Notice To Pay Rent or Quit, Colorado?

Question

A tenant in a condo that I was the broker for has not paid up to his lease obligation. He sent an email that he would vacate the property to 3/31/08 but has not paid the March rent. He is on a year's lease that ends 5/31/08.

My clients have asked me how to serve Notice to Pay Rent or Quit here in Colorado. I am a residential real estate agent and am really not involved in rentals. But want to help them out.

The issue is that the landlord fears that the tenant will not move out to the end of the month as indicated. So he wants to take the appropriate steps to start the eviction process.

What form can he use? Any link to where the Colorado process is described?

Toby Munk · Answer

Revinv,

thanks a lot for your reply. Here an update.

Posted 3 days to pay or quit. Result ... nothing.
Went to the court and files a FED.
Have a court date this Wednesday.

Tenant and landlord are working on a settlement.

Will keep you posted.

Toby

Sue In Denver · Answer

Toby, although I'm not a lawyer either, I learned the ins and outs of evictions on my first property here in CO.
If you haven't yet filed the complaint for eviction, get it done ASAP.

The necessary papers you need are at http://www.courts.state.co.us/chs/court/forms/fed/fed.html

If you file Monday, and the tenant is served on Monday, you can get a hearing set within 5-days.  If you get the judgment on that day, I think you have to repost a 3-day notice that you and the sheriff are going to come clean out the place unless they vacate at that time.  The court clerk can walk you through it.

It may be a moot point at this stage in getting the tenant out before the 31st.  However, you want the judgment as it will follow the tenant wherever he goes.  In some states, a judgment will prevent them from every buying property until it is cleared.  It will also raise issues with prospective landlords who do background/credit checks.

If the tenant is served personally, you can recoup (in the judgment) court costs, service of summons (which I recommend you use a private process server rather than the sheriff).  A friend of yours can serve the summons.  You may be considered an interested party which could moot the personal service issue.

In any event, get the papers filed ASAP.  Feel free to PM me if you have any other questions!

Good luck!

Toby Munk · Answer

We served 3 day notice to pay or quit today. I hand delivered and the tenant was at the premisses.

I know he will ignore this notice. Under Colorado law it looks he has 3 days from the day after serving the notice with the last day not being a Sunday. So as I served on a Thursday he has including Monday to pay the rent for March which he is late for.

I will keep you posted as I am learning this.

Jon Holdman · Answer

If the tenant hasn't yet paid the rent for March (and, assuming its late according to the lease), then the owner should start the process.  I'd really recommend using a lawyer the first time around.

Jon

Rich Schroeder · Answer

***disclaimer*** I am not a lawyer nor do I provide legal advice.

Here is a link to the Colorodo laws, it may have what you're looking for. Remember that some municipalities have their own twists...

http://www.thelpa.com/lpa/landlord-tenant-law/colorado-landlord-tenant-law