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Complaint for Unlawful Detainer - Residential Tenant Holding Over...

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

Name: Colorado Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term
Brand: US Legal Forms
Rating: 4.65 (375 reviews)

Category:

Landlord Tenant - Unlawful Entry and Detainer

State:

Multi-State

Control #:

US-03315BG

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Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.

An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.

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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How to fill out Colorado Complaint For Unlawful Detainer - Residential Tenant Holding Over After Expiration Of Term?

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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.

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.

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.

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.

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.

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.

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.

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If the renter doesn't move out, you can file for their eviction in court. A tenant who doesn't move out after their lease expires is also known as a holdover ... Sep 27, 2022 — Although most tenancies have set expiration dates, there may be instances where tenants refuse to leave once that date arrives.Jun 9, 2021 — Holding over by a tenant after a substantial violation of the lease: “Substantial violation” is typically involves acts on. A landlord can only remove a tenant prior to the end of a lease term through an eviction, meaning that ... Complete a “Complaint in Forcible Entry and Detainer” ... Oct 21, 2021 — If the tenant does not vacate the property after the expiration of the notice period, the next step is to file a lawsuit in court for unlawful ... Sep 25, 2023 — The first step to any eviction process is to send a certified notice to the tenants. Thereby informing them of your intent as the property owner ... Apr 29, 2020 — Colorado evictions are guided by the Forcible Entry and Detainer Act (C.R.S. §§ 13-40-101 through -123) which defines the grounds and process ... Oct 10, 2023 — A month-to-month lease is common after an expired written fixed term lease is not renewed but the tenant remains in the property as a “holdover, ... Provide 21 days notice of rent increase and Notice to Quit where Tenant holds a short-term lease. • Provide Tenants, regardless of immigration status, with the ... Check with the Landlord and Tenant Court Clerk to see if a writ of restitution has been filed. You should receive a copy of the writ of restitution in the mail.

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

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What are the rights of a holdover tenant in Colorado?

What is the new renters law in Colorado?

What happens when your lease ends in Colorado?

How long can a tenant stay after the lease expires in Colorado?

Can a landlord refuse to renew your lease in Colorado?

How long does it take to evict a tenant in CO?

What happens when a landlord is successful after pursuing an unlawful detainer action?

How much notice does a landlord have to give if not renewing lease Colorado?

Interesting Questions

What is an unlawful detainer?

What is 'holding over' in relation to a residential tenant?

Can a residential landlord file a complaint for unlawful detainer against a tenant holding over?

What are the valid reasons a landlord can file an unlawful detainer complaint?

What steps does a landlord need to take before filing an unlawful detainer complaint?

What happens after a landlord files an unlawful detainer complaint?

What are the possible outcomes of an unlawful detainer lawsuit?

Can a tenant avoid an unlawful detainer lawsuit?

Can a tenant contest an unlawful detainer complaint?

What are the consequences for a tenant if they lose an unlawful detainer lawsuit?

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