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Advice for Moms Advice for Moms

I don't know what to do.

Posted by on Jul. 25, 2014 at 5:30 PM
  • 15 Replies
Our landlord is getting ready sell the home we rent, randomly and are getting ready to evict us. We were never given any warning till 3 days ago. They made us sign a letter 3 days ago saying we will try to be out of the house by July 31, 2014. We're on a month to month lease as of now, since after our year lease we didn't sign another extended lease. According to Colorado law they only have to give us 7 days to move out. My husband just started his job so he hasn't received a paycheck. He will only get a partial pay check when he does get paid and that won't be till about August 5th. We need help putting a deposit on a new rental or if we're approved for a loan to buy, we need help with the down payment. We need help finding someone to help us, and again we need to be out of our home by the 31st, less then a week. We have no idea what we are going to do. We have 3 kids and can't imagine living in the car with them. It's not fair to them. Im so scared. Please any advice and non judgement would be appreciated. Tia
by on Jul. 25, 2014 at 5:30 PM
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Replies (1-10):
harmony7
by Member on Jul. 25, 2014 at 5:47 PM

I just looked up the laws...the 3 day letter is as follows

The landlord must give a written three-day demand notice. This notice must be posted on the door, mailed, or given to someone in the household over 15 years old.  The three day notice will either be a:

  • "Notice to Cure" also known as "Demand for Compliance or Possession".  This notice should tell you what the landlord's complaint is and gives you the option of correcting the problem within 3 days or exiting the rental unit.  You will usually receive this notice if you have not paid the rent or have violated a condition of the lease only once.  If you correct the problem within three days you will not be evicted.
  • "Notice to Quit or Vacate" Means that you do not have the option to correct the problem and you must leave the rental unit within 3 days.  You may receive this notice if you have broken the same condition of the lease several times.  You may also receive this type of notice if you have committed a "substantial violation", usually an act of violence or a drug-related felony.  You may also receive such a notice at the end of the lease period, although it is not required, unless there is some provision for it in the lease.  Generally the lease will require more than three days' notice.

***Important note: a three-day notice means:  You have three days to pay the rent/correct the problem or the Court will get involved. It does NOT mean that you have to be out of your house in three days.

For the Three (3) Day Notice to Quit or Vacate (repeat or substantial violation notices).  This notice must contain the following information:  It must state the address of the premises and state the alleged breach of the lease with some detail.  The Notice must State that the alleged breach is either a repeat violation of the lease or a substantial violation of the lease.  Finally it must state the date by which you must move out and it must be signed by the landlord, his agent or attorney.

On the fourth day from the day of receipt of Notice, if you have not cured (fixed the problem), the landlord can now go to Court and file a Summons and Complaint.  If you receive a Summons and Complaint you will be given a Court date.  The Court date must be at least five business days and not more than ten calendar days after you are served with the papers.  During this time you can remain in your rental unit.

So even though you signed a three day notice...even with a non compliance you dont have to be out then...you have actually about 13 days If you cant rectify a problem AND THAT 10 DAYS IS AFTER THE LANDLORD FILES SO IT COULD BE MORE TIME....iF it is indeed due to a sale your lease papers need to be reviewed even though the lease is up you probably have more time.....so waiting on the court summons would be your best option.

If you dont want to wait...The first place to start is your local section 8 or HUD housing and you also need to contact your local Community Action Agency. Call them today and get appointments set up.

I wish you all the best but upon looking at this it is not as bleak as you may think. You do have some time.

Pam in Alabama
A Mom to nine sons and one daughter with five still at home
luvemboth
by Silver Member on Jul. 25, 2014 at 6:02 PM
Do you have any family or friends you can stay with for a couple of weeks?
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Tckosdk.2012
by Bronze Member on Jul. 25, 2014 at 8:42 PM
1 mom liked this

Will your landlord be giving you your deposit back? That should help. Otherwise squat until the sheriff makes you leave & save.

mm_mom515
by Member on Jul. 26, 2014 at 12:06 AM
I never expect to get the deposit back. To many ways for them to try to keep it. They're ass holes in giving us just 7 days so I wouldn't think they'd give it back. I'm sure we can fight for it, but I have to much on my plate right now to think about fighting them more.

Quoting Tckosdk.2012:

Will your landlord be giving you your deposit back? That should help. Otherwise squat until the sheriff makes you leave & save.

a_and_j_momma
by Gold Member on Jul. 26, 2014 at 1:17 AM
Can you ask them to let you stay one more month if you have no issues with the agent showing the house?
strictmomhere
by Platinum Member on Jul. 26, 2014 at 1:39 AM
Fight you have rights
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erinsmom1964
by Gold Member on Jul. 26, 2014 at 1:50 AM
I live in Colorado and the law is if you are month to month they must give 30 days as do you to them. You may have signed away your rights
Retrokitty
by Bronze Member on Jul. 26, 2014 at 1:52 AM
7 days isn't the law, this is the law:

In the event that the lease is silent as to notice requirements, the notice must be served in a specified number of days before the end of the rental period. The required time is as follows:
Rental period Time period before the end of rental period
that notice must be served.
1 year or longer 3 months
6 months to 1 year 1 month
1 month to 6 months 10 days
1 week to 1 month 3 days
less than 1 week 1 day
mm_mom515
by Member on Jul. 26, 2014 at 11:28 AM
They want us out, they're asses. They won't let us stay unless it's that they have to with the eviction. I need program ideas that will help us with the deposite or down payment of a new place.

Quoting a_and_j_momma: Can you ask them to let you stay one more month if you have no issues with the agent showing the house?
mm_mom515
by Member on Jul. 26, 2014 at 11:32 AM
No, not month to month. I read the law and my cousins a lawyer and he said as well, that I can have 3-4 weeks if they go through the eviction process, but then we're responsible for their legal fees. Otherwise they only have to give 3-7 days.

Quoting erinsmom1964: I live in Colorado and the law is if you are month to month they must give 30 days as do you to them. You may have signed away your rights
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