Evicted Holdover Tenant Who Faked Disability to Stall

When a lease ends, a landlord expects to get their property back. Unfortunately, some tenants overstay and resort to delay tactics that have no real legal basis. When that happens, a routine handoff can turn into a drawn-out legal fight. In Colorado, a landlord who tries to handle the eviction alone can backfire, ultimately allowing the tenant to stay even longer. 

Our client, a residential landlord, rented to a short-term tenant whose lease ended, and the tenant transitioned to a month-to-month lease. When the landlord decided not to renew the lease and terminate the tenancy, the tenant refused to leave.

Colorado evictions carry strict timing and service requirements. Missing a single deadline or failing to comply with very specific notice requirements can result in a case being dismissed. Despite eviction efforts, our client's property remained occupied. The landlord knew it was time to contact Robinson & Henry for help. 

Our eviction and landlord attorneys started by serving a formal Notice to Terminate Tenancy. When the notice period expired, and the tenant still hadn’t left, we filed an eviction complaint with the court to recover possession, even as the tenant continued to look for ways to slow the process.

The most notable stalling tactic was the tenant’s disability claim. We obtained evidence that cast serious doubt on the validity of the disability claim, and the eviction case moved forward. 

Under Colorado law, specifically C.R.S. 13-40-113, a tenant must file a written answer to a landlord’s complaint by the appearance date set in the summons. When the tenant failed to respond, the path to possession was clear. The court entered an Order Granting Possession for our client and issued a Writ of Restitution—the order authorizing the sheriff to remove the tenant and return the property to the landlord. 

If you’re a landlord dealing with a tenant who is refusing to leave or using various stalling tactics, our real estate attorneys can guide you through the process to regain possession of your property. Call 303-688-0944 to schedule a consultation or book the appointment online.