2009-05-20_REVISION - M1980246 (4)

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05/20/2009 15:42 FAA Q011/011 entered at that time., but now you claim to me a new lease is not necessaiy because of an option to renew in the exclusive lease wifilt Anthony Zellitti. I or one and one half years your client has ignored my client's repeated courteous efforts to resolve this matter in an amicable way by entering a valid written lease for your client'p use of her property. Zellitti Properties has not attempted to oust your client from its contract with the majority tenants- in-common, but only to negotiate the terms for use of her interest in a written lease which will require royalty naynients be made directly to Zellitti Properties. 1 realize your client does not control the remaining tenants in common; however, those tenants permission does not confer upon Hocker any right to my client's property, which in spite of tbis, Hocker continues to take. t:ssentially without permission on a daily basis by use of obfuscation, delay and deceit. Zellitti Properties has no obligation to pay a management fee to Anthony Zellitti_ Any agreement to do so in the past has been terminated. My clientjias a right to.lease her interest in the property or not. Any payments to Anthony Zellitti. or any other party for the interest of Zellitti Properties will be considered non-payment to Zellitti Properties. One co-tenant, even a minority tenant in common, may maintain eviction action against a lessee without the consent of the otlr.er majority co-tenant, see Didamo v Tyrol Arms Co. 680 P.2d 1328 (Colo- App. 1984) stating. "Our rule on whether a co-tenant may bring an action to recover real property is succinctly stated in Carlson 1l. McNeill, 114 Colo. 78, 162 P.2d 226 (1945): `[I]n an action to recover real property, one tenant in common may recover possession of the entire tract as against all persons except his co-tenants....' The right to sue for damages, as well as for possession, by a tenant in common would seem to be proper.' This rule is in accord with the weight of authority. 4 G_ Phomluon, Peal Property §§ 1816 and 1819 (1979 Repl.'Vol.). Thus, plaintiffs were proper parties to maintain..." an eviction action. This is to adviise.that your client's use of my client's property, from whatever basis it may arise, is hereby terminated effective April 30, 2008. If at that time your client has not entered a written agreement with. Zel Iitti Properties for continued use of the property, then 1 will expect your chei.lt will have vacated the premises. Should your client remain on the premises thereafter, ari action or Uiilawful E,iitiy and Detainer will-be commended for eviction; plus - damages for trespass, conversion o1property, punitive damages and attorney fees. Sincer , Charles C. Powers Cc: Wilma Zellitti