Can I Evict A Tenant For Multiple or Subsequent Lease Violations?
Yes. A tenant in Colorado who has been notified of a lease violation during the current tenancy may be evicted by the landlord for any subsequent violation of the lease agreement, regardless of if they were able to previously cure the violation. However, certain requirements must be met before the eviction process is started by the landlord.
Colorado law provides for the eviction of a tenant if they commit multiple, subsequent violations. Where a landlord has previously delivered notice to a tenant of a violation of any term of the lease such as unauthorized pets at a residential rental, or putting cattle in unauthorized areas of a grass lease, and the tenant holds over, or continues to commit the violation, the landlord may serve a Notice to Quit upon the tenant.
The landlord must be able to show that both Notices served upon the tenant were valid under Colorado law. Demands for possession MUST be in writing and MUST accurately depict the property, the violation, and the lease clause that the tenant is in violation of. If you file an eviction action based on a subsequent violation of the lease, you should have evidence of the delivery of the first such notice to the tenant as well as the latter, either by return of service or certified mail receipt.
It is important as a landlord to accurately keep track of the violations of your tenant and to serve both timely, and within the law in order to be fully prepared if the time for an eviction action occurs. Often, landlords find themselves wanting to evict a tenant for what is actually a subsequent violation, but because the notice or demand for the first violation fails to comply with the legal requirements for notice, the landlord may not be able to file an eviction.
If you have a commercial, residential, or agricultural property that you lease, it is important to get your notice requirements set up prior to them actually being needed. Denver Landlord and Tenant Attorney Nathaniel Gilbert helps landlords prepare for eviction before the process even starts with competent and complete forms, letters, and notices that can be sent by the Landlord when needed. Nathaniel has helped both landlords and tenants with eviction processes and lease drafting and negotiation in commercial, residential, and agricultural lease properties, making the process smooth for both parties. For more information on your new Denver Landlord and Tenant Attorney Nathaniel Gilbert and articles and information on leasing in Colorado, Click Here.