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Colorado is landlord-friendly, with minimal property taxes, low insurance rates, and flexible licensing requirements. Landlords can decide on their notice periods for entering a rental unit, and the state only recently implemented stricter eviction laws.
That means now is a good time to brush up on some of the details surrounding the removal of tenants from your property.
Notice of termination usually goes hand in hand with eviction, but it's not the same thing. Read on for a comparison of notice of termination of tenancy vs. eviction.
Tenancy Rights and Lease Termination
Tenants have extensive rights across the United States, especially for evictions. Like elsewhere, landlords must follow the rules and procedures stated in Colorado law.
If they don't, a judge can set aside their eviction case and allow the tenant to remain in place while the landlord restarts the eviction process.
Eviction Laws Explained
There are two types of evictions allowed in Colorado. These are:
Just Cause Termination
A landlord must have a legal reason to terminate a tenant's lease agreement early. This applies equally to fixed-term and periodic lease agreements.
In Denver, a landlord can end the lease if a tenant does the following:
- Violates the lease agreement terms
- Doesn't pay rent
- Commits a crime
- Commits violence toward another resident
Landlords must issue the appropriate landlord termination notice to end a tenant's lease for just cause. Eviction proceedings only follow if the tenant ignores or challenges the notice.
Termination Without Cause
Without any of the above causes, you may only refuse to renew a tenant's lease in the following circumstances:
- If they've been absent for 12 months
- If you've leased the property under an employer-provided housing agreement
- You have fewer than four units, and you live on-site.
Landlords may also refuse to renew a lease based on several 'no-fault' reasons. These are:
- Conversion or demolition of the rental unit
- The need for substantial renovations or repairs
- If a family member wishes to occupy your unit
- Withdrawing the unit from the rental market to sell it
- Late payment of rent at least twice during the tenancy
In all the above cases, the landlord must give the tenant a 90-day notice to vacate the property. Once the notice period runs out, the tenant must move out or face eviction.
Notice of Termination of Tenancy vs. Eviction: The Basics
Although evictions and lease terminations are complicated topics, there are a few things to keep in mind. Regardless of the circumstances, the landlord must give the tenant an appropriate notice as a first step.
These notices always have a deadline, varying from three days to 90 days. If the tenant does not comply with the notice, the landlord can implement an eviction case against them. If you're successful, the judge orders a tenant eviction notice instructing the tenant to vacate or face forcible removal.
Avoiding Evictions
Timing is the biggest difference between notice of termination of tenancy vs. eviction. An eviction notice is a last resort when terminating a lease, while the notice of termination is the first.
Hiring a rental property management team is the best way to ensure you're always on the right side of the law when it comes to lease agreements. Laureate Limited can help you navigate these complexities thanks to our years of experience in Denver real estate.
Our team is dedicated to providing professional, customized service for every client. Explore how we can help you today.
