Can i be accountable?

4 Replies

what if, my attorney and i were both notified that my tenant appealed the possession order on or about may 18, 2018. Court verified that the appeal was perfected and on the record in district court may 25, 2018 in Adams County, but the sheriff called me and scheduled forcible entry on May 29, 2018. I went ahead and hired my attorneys moving crew and with the sheriff we did the eviction may 31, 2018. Should I have told the sheriff that I was aware, and my attorney was aware of the appeal? 

The sheriff instructs the movers to place the evicted tenants property just outside of the dwelling but not off the property because of a long driveway. The property is a single family home and there is a gate about 50ft from road. The total distance is over 200ft to the gate plus another 50 ft on the outside of the gate to the road? The sheriff said he had 24hrs to remove his personal property then it becomes abandoned. So can I lock the gate 24hrs after the sheriff leaves? If I do lock the gate after 24 hrs am I liable to the tenant for his personal property behind my gate if the sheriff said he had 24hrs.

Also the sheriff said before the movers started. leave anything attached to walls and floors. Does this include a automotive lift and other business type equipment that belonged to the tenant. I also put an ad on Craigslist to trade off his belongings for barter on some improvements to the unit. He got a court order to retrieve his property June15. 2018 But of course there is allegatiosI'm very perturbed by this tenant but my possesion judement which the tenant has appealed was 0 bond. He didn't owe rent. I just want my garage back. 

I would think you’d be clear to go after the 24 hrs . But really These are certainly questions you should be asking your attorney about . Tenant laws and the lease should outline evictions and the tenants rights

Yeah, I was hoping someone with some actual knoledge from Colorado will chime in. Thanks for stating the obvious though. And to be totally blunt. I wouldn't have aired this out if I hadent already spent countless hours searching 

Colorado Revised Statutes, findlaw, novvo etc. Furthermore I think my attorney should have probably spoke up and did the right thing. Thank you for your reply Katie and Dennis.

I am surprised that nobody has offered up a valuable opinion on this, then again the statute is poorly written and needs to be updated. Here is my (your) answer: Please bear with me, besides this thread is old anyway. I asked the question.

Of course you can be held accountable. First, the sheriff can tell you whatever he feels like telling you but the fact is a lawful eviction requires the personal property of the tenant to be removed from the premises (just setting things outside of the building but locking the only gate that allows access does not follow the law and you should probably know the laws before getting to this point, the sheriff can say whatever he wants and he is immune, not you. Things of this nature will be affected heavily on whether the tenant is present (god forbid, the sheriff will most likely find some reason to arrest to em and then he or she sits in a police car while you throw their personals out) hopefully they will be released on scene and able to get help over there with a moving truck, if not he or she will leave to rent a moving truck or trailer, this is not an opportunity to be an ******* and throw all their stuff in the trash. You have no right to touch the tenants property, it still belongs to them so don't be a jerk unless you have a lawful lien leave it alone, unless they do not return for and after you wait a reasonable amount of time but even then there are still protections and yes you do have to notify the owner before you throw anything away. Just because a person gets evicted it doesn't strip them of the rightful enjoyment of they property, they don't loose all their possessions when you get a possession judgement. How would you like it if somebody did that to your stuff while you were unreasonably held without probable cause, so leave it alone. You chose to evict, it would be easy for them to sue you for damages if the eviction was to occur and they were on the property but after they are detained (inevitable) they will come for their stuff and you better hope that they don't hold a grudge. The high cost of rent is based on your needs and looking at the rental market today I can say not one of you gives a fuq about how this has affected the people of Colorado, the pioneers that made this state what it is have been forced out into the streets. What a way to say thank you. The average rent has doubled in the past 7 years, DOUBLED! Please don't forget, your renters haven't changed, they are the same folks that were born here and they are the tenants that made you landlords happy and rich today but their wages have not increased to keep up with the cost of housing. What do we credit for creating a market that afforded today's landlord the callous and unconscionable right to hide behind a lawyer while you tell a ten or twenty year tenant "you are half a month past due so Go Fuq Yourself". I was evicted for no cause, I paid first last and damage deposit to move in, my former landlord breached my lease when they signed a quite lease with an oil and gas company just two months after my lease went into effect. That landlord is so greedy that they don't claim any of the thousands of dollars they take in as income, they do not pay tax on the money they make for the rental(s). Shame on them. Any way, that landlord was forced to choose between a good tenant and the oil and gas company paying 17% for every unit they extract. You don't have to guess what way she went. I was robbed of due process thanks to a dirty lawyer and a dirty law firm, she knew she had to hire the best or 

i would sue her *** off for self help, harassment, and retaliation. Her lawyer was so good (dirty) that in spite of I had perfected an appeal 6 days before the sheriff showed up, In spite of I filed for stay, again was robbed of the due process even after I filed for a stay. Did I say dirty lawyer and dirty law firm (the best eviction firm in town has to play dirty to get a simple eviction? So if you can stomach bleeding your tenants of every dollar they earn until they are bled so dry that you are forced to embarrass them to the streets by means of dumping them to the street, that's it. You do not hold any power to harass them or take away anything else from them, your done. And you can rest assured knowing that your former tenant wont be looking to exact revenge cause you did what you had to do without being a dick about it. 

There was a lesson to learn for my former landlord; wait until after your county approves drilling on your rental property before you lease the entire place out for just $10 for the next 5 years I take joy knowing that your property has a lifetime drilling restriction as you are to close to the river, who would even think that 200 feet from the Platt River would be a safe and environmental place to be drilling anyway. Back to the point. Now you are stuck in a 5 year lease and loosing at minimum $71,990.00 .