Lawyers Making a Difference

Lawyers Making a Difference

Saturday, August 20, 2011

Terminating a Lease and Tenant's rights, Landlord-tenant

Too often, tenants fear that landlords will immediately evict them from the premises, change the locks, and remove their property without an opportunity to be heard.  Fortunately, Colorado has created a number of procedures to ensure that a tenant receives the proper notice and time necessary before an eviction can be finalized.   

A landlord may terminate a lease at any time, but must give proper notice prior to the termination of the lease.  The length of the lease (also known as the tenancy) determines the length of notice the landlord must provide to the tenant.  According to C.R.S. 13-40-107, the landlord may terminate the lease in writing, but must serve the written notice as follows:
  • A tenancy of one year or longer, three months notice;
  • A tenancy of six months or longer but less than a year, one month notice;
  • A tenancy of one month or longer but less than six months, ten days notice; 
  • A tenancy of one week or longer but less than one month, or a tenancy at will, three days notice;
  • A tenancy for less than one week, one day notice.  
The Landlord may also evict a tenant for failing to pay rent or if the tenant committed a substantial violation of the lease, but even in these instances, the Landlord must provide 3 days written notice.  After the written notice, the Landlord must follow the statutory eviction procedures before a tenant may be removed from the property.  

1 comment:

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