[CO] Can a tenant avoid paying lease violation and other fees by claiming the landlord chose to end the lease after violations?

Hello, I would like to understand how to evict a tenant for multiple violations of the lease agreement. The tenant was also given two options on how to proceed:

1. Pay the penalty fee and correct the situation; or
2. Leave the premises, end the lease agreement, and pay the cancellation fee, penalty fee, and have 30 days to move out.

He chose to vacate as long as he does not have to pay any fees. However, with the lease agreement, he signed a very black-and-white rental agreement. He is stating that because I am the one choosing to have him vacate, he does not need to pay anything, even though his violations are what caused him to receive a notice.

Yes, I have.

Yes, I have many pieces of evidence and proof of violation. He is lying and denying them, even though it is clearly on camera showing his violations.

Yes, that is correct. I am in Colorado. I am going to copy and paste the violations in:

First:
XXXI. GUESTS. There shall be no other persons living on the premises other than any authorized tenant(s) and occupant(s). Guests of the tenant(s) are allowed to visit and stay on the premises for a period of no more than 3 days, unless the landlord approves otherwise (“Guest(s)”). You have not spoken to me about your quest living at this house, and you have had plenty of opportunities to speak to me about this. Your quest has been living at this rental property for approximately 80% of last month and every single day last week of this new month (February). I have documented footage to prove this if need be. Conveniently, every time I have come over to the house to do repairs or deal with another tenant, Miranda is always there.

LII. ADDITIONAL TERMS AND CONDITIONS. Key codes and keys are only meant for you and only you alone. This rule is very straightforward, and I have documentation of your quest using your key, or so I assume is your key, to get into the rental property. Because of that, this leads me to the next part of the lease agreement you signed: “If an extra copy of the key(s) or key code is given to another person that is not a tenant, you will be subject to termination of contract or a hefty fine. You will have 30 days to move out. You will pay a cancellation fee and be prorated for the amount of days that the 30-day move-out period goes into for the next month.”

I did make extra copies of the keys to the rental property, which are the keys I gave to all tenants living in this house. You have one yourself. Even if it is not permanent, your quest has had a hold of your key(s) to enter the house, which she does not have the right to do since she is not a tenant.

I am willing to work with you about this, as I am giving you a chance to not have your contract terminated. However, I will terminate your lease contract if I do not hear a response from you within 10 days of receiving this notice. You may email or text me about this. I am willing to meet or do a phone call, but the meeting will be recorded for documentation purposes.

Hefty is not, so we talked about it, and I looked around online to see what was reasonable. I went on the lighter end and said it would be 10% of his monthly rental, which should only equate to 107.5 for payment.

The cancellation fee is defined in the lease agreement, and it is one month's rent, which is $1,075.

He states I did not give him any warnings, so he should not have to pay..however, he signed an agreement that doesn't mention about 3 warnings for him. I have specific outlined rules on this lease agreement that either gives a warning for certain violations or immediate termination due to a serious violation. Example: sexual harassment is immediate termination, stealing from another tenant is immediate violation, etc.

These are things he signed for and understood.

Thank you. I assumed he believes he needs a warning for any violations, though there were a few altogether. I gave him the opportunity to correct the situation, pay the fine, and pay the utility portion for his girlfriend living with him for a couple of months. The only evidence I have is video recordings from last month and not the previous one. He also admitted that she has been staying longer than three days last week, for certain reasons. I told him that if he had let me know, it would have been fine, but he did not. Once he was caught with the violations, he began going back and forth on how to get out of the fees. He states that I am initiating the eviction, not him choosing to leave, hence why he will not agree to pay the fees, but he has agreed to vacate.

I gave him these two options. One was to cure, but he chose to vacate, and I have proof he chose that too.

"You have the right to challenge this notice and bring a mediator to discuss this if need be. However, there is proof that almost every single day, early in the morning or late at night, your quest is entering and exiting the home. It is very clear that she is living with you at Hayloft for the majority of the month.

Two options I am putting out on the table, and it is up to you if you would like to accept or deny. If we cannot come to an agreement, we will have to end the lease, and you will have to pay all penalty fees, the prorated rental amount, and have 30 days to move out officially.

Option 1: End your lease agreement and have 30 days to move out. You will have to pay a cancellation fee, a penalty fee, and the prorated amount for the 30 days that go into the next month, starting from the day you cancel your lease agreement and sign the cancellation.

Option 2: Pay the penalty fee and last month’s utility usage for your quest’s portion. Correct the situation, and let your quest know she is not allowed to stay more than three days at the rental property per week. If I see her on camera more than three days in a row at the house per week, or if someone tells me, you will be subject to termination of the lease agreement. A court eviction could possibly happen as well, but I am not trying to get that far into the situation. Please have your quest return your key back to you if you have given it to her. You have until the end of this Saturday to correct this situation (02/14/2026). The week runs from Sunday to Saturday."

Okay, sweet.

Since I did this two days ago and he chose to vacate as the option, am I allowed to take option 2 away, which is curing the situation? Am I allowed to send him a termination contract and the fees that apply with it?

So, if he decides not to sign and ignores the termination, what do I need to do next? He is already fighting me on curing the situation or trying to come to an agreement with me.

And if he owes money and doesn’t pay, I assume I can go to small claims court for this? And can I also use his deposit to cover some of the difference?Or, because the deposit is meant for any damages, tears, or anything similar in nature, he will receive the deposit back in full as long as nothing listed above has happened?

Benjamin, thank you for the help! I will start this process and go from there. This leaves me with confidence in what I should do next.

Yes, issue is resolved for me! Have a nice day!