Law for Termination of Leases in Colorado
There are several ways a lease agreement may be terminated in the state of Colorado. Often, lease termination occurs because one of the parties involved in the agreement does not live up the conditions set forth in the lease. Lease termination when one part is at fault can be damaging to her credit report and her wallet. Other lease termination situations are amicable with both parties going separate ways.
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Failure to Maintain the Property
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If the landlord fails to maintain his rental property in accordance with applicable health and safety standards, a tenant may move to terminate her lease. Termination of the lease may only be performed after the tenant has made a written request to the landlord to make repairs to the rental property and provided adequate time for the repairs to be made. An exception to this rule applies if the damage to the property is the result of tenant negligence, in which case the tenant is responsible for repairs and not the landlord.
Tenant Eviction
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A landlord may evict a tenant for failing to pay rent or violating the terms and conditions of the lease agreement. In Colorado, a landlord is required to post a written three-day notice demanding the tenant either pay rent, comply with lease terms or move out. The tenant has this time period to remedy the situation with his landlord before eviction proceedings are filed with district court. All the landlord is required to do at an eviction hearing is prove the tenant has not complied with the terms of the lease and that proper notice has been given to the tenant. If the court rules in favor of the landlord, a local sheriff's official is required to supervise the tenant as she vacates the rental property.
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Illegal Lease Terms
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If a tenant finds that his landlord has included illegal terms in the lease agreement that circumvent his rental rights like the right to a safe living environment or proper return of his security deposit, he may move to terminate the lease agreement. This action is much simpler than an eviction proceeding since all the tenant has to do in court is show the document is illegal. A tenant may also be entitled to rent paid to the landlord while under the terms of an illegal lease agreement.
Mutual Agreement
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A landlord and tenant in Colorado may mutually decide to terminate a lease agreement. This should be done through a notarized document which both parties must sign. This is to protect the tenant in case the landlord attempts to sue him for rent he no longer owes and to protect the landlord in case the tenant attempts to sue her for wrongful eviction. No one's credit report should be negatively impacted by such an action since no eviction takes place.
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