What happens if eviction paperwork is not completely filled out?

UPDATED: Sep 28, 2010

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What happens if eviction paperwork is not completely filled out?

We received an eviction notice and at the bottom of it reads a paragraph that says “pursuant to your lease (check if applicable)” but the landlord left it unchecked. Do I have to comply with those additional terms and agreements?

Asked on September 28, 2010 under Real Estate Law, Colorado


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

Answered 12 years ago | Contributor

Landlord tenant law is one of those areas where the courts can be very particular as to procedure and the slightest mess up can have a case thrown out of court.  First of all, do you have a lease?  If the answer is "yes" then the next question is does the failure of the landlord to check the box make the notice ineffective or void in some way?  Your best bet is to take the notice and your lease, if any, to an attorney of tenant's rights organization in your area to review.  As I said before, there are many "loopholes" that a tenant can wiggle through in this area.  Landlords are generally held to a much higher standard of care which can work to a tenant's advantage.  Good luck.

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