Renting: Evictions and Fact Sheet No. 9.905 Consumer Series|Housing by K.R, Tremblay Jr.; and CSU Student Legal Services* Evictions When you plan to move out, you also must Quick Facts give the landlord written notice within the You can be evicted for violating common • A landlord can evict you , sometimes criminal codes or the lease same time periods as above or you could be only through formal legal agreement. A landlord can legally evict you liable for the following month’s rent. proceedings. through formal legal eviction proceedings called “forcible entry and detainer.” There are Eviction for Nonpayment of Rent • Types of eviction proceedings generally three types of evic­tion proceedings. A landlord can evict you for are: eviction­ at the end of A landlord does not have to give you any nonpayment of rent any time you are the rental period, eviction reason for termination of the lease at the end behind in the rent. The landlord must follow for nonpayment of rent, and of this period. The landlord can decide not to technical procedures: eviction because of violations renew the lease, even if you have lived there • The landlord must serve you a written, of the lease agreement. for 10 years, always paid the rent on time, and signed notice. have done no damage to the rental property. • The notice must give you the option to • In certain situations, a However, the landlord must follow pay the rent within three days or move landlord may hold and sell technical legal procedures to terminate the out. This is sometimes called a Three Day your property for payment­ of lease. All notices of lease termination must be Pay or Quit Notice. back rent. in writing, signed by the landlord or agent, • The notice must be written and signed and must describe the property to be vacated. and must describe the property. • A landlord of a house (single- • If the written lease advises that it • You can cure the violation during this family dwelling)­ cannot take terminates specifically on a date and there time period. If you do not, you still may your property for payment of are no additional notice provisions in the have a defense to the future eviction back rent. lease, no notice whatsoever is required. action, or you may be able to negotiate You are expected to vacate the premises a resolution with the landlord. See an • A lockout in an apartment on that date. attorney before you vacate the premise. or house is illegal;­ it denies • If the written lease advises a specific you access to your property notice requirement prior to the Eviction for Lease Violation without due process. termination date, you must comply with You can be evicted for violating a lease if that notice requirement or potentially For more information, see the clauses in the lease are legal. Some clauses, fact sheets 9.903, Renting: be subject to an additional month’s rent. such as the tenant’s forfeiture of the entire Security Deposits; 9.904, Always keep a copy of that written notice security deposit for , regardless of Renting: Leases; and 9.906, and sent it certified and regular mail. actual costs, are illegal. The landlord must • In the event that the lease is silent as to follow strict procedures: Renting: Location, Selection and notice requirements, the notice must • The landlord must give you a written, Roommates. be served in a specified number of days signed notice that the lease has been before the end of the rental period. The violated. The notice must give you the required time is as follows: option, in the alternative, to comply with Time period before the violated lease terms within three days, the end of rental period that notice or vacate the premises. Rental period must be served. • The written notice must set forth the lease 1 year or longer 3 months terms that the landlord alleges have been 6 months to 1 year 1 month violated. The notice must be signed and 1 month to 6 months 10 days © Colorado State University must describe the property. 1 week to 1 month 3 days Extension. 12/99. Revised 12/08. less than 1 week 1 day • If you violate the same lease terms after a written notice has been given, the www.ext.colostate.edu * K.R. Tremblay, Jr, Colorado State University Extension landlord may evict you without giving any housing specialist and professor, design and merchandising. Original text by Colorado State University further right to comply with those terms. Student Legal Services. 12/2008 back rent or other amounts due. Some The landlord must give only a three-day This material should not be used notice terminating the tenancy. courts, however, have held this statute unconstitutional and were as a substitute­ for seeking advice from attorneys and other qualified Eviction for Violent and required to pay charges. Antisocial Criminal Acts The law distinguishes between three advisors. types of rentals: Your lease can be terminated by the • temporary guests at a hotel, motel, inn landlord at any time during the lease or boarding house; Constructive Evictions period: • tenants in an apartment; and • If the landlord has proof that you or A constructive eviction is when a • tenants in a single-family house. landlord does something to interfere with your guests committed an act or series A landlord of an apartment or room of acts