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Tenant has requested Trial by Jury on their Answer form - Denver County Court
Anonymous2 views2 answers
I am the landlord evicting the tenant due to non payment of rent. They wanted to pay on day 4 of the three day demand but I refused because they are Mexicans away and my other tenants are complaining about the smell when they cook. Last Friday I obtained a copy of their Answer. They are requesting trial by Jury next week. I just bought a whole lot of property in Colorado due to the pro landlord friendly laws here. Help - what does the law in COLORADO say about a tenants right to have trial by Jury or Judge on an Eviction case? I think they are undocumented anyway,
A trial by jury is allowed In the county court if demanded before the answer date and they pay the jury fees on or before the appearance date.
You are strongly advised to retain an attorney for this and to review your leases.
Donald Corky EbyReal Estate AttorneyCastle Rock, CO ·
Tenants can demand a jury trial.
Assuming your notice is valid, evicting for failure to pay rent, and you calculated the days correctly, and your lease does not extend the time to pay, you have no obligation to accept the rent when tendered on the 4th day.
You as the Plaintiff/Landlord have the burden of proof.
This is a legal matter and you must prosecute the notice, summons, complaint, and trial properly if you wish to gain possession.
Go see an attorney prior to your trial to review your case; you should also give serious consideration to hiring an attorney to present your case to the jury and judge.
Good Luck!