What to Do When a Tenant Breaks their Lease in Colorado
Dealing with lease violations by tenants can be a challenging situation for landlords. If you feel the need to uphold the integrity of the rental agreement, it is important to do so thoughtfully. Here are some steps you can follow to address the issue effectively:
Review the Lease Agreement:
Be sure you carefully review the lease agreement to determine the specific terms and conditions that have been violated by the tenant. Common lease violations include: non-payment, unauthorized subletting, excessive noise, property damage, or violating pet policies. Understanding the exact nature of the violation will help determine the appropriate course of action.
Communicate with the Tenant:
If understanding the lease wasn’t imperative to understanding violations, communication with the tenant would absolutely be first. Once the lease violation has been identified, it is crucial to open a line of communication with the tenant. Discuss the issue and inform them of the breach of the lease terms. It is recommended to document all communications, whether through email or written letters, to maintain a clear record of the dialogue.
Provide Written Notice:
In Colorado, landlords are required to provide written notice to tenants when addressing lease violations. The notice should outline the specific violation, the action required to remedy the situation, and a reasonable deadline for compliance. The type of notice and the duration may vary depending on the nature of the violation and whether it is a curable or non-curable breach. Again, documenting this, sometimes via certified mail, is highly recommended.
Creative Solutions:
In some cases, tenants may be willing to rectify the violation once they are made aware of the issue. Depending on the situation, you may be able to work up a creative solution to address the violation. For example, if the tenant has unpaid rent, a repayment plan can be negotiated to settle the outstanding balance. If the tenant is sincere about rectifying the situation, it is often much less painful than the alternatives…
Eviction Process:
If the tenant fails to rectify the violation or continues to breach the lease agreement, landlords may need to initiate the eviction process. In Colorado, landlords must follow legal procedures and obtain a court order to evict a tenant. This typically involves filing a lawsuit and attending a court hearing. It is always advisable to consult an attorney or seek guidance from local housing authorities to ensure you have the best advice. This article does not serve as legal advice.
If you’ve gone through all these steps in determining what to do when your tenant breaks their lease and not seen any success, it may be time to consult a legal professional. Sometimes we communicate and negotiate beyond a point that’s no longer helpful to either party. Reach out to friends, family, or colleagues who have had experience with landlord-tenant matters and ask if they can recommend an attorney. Take it a step further by corroborating the referral online with the American Bar Association directory or others. Of course if we can be your advocate as a property manager here in Durango, we would be glad to assist you!
