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December 2017 Legal Tidbit

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Question: I want my tenant to move out. What are my choices?

Answer: If the tenant signed a lease which has not yet expired and they are living up to the obligations in the lease agreement, then they cannot be evicted. You can ask them to leave and can offer them compensation. If they agree, sign a termination agreement and do not pay them until they are completely out and have surrendered keys. You may elect not to renew the lease. Notify them in writing so that they have time to find a new place. If the lease has expired, the tenant may be evicted. If the tenant has violated the terms of the lease, serve a three day Demand. If the tenant is month-to-month you may terminate the tenancy by serving a Notice to Quit and evict if they fail to move out.

July's legal tidbit

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Question: What is a Notice to Quit used for?

Answer: A Notice to Quit is used to terminate a periodic tenancy, usually a month-to-month tenancy. No legal notice is needed to evict a resident whose lease has expired and who remains in his unit, but it is good practice to notify him that you expect him to vacate at the end of his lease term. Once rent has been accepted for any time after the expiration of the lease, the resident becomes a month-to-month tenant. To end that tenancy, he must be served with a Notice to Quit. It should terminate the tenancy effective on the last day of a month and be served on the resident at least seven (7) days before the end of that month.

September's Legal Tidbit

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What is a Notice to Quit for Substantial Violation used for?

Answer: This notice is used to notify a tenant that his right to remain in possession of the rental unit will end because the tenant, a member of the tenant’s household, the tenant’s guest or an invitee of the tenant has committed a violent or drug-related felony at or near the rental unit. It may also be appropriate if a crime-free lease addendum was signed and a lesser crime occurred.

The Colorado Judicial Conference occurs September 21 to 23. Some courts will be closed and others will provide limited services during this annual meeting of all Colorado judges. It is possible that it will delay your pending cases.

Reminder: If you’d like to check the status of your pending eviction cases online, we have a web portal you can use to do that. Contact our office for more information.

We are happy to answer your questions; no charge! (303) 758-0500.

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Phone: (303) 758-0500 | Fax: (303) 969-0501

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