Colorado Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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Multi-State
Control #:
US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

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.

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.

If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.

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.

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.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

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.

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Colorado Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term