I am a tenant that has served her papers went to court today, she didn't show up. They didn't award the right of possession to me cause I'm not the landlord what to do next. I know landlord needs to serve her a notice would it be a 3 day notice or (she been here over 6 months) a 28 day notice?
Did this person agree to pay rent when she moved in? Is she current with what she agreed to pay?
This is a messy situation. You first need to review what argument you presented to the court and exactly what the judge said. If you were able to show that you have a current lease for the property and that this person was subleasing from you, then I don't see why the judge wouldn't be able to grant you an order of possession. If you presented the information properly and the judge refused to issue the order, I think the judge may have made an error. It might be appropriate to file a motion to reconsider or even consider an appeal to the District Court.
Even if you can convince the landlord to pursue an eviction, I have had problems with a property owner who sought an order of possession with respect to only one of several tenants in the property. The judge refused to enter an order of possession in favor of the landlord because she was only trying to get rid of one of the tenants. This was a Denver judge, not a Jefferson County judge, but I fear that your landlord might have similar trouble unless he evicts you as well as your roommate.
The answer to your question about the required notice depends on whether the roommate is current with whatever agreement allowed her to move in (either as a tenant of the landlord's or as your sub-tenant). If she is current, then as a month to month tenant she must be provided a 21 day notice to terminate before being given a 3 day notice to vacate. If she is not current on her agreement, then you just need a 3 day notice to cure. You don't need to cancel the agreement unless she brings things current.
The quickest way for the landlord to proceed would be to evict everyone in the apartment for violating the restriction on the number of occupants (assuming the lease provides such a restriction). That would only require a 3 day notice before starting the court process. However, you will end up listed on the eviction papers as well as your roommate. This could adversely affect your credit, although there is no prohibition on the landlord working out a new agreement with you after your roommate is gone.
It might be a good idea to get an attorney involved at this point since you were unable to make headway with the Court during your first appearance.
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