How do I get out of a lease as a Landlord when the tenant failed to pay their deposit and first month's rent? They are now 10 days past due. They claim to have had a death by suicide on the move in date. They are still out of town till Thursday, 3/12/26. I need to rent this bedroom out ASAP but now I'm stuck.

Mar 9, 2026
Real Estate
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Boyd RolfsonPartner | 18 years of experience
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Boyd Rolfson
Boyd Rolfson
Boyd RolfsonPartner 18 years of experience
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Thank you for the question. Given the information you’ve provided, it sounds like you technically haven’t entered into a binding contract. Generally, a lease must become a binding contract before it takes effect. A piece of becoming a binding contract is the payment of the deposit and the first month’s rent. Based on the information you provided in the question, the prospective tenant has not made those payments. If that is the case, you may terminate the tenancy. However, I strongly recommend that you speak with an attorney well-versed in Colorado landlord-tenant law. They’ll likely want to review the lease and gather more information from you to provide more nuanced guidance.

You can schedule a case assessment online with a member of our Evictions & Landlord Team or call our main line at 303-688-0944.

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