Colorado Bankruptcy Law Group, LLC – Chapter 7 and Chapter 13 Personal Bankruptcy Attorneys

If you find yourself in the unhappy position of being evicted or having to evict someone, you want to make sure that it is done legally.  If not, as a landlord you could a.) prolong the time period your non-paying tenant stays, and b.) be subject to certain civil penalties.

In order to evict someone in Colorado, a landlord must initiate what is called an “unlawful detainer” action.  The complete laws can be found in the Colorado Revised Statutes §13-40-101, et. seq.  More information and guidance can be found on the Colorado Division of Housing’s website.

Under Colorado Law, there are only three things for which a tenant can be evicted:

• Failure To Pay Rent on Time – under Colorado law, if a tenant doesn’t pay the rent on time, the landlord must give the tenant a Three Day Notice.  If the tenant doesn’t pay the full amount due, then the on the fourth day, the landlord can initiate an unlawful detainer action.
• Breaking Any Term of the Lease – under Colorado law, if the tenant breaks any of the written or oral terms of the lease, the landlord must give the tenant a Three Day Notice.  If the tenant doesn’t comply with the notice, then on the fourth day, the landlord can initiate an unlawful detainer action.
• No Reason – once the term of the lease is up, the landlord can evict a tenant for no reason whatsoever.  She must still provide proper notice, which, under Colorado law, is dictated by the length of the lease.  Notice requirements for various lease terms are as follows: 1 year or longer – 3 months, 6 months to 1 year – 1 month, 1 month to 6 months – 10 days, 1 week to 1 month – 3 days, and less than 1 week – 1 day.  If the tenant does not vacate the premises within the proper timeframe, the landlord can initiate an unlawful detainer action.

Peter Mullison is a bankruptcy attorney at Colorado Bankruptcy Law Group, LLC. If you are considering Chapter 7 or Chapter 13 personal bankruptcy, schedule your free, confidential bankruptcy consultation with a Colorado bankruptcy attorney today. Our online scheduling system allows you to schedule a bankruptcy consultation at a time that is convenient for you.

Colorado Bankruptcy Law Group, LLC is a personal bankruptcy firm serving clients in the greater Denver area.

No related posts.