Colorado Eviction Question

[Alan Mills]

Working through my first eviction without an attorney in Colorado. County Clerk suggested that once I retake possession of the property, that it is could be difficult to get a settlement for any future unpaid rents through the end of the lease term, which is through July 2024. My concern is being able to find a tenant during fall/winter months. With each passing day, I lose rents and am now covering utilities, all of which were tenant responsibility. Clerk said that if I can cite laws to support collecting other future losses until I can get a new tenant might convince the judge. Is anyone aware of laws that would support my argument? Thanks.

[Mitch Messer]

Hey @Alan Mills, condolences on your eviction situation. Sometimes tenants can be a total nightmare...

That said, I think you'll have a very difficult time convincing a judge to award you a claim of unpaid rents through the end of the lease term, particularly if you are in the business of landlording.

As real estate professionals, we chose to take on the risk of eviction-related vacancies. Once the court gives us back possession of the property, it's on us to get to work finding a new tenant.

Moreover, even if you did persuade a sympathetic judge to award you a judgment for lost rents, how would you collect on it?

The same tenants that didn't pay you rent while they were residents likely won't pay even if you get a judgment against them.

For better or worse, this is the nature of the business we've chosen!

Good luck to you!