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

Answers:

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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