What to do if I have been staying in a friend’s house for over a month and he now wants me and my family to move on 1 day’s notice?

I moved into a house that the owner said I could stay in after losing my house to foreclosure. We don’t have a lease; it was a friend situation. I have 2 children living there with me and they are enrolled in school. We’ve been there for about a month or a little longer. Things are not working out and the owner gave me written notice to be out of the house but only gave me 1 day to leave, which is impossible and unfair. What rights do I have? Does he have the right to do that or does he have to give me a certain amount of notice?

Asked on August 23, 2011 Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, you and your family are not tenants of the home you are staying at belonging to your friend. You are "guests". "Guests" pay no rent or utilities. "Guests" are visitors and as such, are free to come and go as they please as long as the host allows them to be in the home.

Unfortunately, your friend and host wants you and your family to leave his home on short notice. As a "guest" at this home, you have no rights as a tenant under the laws of your state. You need to speak with your friend about the situation, acknowledge his request and ask for additional time to move out with your family from his home. Hopefully he will be willing to do so since there are children involved.

At worst, he will serve you with a notice to vacate and if you have not vacated in the stated time under Colorado law for a tenant to leave, the friend and host may file an unlawful detainer action for your removal. However, this takes some time which hopefully will allow you to find some new accomodations.

Good luck.


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