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  1. #1
    Join Date
    Mar 2008

    Default Colorado Notice To Quit

    I have several questions about using a Notice to Quit to terminate the tenancy of a tenant with a one-year residential lease that expires later this year.

    The tenant did not pay the rent last month. I sent a 3-day demand notice to pay or vacate and the tenant paid within the 3 days. This month, the tenant paid on time, but the check is not valid. The tenant also breached the lease last month by not preventing the water lines from freezing, and I have a substantial bill for restoring the water, per county code.

    Is a Notice to Quit the right form to use? As grounds for termination in the Notice to Quit, can I include this month's non-payment of rent (bad check) AND last month's non-payment of rent as a repeat violation? Can or should I also include the breach for the frozen water lines in the grounds for termination?

    I would like to regain possession before the lease expires more than 8 months away.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Colorado Notice To Quit

    Payment with a rubber check isn't payment - it's nonpayment.

    You can put down whatever valid grounds you have for termination on your notice.

    Quote Quoting What do I do to evict someone from a house/apartment?
    To be evicted, a tenant must clearly violate the lease agreement. A landlord can legally evict a tenant through formal legal eviction proceedings called forcible entry and detainer. There are generally three types of eviction proceedings: 1) at the end of the rental period; 2) eviction for non-payment of rent; or 3) eviction for violating terms of a lease. For each type of eviction, the landlord must serve the tenant with a written signed Notice/Demand. The contents of the Notice and the time that it must be served depends on the type of eviction.

    If eviction Notices are ignored, the landlord may go to Court and file a lawsuit. Once the landlord obtains a judgment, the Court can issue a Writ of Restitution after 48 hours to have the Sheriff remove the tenant from the premises. The details of eviction law are complex. The basic law is provided in Colorado Revised Statutes 13-40-101 through 126. However, consultation with an attorney is advisable.
    Forms are here.

  3. #3
    Join Date
    Mar 2008

    Default Re: Colorado Notice To Quit

    Mr. Knowitall, I can't decide whether to laugh or cry at the quote in your reply, "The details eviction law are complex." My current understanding is that if the tenant doesn't pay, pays late, or pays with a bad check (nonpayment), the landlord is required by Colorado law to give the tenant a chance (another chance) to pay within 3 days before the landlord can start the formal eviction process, no matter how many times the tenant repeats this violation! Apparently Colorado law "protects" the tenant this way, huh? Let's see, 3 days times 12 (months) is 36 days = over 1 month in a year.

    In any case, thanks for your reply.

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