on or near the premises which your possession,­ use and enjoyment of the can take only certain property to pay back rented pre­mises. You can elect to move out endangers the landlord or other tenants, rent. A landlord cannot take small kitchen or the property of those individuals; or of the apartment and not be responsible ap­pliances, cooking utensils, bedding, beds, for the of the lease. Always seek • If the landlord has proof that you or necessary­ clothes, personal or business your guests committed an act or series the advice of an attorney before you vacate records, or personal effects. The landlord the premises because you could potentially of acts which constitute a violent or may take such things as stereos, CDs, drug related felony. incur much liability. You may not want to television and tools. A landlord of a single- move out, but rather take corrective actions. The landlord must give you three days family house cannot take your property. written notice to quit. The notice must be The landlord may enter the apartment Lockouts dated and signed, and must describe the or room at a reasonable time and in a A lockout is a constructive eviction property, the particular time the tenancy peaceable manner to take possession of the done by the landlord to lock you out of the will terminate, and the grounds for property covered by the . rented premises. A lockout in an apartment, termination. If you are at home, you can resist the motel or house is illegal. By placing a lock If eviction notices are ignored, the entry and order the landlord out. If you are on your door, the landlord has denied you landlord must go to court and file a lawsuit. not at home, the landlord may use a pass access to without due The landlord must serve a summons and key to go in and get the property. process of law. You may slip or break the complaint. They can be served on you If the landlord takes your property and lock on the door; however, you run the risk personally or posted on your door (or a you do not pay money owed to the land­ of being arrested when taking this action. conspicuous place on the premises) with a lord within 30 days, then the landlord must Notify the police and seek legal advice copy mailed on the same day it is filed with file a foreclosure action in court. When before taking this step. the court. If the summons is posted rather the landlord has received a judgment, the At most, you will be liable for the than served, the landlord can only get a landlord can sell the property after he or cost of the damaged lock. You cannot be judgement for possession of the premises, she has given 10 days prior notice of the prosecuted for breaking into your own not for money. sale in the newspaper and after hav­ing apartment. If police were called, you may The summons must tell you to appear given written notice to the owner of the have to prove that you are the tenant. in court in no less than five days. If you per­sonal property. From the proceeds of the You have a legal right to free access to the do not appear in court as required, the sale, the landlord may retain an amount for apartment. If you are forced to stay in landlord can get judgment for possession reasonable sale cost (not to exceed $90) and a motel or car due to being locked out, on that day. the amount you owe. The remainder of the the landlord is liable to pay for damages. If you do appear and file an answer, proceeds and any unsold property belong You, however, must prove physical­ injury a trial will be set in about five days and to you. or deprivation. Payment of hotel fees is the land­lord cannot get a judgment until If the landlord sells or otherwise sufficient for damage suit. after the trial. Once the landlord obtains disposes of your property without properly a judgment, he or she must wait 48 hours comply­ing with the Colorado law, you Utility Shutoff and then get a writ of restitu­tion to have the are entitled to bring a court action to sheriff put you out. The sheriff usually will recover the value of the property or $100 The utility shutoff is another give you a day or two to vacate voluntarily (whichever is greater), and reasonable­ constructive eviction done by the landlord before taking forcible action. attorney’s fees. to shut off the utilities in the rented This procedure is complicated. A premises. When this happens, you can have Landlord’s Lien on landlord who is taking a tenant’s property the utilities turned back on at your expense. You can take legal action against the Tenant’s Property because of amounts owed to the landlord should seek legal advice. landlord to recover the expense incurred to In certain situations a landlord may If you have had property taken by the have the utilities turned on. have a lien on your personal property for landlord, keep a record of all actions and money you owe the landlord. In situations property taken and notices received. Also Colorado State University, U.S. Department of where the landlord has a lien, he or she seek legal advice. Agriculture and Colorado counties cooperating. may take and hold your property to pay CSU Extension programs are available to all without discrimination. No endorsement of products mentioned is intended nor is criticism implied of products not mentioned.