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October 2017 Legal Tidbit

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Question: Is my tenant liable to pay for the attorney’s fees I incur to evict him?

Answer: The Colorado eviction law does not provide for the award of statutory attorney’ fees. However, your written lease may have language saying that the prevailing party in any court action will be entitled to recover his attorney’s fees. Note, that if you start the eviction and accept rent from the tenant without collecting those fees with the understanding that you will dismiss the eviction case, then you have not prevailed and are not entitled to the attorney’s fees. Since you are not legally required to accept rent after expiration of the three day, after the three day period, you can require that the tenant pay the past due rent and any attorney’s fees regardless of the terms of the lease as a condition to your acceptance of rent, dismissal of the eviction case, and agreement to allow the tenant to stay.

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