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05/20/2009 15:34 FAX U011 <br />entered"at that time; but now you Clam to me a new lease is not necessary because of an option <br />to renew in the exclusive lease with Anthony Zellitti. <br />For one and one half years your client has ignored my client's repeated courteous efforts <br />to resolve this matter in an amicable way by entering a valid written lease for your client'p use of <br />her property. Zellitti Properties has not attempted to oust your client from its contract with the <br />majority tenants- in-common, but only to negotiate the terms for use of her interest in a written <br />lease which will require royalty payments be made directly to Zellitti Properties. I :realize your <br />client does not control the remaining tenants in common, however, those tenants permission does <br />not confer upon Hooker any right to my client's property, which in spite of this. I-locker <br />continues to take essentially without permission on a daily basis by use of obfuscation, delay and <br />deceit. <br />Zellitti Properties has no obligation to pay a management fee to Anthony Zellitti. Any <br />agreement to do so in the past has been terminated. M:y. client has aright to lease her interest._in <br />the property or not. Any payments to Anthony ZeIlitti or any other party for the interest of <br />Zellitti Properties will be considered non-payment to Zellitti Properties. <br />One co-tenant, even a minority tenant in common, may maintain eviction action against a <br />lessee without the consent of the other majority co-tenant, see Didamo v Tyrol Arms Co. 680 <br />P.2d 1328 (Colo. App. 1984) stating: <br />/J. <br />"Our rule on whether a co-tenant may bring an action to recover real property is <br />succinctly stated in Carlson i?. cNeill, 114 Colo. 78, 162 P'?d 226 (1945): <br />`[I]n an action to recover real property, one tenant in common may recover <br />possession of the entire tract as against all persons except his co-tenants....' The <br />right to sue for damages, as well as for possession, by a tenant in common would <br />seem to be proper.' This rule is in accord with the weight of authority. 4 G <br />Thompson, Real Property §§ 1816 and 1819 (1979 Repl.Vol.). Thus, plaintiffs <br />were proper parties to maintain..." an eviction action. <br />This is to advise that your client's use of my client's property, from whatever basis it <br />may arise, is hereby terminated effective Apri130, 2008. If at that time your client leas not <br />entered a written agreement with Zellitti Properties for continued use of the property, then I will <br />expect your client will have vacated the premises. Should your client remain on the premises <br />thereafter, an 'a l'i6ii or Unlawful Entry and Detainer will be comrrieiked for eviction, plus <br />damages for trespass, collversion of property, punitive damages and attorney fees. <br />Sincer , <br />Charles C. Powers <br /> <br />Cc: Wilma Zellitti