My question involves an eviction in the state of: Colorado
When we moved in to our house in June, we gave the landlord two checks, one for deposit, one for the first month's rent. Several weeks passed and the landlord told us he lost the checks, if we could cancel these checks and send new ones. We did, for some reason he never got them, so he then found the lost checks and put them through the bank, which they were returned. That's when I stepped in to take over the situation, at this point we had not been late on rent or had any problems. I spoke with the manager of the property and told him I would send him some new checks, I had to post date them because of the time that passed and them going through, I didn't have $2200.00 to turn over to him. He then said he did not receive October's rent check, so, I sent another check in with November's rent check as well.
For legal reasons they said they had to give me a 30 notice for non payment of rent, on the letter it says we have until November 12th. Then one week later when he hadn't recieved October rent, he then gave us a 3 day notice. He has since received all of the checks for the deposit and should receive the two rent checks tomorrow. For some reason it is taking a while for him to get checks. My question, since he has the deposit checks in his hands, can't he deposit those for rent and then when he gets the other checks, he goes forward with depositing them when we planned. Technically, doesn't he have rent in his hands, therefore, he can't file eviction for non payment of rent?