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How to Evict a Boyfriend in Colorado

Things usually start out well. A boyfriend moved in and everything was fine. Now, though, the situation is not what anyone had hoped. Maybe he just isn't the one or he has become abusive, and now it's time for him to go. Except he won't leave. So what to do now? How is a boyfriend in Colorado evicted?

 

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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 (or a boyfriend living with a boyfriend) is not always what it's cracked up to be. Maybe the boyfriend is cheating. He might be too much of a partier. In Colorado, though, getting the boyfriend out of the living space depends on a number of factors. See Also Colorado Eviction Laws

Is the Boyfriend on the Lease?

If the boyfriend is on the lease, then the only person who can kick him out is 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 the boyfriend is threatening or is violent. If this is the case, then the court can issue a restraining order and the boyfriend must leave immediately.

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

Now What?

Unfortunately for Colorado residents, the options are limited if the boyfriend is on the lease. Nicely asking him to leave is one option, but this doesn't always work and can lead to more conflict.

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

Examples might include the boyfriend having loud parties that interfere with working from home or the boyfriend not paying his share of the utilities.

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

Talking to the landlord to see if he can get the boyfriend to budge is an option, but most landlords are content to leave things be as long as they are getting their rent and their property is not being damaged.

An exception would be if the landlord sees that the 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.

This is tricky, though, because the boyfriend could claim that the dog belongs to everyone in the home and the landlord could decide to evict all the roommates. In Colorado, this is particularly true if the 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.

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

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

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

Things That Cannot Be Done with Regard to a Colorado Roommate Boyfriend

No matter how annoying the boyfriend is, there are things that the state of Colorado says cannot be done to make him vacate the home.

For example, no one can threaten him or change the locks so he cannot access the property. His property cannot be stolen. Anyone doing these things could end up facing criminal charges. No boyfriend is worth that.

Is the Boyfriend Not on the Lease?

If the boyfriend is not on the lease, then there are more options for getting rid of him.

This, too, is a little dicey. If the boyfriend is not on the lease because he came to stay without the landlord knowing, then the other roommates might be the ones breaking the lease terms and end up facing eviction.