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Eviction Attorney in Longmont, CO

Eviction — Family Law Attorneys in Longmont, CO
Eviction is the statutory process for the termination of a residential or commercial tenancy. In English, it is a way to forcibly remove one who no longer has the legal right to remain in a property. As this process is controlled by statute, there are strict timelines that must be followed, and the Rules of Evidence apply in all hearings before the Court. As forcing one to move from a home or apartment is an extreme remedy, the Courts will require that the landlord or homeowner follow the statutory criteria to the letter. Sometimes it appears that the Court takes pleasure in making the plaintiff (the one seeking to evict the tenant) start the process over from the beginning based upon a technical defect, thus allowing the defendant (tenant) a few more weeks to remain in the premises. A general guideline to plaintiffs in eviction cases should be that the Court will only force the eviction of a tenant should it have no other choice.
The process starts with a written notice to the tenant that his/her tenancy is being terminated, either in the form of a Notice to Quit, or a Demand for Compliance or Possession. Absent compliance with the directives of the Notice or Demand, the plaintiff/landlord thereafter must file an action under the Forcible Entry and Detainer (FED) statute, C.R.S. §13-40-101, et seq. Therein one finds the provisions for the timeliness of filing and service of a Complaint, Summons, and Affidavit of Mailing. Jurisdiction (the power of the Court to make a binding decision) may be over the tenant or tenants (personal jurisdiction), or over the building but not the tenant (in rem jurisdiction). Even after having obtained a judgment of possession and a Writ of Restitution (order to the sheriff to restore the landlord to possession of the premises), the process is fraught with specialized procedures and varied delays.
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