What Can You Do if Your Tenant Breaks the Law?

Filed Under (Eviction) on 04-02-2014

Notice to Quit, Notice of Eviction, Court Forms, Eviction Forms Substantial Violation of Colorado Lease Agreement

If your tenant has broken a law or committed a violent act on or near the leased property, a Demand for Compliance or Possession is not required. Rather, a Notice to Quit, similar to the form used for a repeat violation of lease is required.

Colorado law states that it is an implied term of every lease of real property that a tenant shall not commit a “substantial violation” while in possession of the premises. A substantial violation is an act by the tenant or by “any guest or invitee” of the tenant, which either:

1.    occurs on or near the premises, and endangers the person, or endangers the property of the landlord, co-tenant, or any person living on or near the premises, or

2.    occurs on or near the premises and is a violent or drug-related felony under certain provisions of the Criminal Code, or

3.    occurs on the tenant’s leased premises or the common areas, hallways, grounds, parking lot, or other area located in the same building or complex in which the tenant’s leased premises are located and constitutes a criminal act in violation of federal or state law or local ordinance that;

        a)    Carries a potential sentence of incarceration of 180 days or more; and

        b)    Has been declared to be a public nuisance under state law or local ordinance based on a state statute.

If a substantial violation occurs, a landlord may then terminate the tenancy by serving a Notice to Quit (Substantial Violation). This termination is effective three days after service and does not provide a right to cure. If you’re unsure about the act being substantial, contact an attorney.

Please see the Landlord & Tenant Guide to Colorado Leases and Evictions for more information on substantial violations.