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If a landlord accepts partial rent payment in Colorado before the judge signs off on the eviction, isn’t it supposed to stop the eviction?
Jul 25, 2024
Real Estate
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

When a landlord accepts partial rent payments from a tenant who is facing eviction, it can be seen as an acknowledgment of the tenant’s attempt to remedy the default. This acceptance of rent may imply that the landlord is willing to give the tenant more time to pay the remaining balance, potentially affecting the eviction process. "By accepting rent with knowledge of a violation of the lease, a landlord waives its right to terminate the lease." Zeke Coffee v. V., 2010 Colo. Dist. LEXIS 1976.

I would point out that this does not "stop" the eviction by itself. Instead it is an argument that you need to raise as a defense of the eviction in the court proceeding.

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