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

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US-03329BG
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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.

A Colorado Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document filed by a landlord to initiate eviction proceedings against a tenant who continues to occupy the property after the lease has expired. This complaint is specific to cases where the tenant is holding over unlawfully and not vacating the premises as required by the lease agreement and Colorado state laws. The complaint outlines the details of the case, including the names of the parties involved, the property address, the lease agreement terms, and the expiration date of the lease. It also states the specific allegations against the tenant, such as their failure to vacate the property despite proper notice being given. Keywords: Colorado, complaint, unlawful detained, tenant holding over, expiration of term, eviction proceedings, lease agreement, state laws, property address, allegations, notice. Different types of Colorado Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term may include: 1. Residential Unlawful Detained Complaint: This type of complaint is used when the property in question is a residential dwelling, such as an apartment, house, or condominium. 2. Commercial Unlawful Detained Complaint: This type of complaint is filed when the property is used for commercial purposes, such as retail stores, office spaces, or warehouses. 3. Month-to-Month Unlawful Detained Complaint: This type of complaint is applicable when the tenant continues to occupy the property after the expiration of a month-to-month lease agreement, where either party can terminate the lease with proper notice. 4. Fixed-Term Lease Unlawful Detained Complaint: This type of complaint is filed when the tenant remains in the property after the expiration of a fixed-term lease, which typically has a specified start and end date. 5. Non-Payment Unlawful Detained Complaint: While not directly related to holding over after the expiration of the term, this type of complaint is filed when the tenant fails to pay rent, and the landlord seeks eviction based on non-payment. It's important to note that the specific terminology and procedures may vary slightly depending on local laws and regulations. Therefore, landlords and tenants should consult legal professionals or relevant resources to understand the precise requirements in their 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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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 ... Jun 9, 2021 — Holding over by a tenant after a substantial violation of the lease: “Substantial violation” is typically involves acts on.Sep 27, 2022 — Before pursuing eviction, confirm tenants are considered holdover tenants living in your unit without your permission. If you've accepted rent ... Oct 21, 2021 — Filing a suit requires the landlord, or their attorney, to draft a complaint informing the court of the facts of the case. Complete a “Complaint in Forcible Entry and Detainer” and “Summons” at the. Courthouse. The landlord will need to include a copy of the lease and a copy of ... May 8, 2023 — Follow our step-by-step guide to evict bad tenants legally and quickly. Get expert advice from our eviction attorneys. US Legal Forms is the perfect place for finding up-to-date Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term templates. Our ... Oct 10, 2023 — If the tenant hasn't moved out, or hasn't fixed the problem, start the lawsuit. 1) Complete the starting paperwork: JDF 101 – Complaint. Attach: ... Aug 14, 2023 — The eviction hearing is scheduled 7-14 days after the complaint is filed. ... Complete Guide to Colorado's Landlord-Tenant Laws for an in-depth ... An Eviction Case is a lawsuit brought to recover possession of real property, usually by a landlord against a tenant. A claim for rent may be joined.

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