Colorado Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant

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US-00895BG
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Description

A tenancy from month to month is one under which a tenant, holding an estate in land for an indefinite duration, pays a monthly rental. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a month-to-month tenant after the tenant has been give the statutory notice to quit (e.g., to give up or leave) the premises.

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FAQ

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.

Most long-term tenancies require at least a month's notice in order for the landlord to rent out the property. State law requires that month-to-month renters give at least a ten day notice, prior to the final day of the rented month, to their landlord.

In the state of Colorado, the amount of notice needed from a tenant wishing to end a lease is 91 days for a yearly lease, 28 days for 6 months-a year lease, 21 days for a monthly lease, and 3 days for a weekly lease. In the lease agreement, you should also outline your responsibility as a landlord to re-rent the unit.

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.

Tenant rights state that they may exercise their right to habitable housing whenever they consider it appropriate; this includes asking for utilities in good condition, getting repairs in a reasonable amount of time, and collecting their security deposit once they leave the premises.

Ending a Periodic Tenancy (Rental Agreement) The most popular form of periodic tenancy is month-to-month. In Colorado, landlords who want to end a periodic tenancy without cause must give a certain amount of written notice to terminate. The amount of notice required depends on the length of the rental agreement's term.

Termination of Month-to-Month Lease A month-to-month lease is a rental agreement for a one-month period that is renewed automatically each month until properly terminated by either party.

A substantial violation means any act that endangers the person or willfully and substantially endangers the property of the landlord, any joint tenant, or any other person living on or near the property, or occurs on or near the premises, and constitutes a violent or drug-related felony.

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Colorado Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant