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How to Evict a Boyfriend in Colorado

Things probably started out just fine. You decided to let your boyfriend move in because he needed a place to stay or you had reached the next level in your relationship. Now, though, the situation is not what you thought it would be. Maybe you've decided that he just isn't the one or he has become abusive, and now it's time for him to go. Except he won't. So what do you do? How do you evict a boyfriend in Colorado?

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Evicting a Boyfriend in Colorado is Complicated

Nearly 7.5 million unmarried couples live together in the U.S. Not all of them are happy. Many women discover that living with a boyfriend is not always what it's cracked up to be. Maybe your boyfriend is cheating. He might be too much of a partier. Or maybe you've met someone else. In Colorado, though, getting your boyfriend out of your living space depends on a number of factors. See Also Colorado Eviction Laws

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Is Your Boyfriend on the Lease?

If your boyfriend is on the lease with you, then you have no authority to kick him out. That authority lies directly with the landlord, but even a landlord needs a legally valid reason to throw someone out if that person is on the lease. These reasons usually include not paying rent, using the home for illegal purposes or otherwise breaking the terms of the lease in some way.

The exception to this is if your boyfriend is threatening you or is violent toward you. If this is the case, then you can get a restraining order and your boyfriend must leave immediately.

It's worth remembering that a boyfriend on the lease with you is actually a co-tenant and has much right to live in the rental space as you do.

Now What?

Unfortunately, if you live in Colorado, then your options are limited if your boyfriend is on the lease. You can try just asking him to leave, but this doesn't always work and can lead to more conflict.

If you and your boyfriend signed an agreement outlining rules of the house, everything from noise limits to cleaning duties and he breaks the agreement, then you probably cannot evict but you can sue for damages in small claims court.

Examples include your boyfriend having loud parties that keep you from getting your work done if you work at home or your boyfriend not paying his share of the utilities.

While these situations could be grounds for suing, the risk is that if you sue, you may anger your boyfriend but not enough to make him move out.

You can try talking to your landlord to see if he can get your boyfriend to budge, but most landlords are content to leave things be as long as they are getting their rent and their property is not being damaged.

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An exception would be if you can show the landlord that your boyfriend is breaking the lease in some way, such as selling drugs from the home (illegal use of the property) or has a dog when pets are specifically forbidden in the lease.

You have to be careful, though, because your boyfriend could claim that the dog belongs to both of you and your landlord could decide to evict you and your boyfriend. In Colorado, this is particularly true if your lease has a joint and/or several liability clause, which essentially means that all the tenants on a lease can be held responsible for what other tenants do.

Your landlord might be a reasonable person (or corporation), though, and decide to evict only your boyfriend. If this is the case, understand that it will take time. Your landlord must follow the law, which involves giving your boyfriend notice of the eviction and time to remedy the situation.

For example, if the grounds for the eviction are that your boyfriend has a dog and pets are forbidden according to the lease, then your landlord has to give your boyfriend adequate time to find the dog a new home. If your boyfriend does this, then he cannot be evicted. He can stay in the home and chances are he will not be happy with you.

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It is possible, too, that your boyfriend may just ignore the eviction notice and decide to stay in the home. In this case, your landlord will have to go to court to ask a judge to tell your boyfriend to go. If the judge agrees, then the sheriff will come to escort your boyfriend out of the property. If, though, your landlord loses in court, then your boyfriend can stay.

Things You Cannot Do with Regard to a Colorado Boyfriend Living with You

No matter how much you want your boyfriend to leave, there are things that the state of Colorado says you cannot legally do to make him vacate the home.

For example, you cannot threaten him. You cannot change the locks. You cannot take your boyfriend's personal property. If you do, you may be looking at criminal charges. No boyfriend is worth that.

Is Your Boyfriend Not on the Lease?

If your boyfriend is not on the lease then you have more options for getting rid of him.

Be careful here, though. If your boyfriend is not on the lease because he came to stay with you without your landlord knowing, then you might be the one breaking the lease terms and end up facing eviction.

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If, though, you have a boyfriend with your landlord's express or implicit permission - many landlords will let a girlfriend or boyfriend stay in the home without signing the lease, or they will turn a blind eye to an extra tenant - then your boyfriend is considered a sublettor with a sublease and can evict him.

There are rules to follow, though. Colorado requires that you give your boyfriend at least three day notice to find a new place to live and move out if your boyfriend has not paid rent. This notice is called a Demand For Compliance Or Right to Possession.

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Send the notice via certified mail to your boyfriend so that you have proof that he or she received it. Keep a copy.

If your boyfriend ignores the eviction notice, then you can file a Notice to Quit with the local county clerk. If your boyfriend does not respond to the Notice to Quit within a certain timeframe, then you will need a Forcible Entry and Detainer to have the court evict him. This means going to court.

In court, be prepared to state your case clearly. Present any and all documentation you have. Also be prepared to be stuck with your boyfriend and have to pay his legal costs if you lose the case.

If your landlord is aware of your boyfriend and you are on good terms with your landlord, then you might ask your landlord to help you evict your boyfriend. The downside with this that is your landlord - even a tolerant one - might just decide to evict you and your boyfriend and start fresh with new tenants.

Bottom Line

The bottom line is evicting a boyfriend in Colorado is not easy. Evicting anyone in any state is not easy, even for landlords with solid legal grounds. It is a complicated, contentious and often costly process.

Get Help

Ask an Eviction Law Question, Get an Answer ASAP!

If, though, you have decided that you have no choice but to evict your boyfriend, then it is a good idea to talk to an experienced Colorado eviction lawyer before proceeding. One small misstep could mean that you are the one having to look for a new home.

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