How to evict a tenant without a lawyer?

UPDATED: Aug 28, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 28, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to evict a tenant without a lawyer?

My tenant paid his first months payment and moved in; that was 2 months ago. The “lease” was for one month and needed to be renewed each month thereafter. It included a stipulation that the tenant would pay 1/3 of the utility bill. Since then he has not paid a utility portion ever. Additionally, the tenant has not paid rent and now has stated he will not pay next months either. We do not have money to pay a lawyer for formal eviction proceedings. The tenant has stated he will “pays us when he can, and until then we can ‘do what we have to do”. The situation will turn to violence soon.

Asked on August 28, 2011 Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can evict the tenant for nonpayment of rent--not paying the second (and subsequent?) months of rent, since according to you he paid only his first month. You could also evict him for nonpayment of the utility bills IF you had a written lease denominating the utility bills as part of rent; otherwise, you can evict him for breach of the lease (even an oral one) for not paying them, but that requires more notice. You could also simply give him a 30 days notice terminating his tenancy, then evict him. Probably the best thing would be a dual-track approach: immediately bring a summons and complaint for eviction for not paying the rent. If he should pay the rent, he'd be able to stay (until his next non-payment), which is why if he pays, you immediately serve him with a 30 day notice terminating his tenancy, then evict him at the end of that period.

Contact you local court, either in person or online--you should be able to get forms, information, instructions, etc. for eviction. Below will be a link that will also take you to information.

Note that if you want to evict him for nonpayment, while you have to accept full payment of rent, don't accept any partial payments--that muddies the water and could waive your right to evict this time. If you evict because you've terminated his tenancy, don't accept any payments, for any reasons.

Here's the link:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption