Pre-eviction Alternatives
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Pre-eviction Alternatives (by Judy [CO]) Mar 13, 2008 12:37 PM
       Pre-eviction Alternatives (by BillS [CO]) Mar 13, 2008 2:57 PM
       Pre-eviction Alternatives (by BillS [CO]) Mar 13, 2008 2:58 PM
       Pre-eviction Alternatives (by Wallace CPM [VA]) Mar 13, 2008 3:28 PM
       Pre-eviction Alternatives (by Carolyn [MO]) Mar 13, 2008 4:22 PM
       Pre-eviction Alternatives (by ManateeAlley [FL]) Mar 13, 2008 7:08 PM
       Pre-eviction Alternatives (by otter [KY]) Mar 14, 2008 6:46 AM
       Pre-eviction Alternatives (by billy button [MA]) Mar 14, 2008 8:15 AM
       Pre-eviction Alternatives (by Judy [CO]) Mar 14, 2008 9:29 AM
       Pre-eviction Alternatives (by BillS [CO]) Mar 14, 2008 10:19 AM
       Pre-eviction Alternatives (by 4judy [CO]) Mar 17, 2008 5:15 PM

Pre-eviction Alternatives (by Judy [CO]) Posted on: Mar 13, 2008 12:37 PM

State Specific Question About: COLORADO (CO)

Tenant failed to pay rent last month for a residence but did pay in full and within the allowed time to comply after I (the Landlord) sent a Demand for Compliance or Right to Possession form. Tenant has a written lease that expires later this year. The lease says that if the tenant doesn't pay rent by the 5th of the month, the lease terminates.

After paying last month, the tenant breached the lease by not protecting the water lines from freezing. While gone for several days, the tenant neglected to plug in heat tapes I had provided. The lease specifically states that it is the tenant's responsibility to protect the lines. I hired someone to unthaw the lines to keep the premises within county codes and now have a large bill for thawing the lines. Is this a "substantial" breach? How do I get the tenant to pay this bill?

The lease states I may terminate the lease for any breach. If I terminate the lease, does the tenant still have to pay me rent? Does the tenant become a tenant at-will if I terminate the lease? If so, does the tenant still owe me rent as long as the tenant has lawful or unlawful possession? If I terminate the lease for this breach and the tenant is at-will, how do I regain possession?

For this month's rent, the tenant gave me a bad check, which the bank rejected.

What are my options for collecting money for the rent and for the bill to thaw the water lines?

Do I have to give the tenant another chance to pay the rent with a good check, that is another 3 day notice? If I do that, am I waiving my right to terminate the lease?

Can I send the tenant a Notice to Quit because of a "repeat violation," even though the first non-payment of rent was cured?

Is forfeiting the lease the same as terminating the lease?

What's the difference between a Notice to Vacate and a Notice to Quit?

What are my legal options to regain possession and minimize my loss?

I feel like I am in the Perfect Landlord's Storm. Please help and thank you for any answers, comments or suggestions!

Pre-eviction Alternatives (by BillS [CO]) Posted on: Mar 13, 2008 2:57 PM

The BEST solution " regain possession and minimize my loss." is to contact them an negociate them leaving on their own. If you can get them to leave without the cost and time of an eviction that is fastest and least cost.

It does not sound like they paid rent since the check bounced. From now on Money Orders only if you take payment of any kind.

If you have to evict or want to I would advise getting a lawyer for your first one. It will cost a bit but if they are a "professional" tenant you will need the lawyer on your side. You should ask these questions of an attorney that specializes in evictions for landlords. Let your fingers do the walking. Let us know how things turn out.

Pre-eviction Alternatives (by BillS [CO]) Posted on: Mar 13, 2008 2:58 PM

first line should read "and negociate"

Pre-eviction Alternatives (by Wallace CPM [VA]) Posted on: Mar 13, 2008 3:28 PM

Why would you task the tenant with plugging in the heat tape? Keep it plugged in ALL THE TIME.

Bill the tenant and if he does not pay, sue him in Small Claims court

Pre-eviction Alternatives (by Carolyn [MO]) Posted on: Mar 13, 2008 4:22 PM

I am with Wallace re the heat tapes. I can not imagine making it the responsiblity of the tenant to plug them in. I have one place with a bathroom over the crawl space. I check in the late fall each year to make sure they are plugged in. When it is warm, they aren't on anyway.

I did used to have trouble with tenants unplugging them. But that was in part my fault, in that I didn't have a dedicated outlet for them. Now I have a dedicated outlet, out of the way - and the tenant has other outlets in the area to use. Tenants don't unplug them anymore.

Pre-eviction Alternatives (by ManateeAlley [FL]) Posted on: Mar 13, 2008 7:08 PM

Passing a bad check is a CRIMINAL act in every state I know. Contact the states attorneys office with the check and file a FORMAL complaint!

Pre-eviction Alternatives (by otter [KY]) Posted on: Mar 14, 2008 6:46 AM

What the heck is a "heat tape"; don't most tenants -- and homeowners, for that matter -- just keep the heat on (albeit low) while they're gone, and doesn't that suffice??? We had quite a discussion on worrying about pipes freezing in a tenant's absense a while back, and I heard nothing about this?

Yes, passing a bad check over $500 is a felony here; probably same in most places. --162.114.xx.xx

Pre-eviction Alternatives (by billy button [MA]) Posted on: Mar 14, 2008 8:15 AM

if they bounce ck i just ask them to replace it right away with money order.if they dont its a criminal act here.if they dont pay rent they have to go and im sure u are starting eviction with landlord tenant atty.see local landlord group or someone here may know a good one or yellow pages or if u have a friend in the biz maybe they know a good one.i start eviction when they are 4 days late and think u should too if your state allow u.some dont.good luck --208.58.x.xx

Pre-eviction Alternatives (by Judy [CO]) Posted on: Mar 14, 2008 9:29 AM

One form the Colorado eviction process uses (prelitigation) is a Notice to Quit, which terminates the tenancy. Is terminating the tenancy the same as (a) terminating the lease or (b) getting the tenant to give up possession and the tenant is still responsible for the rent per the lease agreement and other lease covenants? (It looks simple, but it is confusing!) Thanks for all your help.

Pre-eviction Alternatives (by BillS [CO]) Posted on: Mar 14, 2008 10:19 AM

Judy, please see an attorney with this. The internet is not the place to get legal advise.

I understand the answer to be (b) above but again ask an eviction attorney.

Pre-eviction Alternatives (by 4judy [CO]) Posted on: Mar 17, 2008 5:15 PM

To BillS (CO):

I talked with an attorney who said that in CO you always have to give the tenant a chance to pay within 3 days for non-payment of rent! So you have to use a Demand for Compliance or Right to Possession form. If tenant pays, he stays. That means that the tenant can keep doing this forever, each month, and you can't get the tenant out for repeatedly paying late or with a bad check. What kind of legal loop system is that???

BTW, (b) is correct--terminating a tenancy leaves the lease intact, if I understood the attorney correctly. Thanks for your reply.

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