Colorado Complaint regarding double rent damages for holdover
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How to fill out Complaint Regarding Double Rent Damages For Holdover?
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FAQ
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.
A tenant who doesn't move out after their lease expires is also known as a holdover tenant. In order to evict them, you must not accept rent payments. If you do, the previous lease term will renew automatically and the tenant will continue to legally occupy the rental property.
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.
A landlord must prove the amount of the damage to the apartment/house and that it was caused by you or your friends. A landlord cannot keep the security deposit and make you prove that you should get it back.
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.
Even if the reason is legally unjustified, a landlord cannot charge the tenant for the total remaining rent under the lease. If you're able to re-rent the unit to a replacement tenant quickly, the tenant would only be liable for the period the unit was vacant. This is known as the landlord's duty to ?mitigate damages.?
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 your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.