In Colorado, landlords have the option of evicting a renter who is late on their rent. This is how.
When a tenant fails to pay rent, a landlord is required under Colorado landlord-tenant law to take particular procedures to compel the tenant to either pay the rent due or vacate the leased property. Colorado law forbids “self-help” eviction remedies, which implies that the landlord cannot take personal action to evict the tenant from the rental property, such as entering the residence and changing the locks, without a court order (Colo. Rev. Stat. 13-40-101). According to Colorado state law, the first step a landlord must do to evict a tenant who has not paid rent is to serve the tenant with a written demand for right to possession of the rented property (Colo. Rev. Stat. 13-40-106).
This essay will go through the fundamentals of evicting a renter in Colorado for nonpayment of rent. It addresses the written demand that informs renters of their right to pay the rent rather than risk eviction.
If the tenant fails to pay rent on the due date specified in the lease or rental agreement, the landlord may serve the tenant with a formal demand to terminate the lease. This written demand specifies that the tenant must pay the rent or vacate the rental property within three days of receiving the notice (Colo. Rev. Stat. 13-40-104(1)(d)).
When creating a formal demand for nonpayment of rent, the landlord must include the following information:
13-40-106 (Colo. Rev. Stat.).
Once the written demand has been developed and signed by the landlord, the written demand may be served on the tenant by delivering it to the tenant by one of the following methods:
13-40-108 (Colo. Rev. Stat.).
The landlord should preserve a copy of the written demand and keep track of who and when the written demand was served. If the tenant fails to comply with the written demand, the landlord will be required to take further action by filing an eviction complaint in court.
Different outcomes may result from the tenant’s reaction to a written demand:
13-40-109 (Colo. Rev. Stat.).
For self-help legal information, landlords and renters may turn to the Colorado Department of Local Affairs, Division of Housing, or Colorado Legal Services. Additionally, both landlords and renters will benefit from The Colorado Renter’s Guide, which provides a comprehensive review of tenant rights and obligations.