State Specific Question About: COLORADO (CO)

This refers back to the "souring relationship" issue.

The tenant is now accusing me of multiple unauthorized entires into his apartment which is exacerbated his panic disorder. He is saying he has helped me stuff in other tenant's apartments. These are total lies.

What is he up to???

I want him gone now! He is on a month to month lease

Is there anything in Colorado law I need to know?

Sorry: Correction: " ... which is EXACERBATING his panic disorder. He is saying he has helped me DO stuff in other tenant's apartments."

First, I'd get my terminology straight. If he's on month-to-month, you have a rental agreement, not a lease. The term "lease" implies a rental agreement for a period of several months to a year and cannot be broken on a whim of either the land lord of the tenant. So let's be sure we're using the correct word.

I'm guessing if he's a month to month, all you need to do is send the appropriate notice that you are not renewing his month to month rental agreement and all personal property must be moved out by (fill in the date). Typically in Missouri, if you give notice it must be on or before the last day of the month prior to when the tenant will move. So for example, if I want someone out by the end of Sept, it's already too late. My notice--if given today--would mean they have to be out by Oct 31st. Check your state's laws using the handy link at the top of the page "Landlord/Tenant State Laws"...it's in blue under that row of green buttons on the far left.

You do not (and probably should not) have to give a reason. Just K.I.S.S.--

"Dear Tenant Bob, effective today this is notice your rental agreement is not being renewed. All personal property must be removed from the premises, all keys and possession of the property must be returned to land lord on or before 5 PM on October 31, 2013. Last month's rent will be due and payable for October on the 1st day of the month, as usual. Please note that no portion of the security deposit can be tendered as last month's rent. Contact us when you have finished moving out and cleaning so we can schedule a walk thru. Otherwise, the walk thru will be on Oct 31st at 5 PM. Thank you, the Management."

Thank you Sid for your very informative response. It was a 1 year lease that converted to a month to month tenancy at the end of the leasing period.

Just reviewed Colorado Landlord tenant laws and I am only required to give a 10 day notice prior to the end of the month to month tenancy. If I did that today, he would have to leave by the 25th of September 13. Then if he doesn't move, I can start eviction proceedings immediately. Maybe I can get things fixed up and ready to rent by 1 to 5 October if there isn't major damage.

10 days? Double check that just to be certain. Sounds awfully short. Also, has be paid thru the end of Sept? If so, how can you say he must leave by the 25th? Would you owe him a prorated refund? Maybe another CO land lord here will have more info. Maybe you're right. If so...wow, I'm impressed! Go, go Colorado!

If he doesn't leave, you have to do a hold over eviction. The dog will have no bearing on a hold over eviction whatsoever. If you want to evict him for violating lease terms by having an unauthorized animal on the premises, that's a totally separate matter apart from holding over.

exactly what is the problem?

Deep breath, exhale, works for me.

If tenant pays on time, give yourself a 24 hour cool off.

I know how you feel, been there..we have a vacancy now. And it is cold here.

Ok, not a lawyer.

My understanding is that the 10 day notice is before the end of the month. So a month to month means all of Sept or all of Oct or all of whatever month. So the notice for Sept to be the last month of tenancy would need to be delivered by the 20th of Sept. Notice to end tenancy by the end of Oct would need to be delivered by Oct 21st. You can obviously give notice on the 15th that Sept is the last month but they still have until the 30th.

Most importantly, what does your lease say? Some leases have notice requirements. Those requirements govern over state law but cannot be more restrictive. That is your lease can't make it a 5 days notice instead of the 10 required by law but it can make it 30 days. Again it is usually assumed unless stated otherwise that it's the full number of days before the last day of the last month of tenancy.

If they don't move by the end of the month that proper notice was given then you can move to eviction. That requires 3 day notice which is posted on the door Oct 1 at the soonest. If they don't move before the end of the 3 day notice, I use a lawyer. Also be aware it's 3 business days not counting the day it was posted.

The attorney gets a court date..You are correct BillS..

Sherry, Stick to the facts when communicating with him.

My style is shrot and to the point, the less you say the better as it only becomes fuel fro arguing and at this point, all those other things he did are not the issue. The issue is lease cancellation.

Do it in writing and be able to prove delivery.

Does email count as delivery.

I thought maybe an email backed by certified mail return receipt.