Colorado Evictions and LLCs

4 Replies

Unfortunately, it's looking like I'm going to have to file for my first eviction on Tuesday. Do any of you fine Colorado folks know whether the Managing Member of a Colorado based LLC can file and represent the LLC in eviction court or am I required to be represented by an attorney?

If the latter, can anybody recommend a competent eviction attorney?

On a different, but related topic - I'm losing a lot of sleep over this.  How do you guys with more eviction experience cope with this?  I'm worried about the confrontations and that they might trash my place.  Thinking about cash for keys if they don't trash it and leave it clean, particularly if I'm looking at attorney fees...

@Linda Weygant I just used They do the most evictions. The law firms I have contacted all require that you put them on retainer which can take a while to get set up. You should pick one and get set up with them whether or not you will use them. The one Travis mentioned probably is number two. They are probably a bit cheaper. When I started with THS I didn't know about searching court records to find "the other guys" and I just went with the one with the best advertising. Landlord representation is THS's business. They do fair housing seminars and stay on top of the law. They produce a news letter and offer training as well. 

At any rate. Cash for keys is my suggestion. That only works if they have someplace to go. Someone that is at the end of their rope will only leave with the force of law. You might offer to pay for storage for their property. As unpleasant as it is, to be successful in getting them out without going through the courts you have to get close to them which can be even more stressful. At any rate, still start the eviction because if they don't perform on cash for keys you don't want to have to start from square one. You can schedule court for the day after they are supposed to be out, then if they don't perform you are at the most two weeks from getting possession.

I know of no reason that you can't represent your LLC for an eviction but I don't know that for sure. Worst you can do is try. If you plan to do this yourself, do it sooner rather than later. It will only be an issue if the tenant fights it. I assume you have posted your 3 day notice. If not you must do that first. Make sure that you use a standard form. There is specific language that is required. THS has a free form on their website that you can download. It has their name on it but it's easy to remove if you want to.

It's really not hard. If you don't think the tenant will try and fight it (90% don't), then it's really a slam dunk. One trick I learned is that if you have them served personally (using a process server vs the sheriff who just posts on the door) and they don't answer the suit or show up for court, you automatically win a judgement for the amounts owed on the notice. If you just post then you only win possession and have to return via small claims court for the judgement for back rent. Send me a PM if you have any specific questions and I can walk you through the process.

This too will pass.

Thanks @Bill S. .  That's very comprehensive.  I did serve the 3-day notice on September 2 as they were supposed to have caught up August and September rent on September 1.  They asked for the end of September 5 to come up with a plan, however their plan was that maybe they'd have some money on September 28, so I told them they needed to be out or pay in full by today.  

I'll make some phone calls to attorneys tomorrow and see which way I'm going to go.  I'd rather do cash for keys, but I really don't think they have another place to go.  I know they've got a brother close by, but I'm not sure if that's an option for them.

This sucks.