Evicting a Tenant in Colorado: A Small Landlord's Quick Guide to Avoid Legal Pitfalls

We all know Colorado has become an independent state when it comes to some things (like marijuana laws), but it gives no excuse for independence on rent rules. While most of your renters in Colorado are likely good, you may encounter one or two problem tenants.

  • Monday, March 6, 2017

  General   Legal   Colorado   Eviction Guide   

We all know Colorado has become an independent state when it comes to some things (like marijuana laws), but it gives no excuse for independence on rent rules. While most of your renters in Colorado are likely good, you may encounter one or two problem tenants.

When you do, you need to know what legal steps to take if they aren't paying rent. The same goes if they're openly defying the rules of your rental agreement. Before entering into a lease agreement with a tenant, it’s important to check their background with an eviction report from VerticalRent. But if you’re already past this point and need advice on what to do, here's a quick look at the laws involving evicting a tenant in Colorado so you can take action quickly.

Sending a Three-Day Notice

All notices giving warning of eviction have specific time-frames. These account for the tenant either paying late rent, or refraining from committing a serious act. In Colorado, you can request this within three days, which gives you a faster chance to take care of the problem. The issue comes in how the tenant responds. Either they'll pay their rent within this time, move out, or do nothing.

You have two different notices for rent and other rental agreement violations. With the first rent notice, the tenant can correct the situation. If they've done something more serious, you can give them a three-day notice to leave without relenting. When the occupant does nothing, you have right to terminate their rental agreement and seek eviction.

You Can Remove Tenants Without Cause

No-cause evictions are possible in Colorado, mostly if you have temporary rental contracts. For month-by-month agreements, you have right to give a seven-day period to move. At one time, this was ten days, though the law requirement changed five years ago.

When presenting this notice and the three-day notice above, you should try to present it personally. Anyone over 16 in the household can legally take the notice. Leaving it on the tenant's door so they easily see it is also acceptable.

Can a Tenant Fight Back Legally?

If there's any evidence you didn't live up to the rental agreement, the tenant can definitely sue you for the eviction attempt. When the court sees evidence you didn't maintain the property, or threatened the tenant, your eviction might become denied. Don't ever attempt to shut off the tenant's utilities or change their locks. These actions are known as "self-service" evictions, which are illegal in Colorado and most states.

Dealing With Personal Items After Eviction

After filing for eviction in your district court and succeeding, what happens if the tenant leaves their personal belongings in the rental unit? Colorado is one of the few states letting you dispose of those items without contacting the evicted resident. For ethical standards, you still can store the items and notify the tenant on your own. Even so, you're within your right to charge them for the storage fee.

Keep reading us at VerticalRent as we explore all U.S. eviction laws.

DISCLAIMER:

VerticalRent® is not a law firm, and the employees of VerticalRent® are not acting as your attorney.Our free eviction notice service is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations.VerticalRent® cannot provide you with legal advice, nor are we permitted to engage in the practice of law.Therefore, we are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses, or the selection of landlord forms available on the VerticalRent platform.

Our platform is designed to provide landlords and property managers with an education portal to share ideas, connect with one another, screen applicants, collect rent online, advertise vacancies, and generate free landlord forms.To that extent, our blog and community often publishes general information on legal issues commonly encountered by landlords – such as evicting tenants.

Although VerticalRent takes every reasonably effort possible to ensure the accuracy of its consumer reports and landlord forms, we do not guarantee or warrant the information to be correct, complete, or up - to - date.The law changes rapidly in across the United States, from jurisdiction to jurisdiction.

Finally, it should be noted that VerticalRent is not responsible for any loss, injury, claim, damage, or liability related to the use of our landlord forms or consumer reports generated from this platform.


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