Releasing a Tenant From Lease in CO - 90 Day Obligation?

3 Replies

Remember a couple of days ago I asked about the tenant who is saying she doesn't have to pay rent because of a sewage backup? She paid the full amount, and is now "consulting an attorney". Of course.

She is saying that the landlord is obligated to write up a document that says she's releasing them from the lease and that they have a minimum of 90 days to vacate the premises. 

She's also pushing really hard for no more rent to be paid. (I'd like to live for free, too. Doesn't happen in real life.)

Do Colorado landlords have to give them 90 days to move out? @Bill S. again, because you had such a great answer last time.

So I am on my phone and that whole "mention" thing doesn't work so hopefully you are following this topic.

Anyway, it's time to get her attorney involved. That's what I would do if it was me today. This needs to be handled carefully and correctly.

There is no 90 days in Colorado statutes and I know of no case law of that nature but who knows if the property is in Boulder. There is nothing you said that would even allow her out of the lease in most areas. Without the whole story and all the dirty details we can't know why the tenant even thinks this.

I take it from the info relayed that the sewage issue is still on going. That is not good for the landlord. She needs that completely resolved pronto.

Finally, how did she screen this tenant? This type of attitude typically shows up during the application process and should be grounds for rejection. She needs to beef up her screening to weed out these kind of people. If she doesn't, she will be a short term landlord.

Great comments and certainly stressful. I wonder though - would it be worth a "cash for keys" offer? If you can get her out without a big battle and fix the trouble with the unit then you're back in business with a new, hopefully better tenant. Offer to pay her $300 (or whatever it takes) to get out by the end of the month and hand over the keys. 

My personal mission is to own nice properties that create an income. When it comes to trouble I try to find the quickest way through it to smooth sailing. If I'm lawyering up because I'm angry or feel wronged then my time is spent fighting. If I'm fighting I've lost sight of my mission. Get this person out of your way, fix the problem with the unit and get it back to income and peace of mind.