What to do if my landlord gave me a noitce of pay rent of vacate so I paid the rent but now the landlord is saying that she is starting proceedings to evict me?

Asked on July 30, 2012 under Real Estate Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you paid the rent as per the notice  - and I hope that you have the receipt - then she no longer has a right to evict you.  What you would do is to answer the petition if she starts a proceeding and serves you and put in an "affirmative defense" - ask the clerk to help; they will - that the money has been paid and that she has no legal right to bring the action.  If you are a month to month tenant and she wishes to evict you then you have to be served with a 30 days notice (and properly served).  She can not use this notice to pat or quit. Good luck.

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