Repeat Violation of Colorado Lease Agreement

Filed Under (Eviction) on 10-10-2013

Eviction, 3 day notice, notice to quit, notice to cure, court forms Not Again!

Yep, they did it again. The rule is no dogs allowed on the property, which is clearly stated in the lease agreement. You were being “Mr. Nice Guy” by verbally warning them a couple times, and then you posted a three Day Demand for Compliance or Possession. You thought you got through to your tenants because things have been quiet for awhile. Now 6 months later you see Spot digging a hole in the front yard. Will you have to start over and give them another 3 day notice to cure?

No. A provision of the Forcible Entry & Detainer (FED) law modifies the rights of tenants and the duties of landlords relative to repeated violations of the lease agreements. The law provides: (a) if the landlord had previously issued a Demand for Compliance or Possession to a tenant relative to a certain violation of a covenant: and (b) the tenant had cured the violation; and (c) the tenant subsequently commits a second violation of the same covenant, then the landlord does not have to provide another 3 day notice, but may provide a “Three Day Notice to Quit” which does not allow the tenant to correct the problem, and then the landlord may pursue an eviction action.

This Notice to Quit (Repeat Violation) is served in the same manner as the Demand for Compliance or Possession (see “The 3-Day Notice: How to Start a Colorado Eviction” post). The same construction of the three-day rule discussed in “The 3-day Notice” post is suggested.

Here is a checklist for Notice to Quit (Repeat Violation) (Form No. 219R)

•    Must be in writing.

•    Must be addressed to the tenant or lessee.

•    Description of the premises.

•    Specification of the covenant or condition violated by the tenant.

•    Date of the first violation.

•    Date when the Demand for Compliance or Possession was sent.

•    Date of the subsequent violation.

•    Statement that the Lease will terminate.

•    Date when the termination is effective.

•    Signed by the landlord or the landlord’s agent or attorney.

CAUTION: This form cannot be used to evict chronic late rent payers.

For more information about pre-litigation process and forms, check out the “Landlord & Tenant Guide to Colorado Leases and Evictions” by Victor M. Grimm, Esq. and Denise E. Boehler, Certified Paralegal