlord can pursue a lawsuit against you. Usually this type of lawsuit will be classified as an unlawful detainer lawsuit. The purpose of which is for your landlord to prove you violated your agreement in order to justifiably end your tenancy.
There are generally three different types of eviction notices you may receive. All with varying degrees of severity. These include, pay rent or quit notices, cure or quit notices, and unconditional quit notices. Paying attention to the type of notice you have received will help you know how to proceed.
-Pay rent or quit: In all of these notices, “to quit” means to move out or vacate the premises. In regard to pay rent or quit notices, a tenant who has not paid rent will be given around 3-5 days to either pay the rent amount or leave.
-Cure or quit: When signing a lease or rental agreement, you agree to abide by the terms and conditions set out within. If a tenant fails to do so and violates a term, such as no pets or no smoking, they will likely be served this type of notice. The tenant will then have a specified amount of time to “cure” or correct the infringement.
-Unconditional quit: If a tenant has repeatedly violated a rental agreement clause, damaged the property severely, engaged in illegal activity, or failed to pay rent on multiple occasions, they may be served this type of notice. This type of notice does not allow for you to rectify any unpaid rent or violations.
If after the specified time period cited in the given notice has passed and you have not moved out, the landlord will then have to properly serve you with a summons in order to proceed. It is crucial that you attend this court hearing if you want to make a defense against the eviction. You cannot defend yourself if you are not present and the judge will likely rule in favor of the landlord.
Some possible defenses against the landlord could be their illegal refusal to maintain proper living conditions. Sloppy paperwork leading up to the lawsuit. If you have been persistent in requesting major needed repairs, this could also be a powerful argument that the lawsuit is in reprisal of your requests.
In the unfortunate event that you happen to lose the court case, do not fear that when you return to the property that your belongings will be out on the curb. The landlord has to have a member of the local law enforcement to escort you off the premises. This is usually within a few days. This will give you time to arrange your affairs and leave the property with decorum.
If your thirst for knowledge is not quenched, feel free to browse the rest of our blogs for valuable information. If you are need of legal services, head on over to our Services page to see what Colorado Attorney Services can do for you.
By Colorado Attorney Services 9-16-2019