Should I self-serve an eviction, or get legal help? (Adams County, CO)

Question

Hello,

I have a small multi-unit rental in Adams County, Colorado. I have a tenant that is not paying rent, and won't answer phone calls or texts, so I need to start the eviction process. The process is new to me, but it doesn't seem all that complicated (link below). Should I just follow the instructions and do it myself, or is it advisable to hire legal help? How much time and money should I expect the eviction to cost? Any insights would be appreciated.

https://www.adamssheriff.org/sites/default/files/2018-03/evi...

Alecia Loveless · Answer

@Trevor Davis Serve the notice and then get help.

Make sure if you’re allowed to post it on the door (assuming the tenant doesn’t answer when you knock) and take photos for evidence of the notice posted on the door. When applicable I try to get the picture with the unit number right next to the document.

In New Hampshire there’s two notices you have to post prior to the start of actual court proceedings, several days in between notices. I’ve done the two postings but haven’t yet had to go to court.

Depending on your state you may or may not be allowed to accept a partial payment during the process. It doesn’t sound like your guy is even going to try.

Bud Gaffney · Answer

Legal help.

Richard H. · Answer

The good news is sometimes you don’t need to pay the thousands in attorney fees. Just starting the process is sometimes enough for tenants to understand you’re serious.

Calvin Graves · Answer

I've used Tschetter-Sulzer-Muccio (THSLaw.com) for help. If you sign up as a client they provide legally vetted forms and can advise on the process at no charge. The only lawyer fees they'll charge are for actually filing the eviction.

But just FYI, in Colorado any you need to demand/notice a tenant, someone who is legally answerable (ie owner or manager) has to make two in-person service attempts on different days. You can post to the door only if they don't answer on the second attempt.

For nonpayment, and assuming it's a market rate property, you can't post for nonpayment until 7 days after the due date. If they don't pay within 30 days, you can enforce.

Once you decide to enforce, just leave it to the lawyers. Trying to do it yourself can result in months of delay, which will cost you way more than a few hundred bucks.

Arvand Sabetian · Answer

Unless the tenant leaves willingly you'll want to proceed through the legal system. You can file paperwork yourself or as others have stated, hire an attorney.

Typically, you'll want to have a notarized affidavit filed or writ of possession issued and signed by a judge.

This can vary from jurisdictions so if you are unfamiliar with how to move forward it may be best to consult legal counsel.

Legal counsel will typically cost in the low thousands after filing fees, processing fees, attorney fees, court costs, etc. It can be less, it can be more it depends on your situation.

Henry T. · Answer

Make sure you call an "eviction" attorney, not just any old attorney(big mistake). Call a bunch of them and ask them to take you thru their fee structure. Don't even think about trying this yourself.

Nathan Gesner · Answer

It's normally not hard to win an eviction. The tenant isn't stupid and knows he owes the rent, so he will probably pack up and leave before the court hearing. Even if he shows up to court, all you have to prove he owes the rent. You share the lease, you share his payment history, and you give a total of what is owed. The tenant babbles about a broken down car, hours got cut at work, or whatever his excuse is. Excuses don't count and the judge will find in your favor.

Richard H. · Answer

I invest in MA, a very tenant friendly state. There are 2 parts of an eviction process in the state. For part 1 I do it myself. For part 2 I use an attorney.

If the process is straightforward as you say, I’d start the eviction process right away. Do not nag tenants about paying rent. I made this mistake when I took over my first multifamily in 2018. They know the rent is due and they’ll just respect you less and reinforce their believe you’re a weak landlord they can walk over.

Understand the process and follow the process.

Trevor Davis · Answer

Thanks for the reply. There's no chance I'll squeeze a dime out of this guy. Any idea how much legal help would cost?

I have a pretty cool head about things, but it would be nice not to think about this at all. I wonder how involved would I still have to be if I hired representation?

Should I self-serve an eviction, or get legal help? (Adams County, CO)

Should I self-serve an eviction, or get legal help? (Adams County, CO)

Most Popular Reply

10 Replies