Bad tenants are every landlord's worst nightmare. They don't pay their rent on time, if at all, and may cause damage to valuable investment properties.
For landlords, evicting bad tenants isn't an option when it causes them financial distress, but it can be a complicated and expensive process.
The Colorado Senate is currently working on steps to help limit evictions, which could lead to widespread changes in how you manage non-paying tenants.
So, it's vital to familiarize yourself with the current eviction laws and regulations before you do anything about your bad tenants. Read on for an overview of the eviction process in Colorado.
Reasons to Evict Tenants in Colorado
To avoid violating tenant rights, a landlord must have lawful cause for evicting a tenant before their lease expires. These reasons include:
- Non-payment of rent
- Serious offenses like criminal activity or violence
- Lease violations
Before commencing the eviction process, the landlord must end the lease by providing the tenant with written notice detailing the reasons for termination.
There are three different types of notices applicable to the causes listed above. These are:
Notice to Terminate for Non-Payment of Rent
In the case of non-payment, the landlord must serve the tenant with a notice that allows them 10 days to pay the rent. If they don't comply, the landlord can proceed with an eviction lawsuit.
If the landlord owns fewer than five single-family rental homes or has a lease that states a different notice period, the landlord can serve the tenant with a five-day notice to quit.
Notice to Terminate for Lease Violation
If a tenant violates a part of the lease, such as a no-pets policy, it's within the landlord's rights to serve the tenant with a 10-day notice to quit. If the tenant complies but repeats the offense at a later stage, the landlord can serve the tenant with a notice to quit with no option to remedy the situation.
Notice to Terminate for Substantial Lease Violation
This type of eviction applies to drug-related felonies, behavior that endangers property or other people, or any criminal act with a prison term of more than 180 days.
In these cases, the landlord can issue a three-day notice to quit.
The Procedure for Evictions in Colorado
When a tenant does not comply with a notice to quit, the landlord can start the eviction process by filing an unlawful detainer lawsuit. The court sets a date for the hearing, and the landlord must notify the tenant of the date for the hearing.
If the tenant does not appear, the judge will rule in favor of the landlord. The landlord presents the writ of restitution to the sheriff, who will physically remove the tenant and their possessions from the property.
The tenant may choose to fight the eviction. In this case, the judge will decide on an appropriate course of action.
Avoid Eviction Problems
Evictions are costly and unpleasant situations that no landlord wants to endure. PMI Northern Colorado can help you avoid them with our stringent tenant screening processes.
We can also assist you with an eviction protection plan when you sign up for one of our property management programs.
Get in touch today to discuss your property management management needs in Fort Collins, Colorado.