I was evicted from my apartment on friday due to financial hardship/nonpayment of rent. I am currently staying with my boyfriend at the same apartment complex. The leasing manager here posted a notice on my boyfriend's door sttating the following; "I have been told by many residents that [myself] is living in your apartment. [Myself] is not allowed at [Complex Name] Apartments. If she is reported to your unit again, I will call the police." In the RE line of the letter, he wrote, "Trespassing". I've been looking online to see if he has a right to contact the police to have me removed. I have not received at notice other than the original demand for rent or premises. Please tell me what my options are, if any.Continued ...During the eviction, they failed to remove some very valuable items from my apartment including, but not limited to; jewelry, important documents, etc. I have looked at the C.R.S. as well as some relevant Colorado case law, however, I am unable to get a clear answer on whether the leasing manager (acting in place of the landlord) is able to keep these items legally (possibly as a landlord lien?). I have been told that the leasing manager had maintenance go through my old apartment and threw everything left from what they did not remove during the eviction away. Please help. I have irreplaceable sentimental jewelry and vital documents I'm afraid I will never see again! Monetarily, the jewelry is not worth much (maybe two hundred dollars tops). My oldest friend is a Sherriff in another county in CO and told me they only have an hour to get all of your belongings out while evicting. What happens when they don't get everything? Can you please tell me what the law says? I'm desperate!
Excellent analysis and suggestions by Mr. Murillo. Normally, if you are evicted from one unit simply for non-payment of rent - not for criminal conduct, excessive noise, or another act that would violate the terms of your lease - the landlord can not prohibit you from staying in another unit.
However, as Mr. Murillo pointed out, if your boyfriend's lease has a prohibition on the number of occupants, the length of time that a guest can reside there, etc., then he could possibly be in violation of his lease agreement. As Mr. Murillo suggested, look at the lease agreement. It appears that they are trying to implement there own type of restraining order prohibiting you from even being at his unit. However, they simply do not have the right to do so. A restraining order can only be issued by a county court judge and an injunction can only be issued by a district court judge. From what you have told us, there is simply no basis for a restraining order or an injunction preventing you from being on the premises. So, their claim that they will call the police and have you arrested for trespass appears to be simply a scare tactic and not based in fact.
The rights and obligations of your boyfriend is provided in his lease and any related documents under that lease. Unless that lease provides that the complex can say who may or may not stay at the unit, their claim is baseless. Some leases provide that a guest can only stay for a certain amount of time or other conditions. It all depends on the exact lease terms.
Review the lease and all related documents (like rules and regulations). If possible, speak with a landlord-tenant lawyer if you have questions. If you cannot afford an attorney, you may qualify for free or reduced fee legal services from Colorado Legal Services. Contact them and see if they can assist. Good luck.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline