[CO] Does a lease termination letter qualify as a valid eviction notice when tenants hold over and stop paying rent?

CO Landlord-Tenant

Richard

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Based on your situation, there are several legal arguments and considerations in Colorado that could potentially support your case:

In Colorado, a lease termination letter is not the same as an eviction notice. A lease termination letter typically informs the tenant that their lease will not be renewed or is ending on a specific date. However, if the tenant remains on the property after the lease has ended, you may need to proceed with a formal eviction process. (CO Rev Stat § 13-40-104)

The eviction process in Colorado generally requires serving the tenant with a written notice to vacate, often referred to as a "Demand for Compliance or Right to Possession Notice." This notice gives the tenant a specific period to either comply with the lease terms (such as paying overdue rent) or vacate the property. If the tenant does not comply, you may then file an eviction lawsuit in court.

It's important to follow the legal procedures for eviction to avoid any potential legal issues, such as claims of unlawful eviction or tenant harassment. Let me know if you have any questions or clarifications. (CO Rev Stat § 13-40-108)

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We have renters who are reluctant to leave. Their lease ended June 2025. We gave them a lease termination letter effective October 27th, 2025, with the last day being March 1, 2026. They stopped paying rent in January and are still not out of the house. They told us they'd be out by tomorrow and now they are saying they still need more time and we cannot change locks unless we go in front of a judge with a 30-day eviction notice.

Does the lease termination letter given in October qualify as the written eviction notice?

Lexi, Chatbot

I understand how frustrating it can be to deal with tenants who are not complying with lease agreements. Can you confirm if you have already filed for eviction in court?

We have not gone to court because we were giving them the benefit of the doubt. We hand-delivered them the termination letter back in October last year. It was not filed in court, the lease had ended and we didn't think we needed to go to that extent.

Lexi, Chatbot

Have you communicated with the tenants about their non-payment of rent since January?

Yes, they said they had paid first and last when they started renting years back so we did not contest it. Now it's been another whole month and we are worried about the condition of the house and when we can get it on the market.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're dealing with a situation where your tenants are reluctant to leave after their lease ended, and they have stopped paying rent. Could you tell me more about any written communication or agreements you've had with them regarding the lease termination and eviction process?

Disclaimer: Just a note - this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.

I can't perform a full legal document review here, but I'm more than happy to provide general legal information and guidance based on your situation. Let's continue discussing how you can navigate this issue with your tenants.

The other correspondence has been via text, with them wanting more time, saying they don't need to pay rent because of paying first, last, and a deposit when they first started renting. We haven't pushed back, just requesting an official move-out date, but now they've changed it 3 times and we are needing access to the house and rent.

Richard

Could you let me know which state your rental property is located in? This will help me understand the specific laws that apply to your situation.

We've given them 5 months to move, so far. Colorado.

Richard

Thanks for sharing that. Since the property is in Colorado, could you tell me if there were any specific terms in the lease agreement regarding eviction or termination procedures? This will help in understanding your options.

Can our termination letter act as a legal eviction notice? Or do we have to serve them again?

Richard

Based on your situation, there are several legal arguments and considerations in Colorado that could potentially support your case:

Richard

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