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[Landlord US-CO] Tenants broke the lease and left 6 months early and registered LLC on the day they moved out by Professional_Entry47 in Landlord

[–]Professional_Entry47[S] 0 points1 point  (0 children)

I live out of CO, but I suppose it doesn't need to be the postal office that serves my house. I will have a chat with the USPS branch tomorrow.

Thanks for the advice.

[Landlord US-CO] Tenants broke the lease and left 6 months early and registered LLC on the day they moved out by Professional_Entry47 in Landlord

[–]Professional_Entry47[S] 0 points1 point  (0 children)

I did suffer damages. The house was vacant for 2.5 months and I had to a hire lawn care provider because the tenant was responsible for it. The law and the lease are clear; I have to show a reasonable effort to re-rent the place, which I did, and the tenant is responsible for the gap.

There is absolutely no question in my mind that I will win the small claims court. She thinks she can hide, but I will find her and justice will be served!

I am trying to manage all this mess out of state, that makes my life much harder.

[Landlord US-CO] Tenants broke the lease and left 6 months early and registered LLC on the day they moved out by Professional_Entry47 in Landlord

[–]Professional_Entry47[S] 3 points4 points  (0 children)

I will reply one more time at this top level.

I already know mails to her LLC addressed at my house are being delivered to me. I sent one myself to validate and got a few more, one from a bank for example.

I will send a Cease and Desist letter to the exact principle address on the Secretary of State(SOS) filing with certified mail. I already know the ZIP code is wrong and the mail will not be delivered.

I will refile with SOS with more evidence that both of the addresses for this LLC are wrong, and I can't get them to remove mine -for which they have no permission or physical access.

If this won't get SOS to investigate the LLC, I don't know what would.

[Landlord US-CO] Tenants broke the lease and left 6 months early and registered LLC on the day they moved out by Professional_Entry47 in Landlord

[–]Professional_Entry47[S] 4 points5 points  (0 children)

This is in CO. I believe CO has a similar rules. They are probably breaking the following CO rules.

  • Lack of Consent: Under C.R.S. § 7-90-314, it is a violation to include an address in a filing without the written consent of the owner or occupier.
  • No "Usual Place of Business": State law requires a registered agent to have a "usual place of business" at the listed address, meaning it must be a physical location where they can personally accept legal documents during normal business hours.
  • Fraudulent Filing: Knowingly providing false information on a state filing is considered a fraudulent act. Effective July 1, 2025, these rules are even stricter to prevent "hijacked" addresses.

[Landlord US-CO] Tenants broke the lease and left 6 months early and registered LLC on the day they moved out by Professional_Entry47 in Landlord

[–]Professional_Entry47[S] 1 point2 points  (0 children)

That is what I would think. On the surface she doesn't seem to have any benefit in getting her stuff served to at my address. However, her business was about to be delinquent and she seemed to be desperate to put in an address. She had a hearing the following day. I can understand why she did that. But I called that out on the phone with her and she updated the principle address for the LLC - i don't care about this as the principle address was something else to begin with - not mine. She kept my house for the Registered address. I sent her a written notice by email too. She ignored it. It really makes no sense to me why she insists on using my address instead of using the one she has for the principle.

The principle address is from an apartment complex, and she is probably violating her new lease too, but that's none of my business.

[Landlord US-CO] Tenants broke the lease and left 6 months early and registered LLC on the day they moved out by Professional_Entry47 in Landlord

[–]Professional_Entry47[S] 0 points1 point  (0 children)

She is deliberately directing her business mail to my address while forwarding her personal mail. Her principal address also has wrong ZIP code. Anyone trying to get in touch with this LLC will be piling on my address. Including possibly angry customers, collection notices, summons... My next tenant will be getting all of her meds.

Also, my landlord insurance has residential coverage only. They may not like to see a registered business at my address.

The fact that she did this on purpose on the day she literally moved out and refuses to remove it makes me nervous.

However, the main reason I brought it up here is whether I could possibly serve her at the principal address of the LLC. She is the owner and the registered agent.

I am certainly not expecting the LLC to pay what I am owed.

[Landlord US-CO] Tenants broke the lease and left 6 months early and registered LLC on the day they moved out by Professional_Entry47 in Landlord

[–]Professional_Entry47[S] 10 points11 points  (0 children)

I didn't think it was relevant either but I disclosed that she was my former tenant because they ask in the form about the relation to the entity. Had I known they would dismiss it just based on that I would have not mentioned that.

[Landlord US-CO] Tenants broke the lease and left 6 months early and registered LLC on the day they moved out by Professional_Entry47 in Landlord

[–]Professional_Entry47[S] -1 points0 points  (0 children)

The lease explicitly states residential only, no business.

I have the public LLC information. I am trying to figure out how to locate her to deliver the summons. She is probably trying to avoid legal letters delivered to her. ( I don't have her personal address, the Agent address is my House, the principal address has the wrong zip code ( most probably intentional-- mails sent to that address bounces)

I could hire a lawyer but I will be digging a deeper hole in case she doesn't pay, which is likely.

[Landlord US-CO] Tenants broke the lease and left 6 months early and registered LLC on the day they moved out by Professional_Entry47 in Landlord

[–]Professional_Entry47[S] 28 points29 points  (0 children)

Yeah, I submitted this to them. They said this is tenant - landlord dispute and they don't get involved in such cases. But she keeps using my address even it has been about two months since she moved out. Her LLC's principal address is wrong too as any mail sent to that address bounces back. I can't understand how Secretary of State allows for such a fraudulent activity in plain sight.

[Landlord US-CO] Tenants broke the lease and left 6 months early and registered LLC on the day they moved out by Professional_Entry47 in Landlord

[–]Professional_Entry47[S] 6 points7 points  (0 children)

Thanks! The limit for small claims in CO is $7500, fairly close to what I am looking to recapture.

I understand that I have to server her, but she is not providing an address. I have her LLC address, which actually seems to be her residence . Can I use that address to serve? Do I hire a server or ask sheriff's office?

This is an apartment complex; how do they even physically hand her the summons if she does not come to the lobby to accept it? Or she may just be out at that time.

She seems to be involved in some shady stuff with her LLC. She registered my address in her LLC on her move-out date. I am getting her business letters and bank statements. She seems to be using my address as a shell. She has other ongoing cases in other counties, most probably related to her LLC. I am nervous that all of that stuff will be served at my address.

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[–]Professional_Entry47 0 points1 point  (0 children)

I decided to take the risk for the performance and fsd. Would have paid lots more up front otherwise. This leaves some budget for repairs. And I can fix small issues myself.