This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.
Colorado Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease
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State:
Multi-State
Control #:
US-00867BG
Format:
Word;
Rich Text
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How to fill out Complaint Or Petition To Recover Possession Of Leased Premises After Expiration Of The Term Of The Lease?
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FAQ
In Colorado, the law permits landlords to remove tenants from their homes after the lease expires, even if the tenants continue to make rent payments. Known as an eviction for ?holding over,? these lawsuits drag renters into court for the crime of having nowhere else to go.
The Colorado Supreme Court upheld a pandemic-era rule Monday, requiring landlords to provide tenants in federally-subsidized housing 30 days notice before eviction.
As of October 1, 2021, Colorado adopted a grace period law. It states that Colorado landlords can't charge late rent fees until rent is seven days late. Plus, late fees are capped at $50 or 5% of the amount of past due rent, whichever is greater. To charge a late fee, landlords must disclose it in the rental agreement.
As long as the tenant does not violate any rules, they can stay until their rental period ends. But if the tenant stays in the property even a day after their lease/rental agreement ends and has not arranged for renewal, landlords can issue a Notice to Quit.
If the tenant has not paid rent or violates the terms of the lease, the landlord must give the tenant a signed Ten-Day Demand for Compliance or Possession (Ten-Day Demand) stating the rent owed or identify the violation of the lease to start the FED process.
Generally, a landlord can terminate a lease without reason at the expiration of the lease term. That means your landlord is under no obligation to renew your lease or allow you to stay on the property for additional time unless you are able to invoke an anti-retaliation law.
Most of the time the term is for one year, but it can be less or more if both you and the landlord agree. When this term is over, you and the landlord can sign a new lease?if you both agree?and start all over. Or, you can leave the property.
Landlord must give notice to terminate the tenancy: For one year or longer: 90 days. For six months to less than one year: 28 days. For one month to less than six months: seven days.
