When you are served papers of summons in forcible entry and unlawful detainer I tried to pay rent but it was refused what to do

i lived here for two years never missing rent the manager said my son threw a coke can at him and the lady at the office verbally evicted me. my rent for the month of November was refused due to these allegations

Aurora, CO -

Attorney Answers (2)

Steven Navaro

Steven Navaro

Landlord / Tenant Lawyer - Castle Rock, CO
Answered

Generally speaking, if the Landlord is accusing you of breaking the lease for something other than nonpayment of rent, they must give you a written notice of violation before they bring an action for eviction. If they refused your payment of rent, then are filing an ction to evict for nonpayment of rent, the judge will probably dismiss the case. However, you do need to file an answer and show some proof that you tried to pay the rent. If you are on a month to month tenancy, they can pretty much terminate the lease on any grounds with just 3 days notice.

This answer is for general information only and does not create an attorney client relationship between Navaro &... more
Stephen Clark Harkess

Stephen Clark Harkess

Bankruptcy Attorney - Wheat Ridge, CO
Answered

You need to file an answer to the compliant and go to court. Show the judge that you attempted to pay rent and it was refused. It is not easy for a landlord to prosecute an eviction when rent payments are up to date. They will have to show that you actually did something that violated the lease and which could not be cured. You may want to hire an attorney to assist you.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more

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