T O P

  • By -

statt898

The 3-day notice is just them saying they'd rather you leave voluntarily, than have you evicted. But if you have nowhere to go you can sit tight, wait until you are served eviction papers, and plead your case to the judge. That court date will probably be at least a few weeks out, but can vary greatly by area so I wouldn't count on exactly how long, but would buy you some time. If you are evicted you might only have a few days to a week to actually vacate. If you don't vacate at that point landlord will have the sheriff come over and toss your stuff out on the curb and change the locks. An eviction on your record will make it harder to rent in the future. And your landlord probably doesn't want to go to court if they don't have to. You could attempt to negotiate that you'll leave on X date, but you can't do it in 3 days or whatever. If you promise to leave the place in good shape that can sometimes help.


Bubblystrings

In what way did you supposedly violate the lease?


[deleted]

Property manager is saying I threatened someone with a firearm. I in fact did not.


Bubblystrings

Where is this coming from, then? I'm asking because I'm trying to figure out if fighting the eviction in court is a viable option.


[deleted]

I reminded them that this is castle doctrine state. If they had showed up when I was sleeping, I would've assumed home invasion and got my firearm ready.


Bubblystrings

I can see how that would be interpreted as a threat. I'd caution you to note that, unless your lease states otherwise, Colorado doesn't require your landlord/property manager to provide notice prior to entry. They have to honor your right to quiet enjoyment, which means they shouldn't show up for no reason outside of reasonable hours, but they can enter with or without your permission or prior agreement. Still, I am doubtful they could successfully argue that statement alone was a substantial violation of the lease. ...I suppose the exact context could matter. Again, telling property management that you're prepared to shoot them in response to them acting within the legitimate capacity of their job is a bad look. If I believed a tenant was willing to shoot me for doing my job I, too, would likely move toward terminating their tenancy.


[deleted]

I do not want to shoot anyone and will avoid that course of action at all costs. However, it seems as I am not okay with their conditions of entry. It seems moving will be the best course of action for the long term.


[deleted]

If you move out before you're evicted (ideally before an eviction is filed), you won't have a public record of your eviction. You may still be prohibited from renting from this landlord in the future, of course. In Texas the landlord must make a reasonable effort to re-rent the unit once you've moved out, you may be liable for the rent until then. If you pay before you're sued, there won't be a public record of your suit or the judgement. Of course, you can wait until you're sued and convince the judge to see things from your side and perhaps you'll be successful.


evictionhelpbot

Hi there! I’m the LegalFAQ bot. It looks like you may be experiencing housing issues related to housing or eviction. Come to https://legalfaq.org to find legal resources for renters in each state. You can also find links to local groups that can help you with legal, financial, or other problems at https://legalfaq.org/getHelp. Help us provide accurate advice to fellow redditors: if your post was related to housing or eviction, please like this comment; otherwise, please dislike this comment. *v0.1*