Trashed in CO : ezLandlordForms

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Steph R

started a topic over 14 years ago

My tenant did not pay March rent and kept informing me that he would and to give him until April. April comes and he still has not paid. Now 2 months no rent. He has now informed me he would leave by the end of April. I had a deposit but I am still owed a months rent. The house is trashed what should I do? I did send him 2 three day notices, one in March and one in April . I have also given him notices to pay rent and late fees. Should I go to small claims court for damages and rent due?

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Deb S

said over 14 years ago

Well... that is not how the process works. After the delivery of the 3 days notice...wait until the morning of the 4 day..then you have to go to the housing clerk and file a petition for eviction. fill out 2 copies per tenant (names listed on the lease) plus 1 for the judge of both Forms 444 and 445. Do not sign the 444s until in front of a notary. Pick a process server befor hand..and bring a seperate envelope for the paper work and a check for him...the clerk will see that it is delivered. Then..appear on the date appointed. (DO NOT BE LATE..the case will be dismissed if you are not there when it is read on the docket). If the tenant shows up for court..the judge will order the payment...but if they don't show..you have to go to small claims then yourself to get the judgement. However... I have never yet gotten a dime from a judgment.

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Deb S

said over 14 years ago

oops... I am sorry... I responded in the belief that you were in NY. I don't know the law in Colorado

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Lynn S

said over 14 years ago

The bad news is, since you did not enforce the previous notices some states will hold you partially liable as it enabled the tenant to not abide by contract and get away with it. Hopefully that is not the case with CO law. Generally the small claims court will expect for you to have followed through on your notices immediately after the contract was violated. Unfortunately small claims court still does not guarantee that you will see money from a judgment.

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Donna

said over 14 years ago

In CO: When such tenant or lessee holds over without permission of his landlord after any default in the payment of rent pursuant to the agreement under which he holds, and three days' notice in writing has been duly served upon the tenant requiring in the alternative the payment of the rent or the possession of the premises. If this has has been done according to Colorado Rental statutes, you can then file in court for a Forcible Entry and Detainer.

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Steve F

said over 14 years ago

Presuming that your arrangment with the tenant was for rent payment on the first of every month, you should have acted when you didn't get the March rent with a nottice to the Tenant, and then after whatever grace period your state has, have your attorney file for eviction. When the Tenant arrives at court, he'll offer and/or be told that he has to pay back rent owed and new rent, however, even if he does, this Tenant will most likely continue to be trouble, so it's best if you bite the bullet and get him out even if you have to lose some months rent until you find a new suitable tenant From now on, no more "I'll pay you next month": or I'll pay you part of the rent and the rest next month. etc." Check every prospective tenant's background, employment , earnings, credit history, etc. thoroughly before you rent.