Understanding Eviction in Colorado: Eviction Causes and Process
December 17, 2018
Life can get complicated at times; you may find yourself in a difficult financial situation that is making it hard to pay your rent or perhaps you’ve made some serious mistakes that have caused damage to the Loveland apartment for rent you are living in. It's not just making poor decisions that affect the property that can lead to eviction. The loss of a job or unexpected expenses that cause you to pay rent late or not pay at all can also put you at risk of eviction.
Here we will provide basic information about eviction in Colorado:
What Is Eviction?
Eviction is the legal process in which a landlord removes a tenant from a rental property, which not only leaves you without a home but can also have a negative effect on your credit and your future ability to rent a home. You can be evicted for not paying your rent, but you can also be legally evicted for other reasons.
What Is The Eviction Process In Colorado?
In order to legally evict a tenant, a landlord will follow specific procedures outlined by Colorado State Law. By clicking here, you can read in detail about the basic steps outlined below:
Have Legal Cause for Eviction if Rental Lease Has Not Expired
Provide Notice for Termination: For termination WITH a cause, a minimum of three-day notice should be given. For cases regarding unpaid rent or a lease violation, this notice allows a tenant the opportunity to pay past-due rent or fix the problem. For cases involving serious crimes or actions, this notice simply gives the tenant time to vacate the property.
File Eviction Lawsuit Against Tenant and Await Court Approval
Removal of Tenant by Law Enforcement Officer: Keep in mind that Colorado law does not require a landlord to contact an evicted tenant before disposing of any belongings left behind. The landlord may be willing to store items for a fee, but they will not be held liable for any damages.
Understanding The Legal Reasons For Eviction
If you are renting a home, there are several legitimate reasons that could lead to a legal eviction from your rental. The best way to avoid eviction is by making sure to pay your rent on time and carefully adhering to the terms of your lease.
The following are legal causes for eviction in Colorado:
Failure to Pay Rent: Nonpayment is the most common reason for eviction. The rental agreement you signed before moving in clearly outlines the amount due for rent and the date it must be paid. Your lease will also list acceptable methods of payment and the terms or fees for late payment. Failing to pay your rent or consistently paying late will put you at risk of eviction.
Failure to Follow the Terms of Your Lease: Violating the terms and conditions of your lease can lead to eviction. Conditions of a rental agreement will vary depending on the property, landlord, and other factors but some of the most common lease violations include unapproved actions such as subletting or uses of the property or actions on the property, having unapproved pets, or having roommates not listed on the lease. Renters can find various forms and information on the terms and conditions by contacting their property manager. For example, a copy of our lease can be viewed by clicking here.
Failure to Preserve the Condition of the Property: Causing significant damage to any part of the property whether in the house or out in the yard can also put you at risk of eviction. Leases are very specific about what you can do to the house or the property as a whole with the purpose of maintaining the condition of the rental. As a renter, it is your job to take care of the home while you are under lease and you will be held responsible for damages or unapproved changes.
Failure to Leave the Property at the End of a Lease: If your lease is up and you have not come to an agreement about renewing, you are legally obligated to move out.
Participating in Illegal Activities: You can be evicted from your rental if you have participated in activities involving illegal drugs or if you have been charged or convicted of a crime, particularly a violent one.
Communicate Quickly and Effectively
If you have found yourself in a situation that is making it difficult for you to pay your rent on time or even pay your rent at all, the best thing you can do is to let your landlord know as soon as possible. By communicating quickly, truthfully, and straightforwardly you provide yourself the best opportunity for a less damaging outcome.
Upfront communication is also important in situations where you may have violated the lease or damaged the property. Being candid and forthcoming with your landlord or property management company could give you an opportunity to right the wrong you are responsible for regarding your rental.
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