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Updated about 6 years ago on . Most recent reply

User Stats

11
Posts
7
Votes
Jarrett Duncan
  • Rental Property Investor
  • Phoenix, AZ
7
Votes |
11
Posts

Tenant Holdover Eviction Process Colorado

Jarrett Duncan
  • Rental Property Investor
  • Phoenix, AZ
Posted

Hello BP,

One of the leases on my duplex in Denver is due to expire December 1.  I had previous correspondence with the current tenant about 30 days ago and they stated they intended to renew on a new 12 month lease.  However, I've followed up with them numerous times over the last few days and haven't received a response.  

My question is if I'd need to serve them with a Notice to Quit if they have not vacated the day after their lease expires, or if I can begin the eviction process on day 1.  I understand I could let them continue month to month, but I do not want the uncertainty and prefer a 12 month lease.  My lease states the tenant will vacate the property at the end of the lease duration unless we agree to a new lease or I accept month to month payments, which I will not.  

I've spent a lot of time researching this online but can't find anything definitive on how to start the process.  I downloaded the Notice to Quit form from the state of Colorado website, but at the bottom it states "(1)No notice to quit shall be necessary from or to a tenant whose term is, by agreement, to end at a time certain."

I would imagine this means I can begin the eviction process the day after the lease termination without serving a 3 day notice but want to confirm.  The tenant could obviously vacate prior to this but I'm just trying to be proactive in the event they don't.

Thanks.

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