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Tenant Eviction: What Every Landlord Should Know

house keysEviction is a necessary evil in the rental property business. Regardless of how meticulously you conducted the tenant screening process, you will likely encounter a bad, irresponsible tenant or someone who will struggle to pay rent.

And because this is business, you have no other choice but to evict them. When it comes to these, you have to make sure that you go through it, according to Colorado law. Ask your local Denver real estate attorney and they will likely suggest reading up on formal legal proceedings to avoid costly mistakes.

Failure to Pay Rent

You can evict a tenant if they are unable to pay rent, but you have to prepare and give them a written, signed notice before proceeding with eviction. The notice must inform tenants about the option to pay rent within three days. Make sure to include the address and description of the property in the “Three Pay Day” or “Notice to Cure”.

If the tenant fails to pay rent within the mentioned period, you may go forward with the case. Some residents still refuse to settle their accounts and may negotiate a resolution with you. For these situations, it’s best to contact an attorney to know how you can best handle these disputes.

The Case of Lease Violation

You may prepare a three-day “demand for compliance” notice if your tenant has violated a condition of the lease. This document must outline the lease terms tenants have allegedly violated.

Eviction will not be necessary, however, if the tenant was able to deal with the problem within the period. But tenants who have breached the same condition more than once will have to vacate the place; you have to give them a “Notice to Quit or Vacate”.

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Matter of Criminal Activities

Landlords may pursue an eviction case if they are able to prove that the tenants engage in criminal activities or conduct behaviors that put other residents in danger. Violence or drug-related felony are grounds for eviction.

In these cases where the tenant commits “substantial violation”, you also have to prepare “Notice to Quit” for tenants. This should have the specific time of and grounds for lease termination.

Know the law and conduct the eviction process legally. Consult an attorney if ever you find yourself in a conflict with tenants to ensure that your strategies for resolution are legal.