Eviction with cause in Colorado

3 Replies

We need some advice.  The tenant has violated multiple terms of the lease right at the end of May.  Before we could post a 3-day notice to quit with cause, he paid partial rent for June.

Can we still go ahead with the 3 day notice to quit with cause for subletting, having a dog and changing the locks even though we accepted partial rent?  He may smoking marijuana as well, which is also not allowed in the lease.

The second question (which probably should have been the first question) is..... Do we have to the give the tenant a chance to correct the violations of the lease.  Or can we just proceed with the eviction without giving him the option of compliance?

No, you don't have to allow a remedy. Post your notice - whether they have paid rent or not is a moot point; there are other violations. You may wish to have the notice "served" rather than posted (and all future notices as you proceed through eviction). Be careful to follow Colorado statutes exactly. As far as the rent - it may take you longer to actually get them out of the house than you think. You are entitled to rent all those days so don't sweat that. If they actually leave and the place isn't trashed then you are required to refund unused rent $$ and security deposit. 

Thanks Teri! 

Which is the correct notice to post?  The "Notice to Quit" (JDF 97) has no place to list the violations.  The other "Notice to Quit or Comply" has the option to list violations, but we don't want to give him the option to comply, we just want him out!   Thanks!