In Colorado, the process of evicting tenants without a lease can be expedited under certain circumstances. While the standard eviction process typically takes longer, landlords do have options for swift eviction when specific conditions are met. In this article, we will explore how landlords can initiate a rapid eviction, allowing them to regain control of their property in as little as 72 hours.
Understanding Leaseless Tenants:
Leaseless tenants, often referred to as tenants-at-will or holdover tenants, are individuals who occupy a property without a formal lease agreement. They might have previously had a lease that has expired, or they could have moved in without any written agreement.
The Rapid Eviction Process:
Under Colorado law, landlords can pursue a rapid eviction when certain conditions are met:
- No Written Lease: The property must not have a written lease agreement in place. If a written lease exists, standard eviction procedures apply, and the timeline will differ.
- Non-Payment of Rent: Rapid eviction typically occurs due to non-payment of rent. If the tenant fails to pay rent when due, the landlord can swiftly move forward with the process.
- Three-Day Demand for Compliance or Possession: The landlord must serve the tenant with a “Three-Day Demand for Compliance or Possession.” This notice gives the tenant three days to either pay the rent owed or vacate the property.
- Filing an Eviction Lawsuit: If the tenant does not comply within the three-day period, the landlord can file an eviction lawsuit in court. This legal action seeks possession of the property.
- Court Hearing: The court will schedule a hearing, typically within a few days. Both the landlord and tenant will have an opportunity to present their case.
- Writ of Restitution: If the court rules in favor of the landlord, it will issue a “Writ of Restitution.” This document authorizes law enforcement to remove the tenant and their belongings from the property.
Important Considerations:
- Tenant’s Right to Cure: In some cases, tenants may have the right to cure the non-payment by paying the rent in full before the eviction process is complete. This can vary based on individual circumstances.
- Retaliation Laws: Landlords should be aware of Colorado’s laws regarding retaliation against tenants. It is illegal to evict tenants in retaliation for exercising their legal rights, such as reporting code violations.
Conclusion:
Swift eviction of leaseless tenants in Colorado can be achieved when specific conditions are met, primarily related to non-payment of rent. By following the legal procedures, landlords can regain possession of their property within 72 hours, allowing them to address the situation promptly and effectively. It’s essential for landlords to understand their rights and responsibilities under Colorado law to navigate these situations successfully.
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