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If a landlord gave 90 day notice to terminate a single family house on a month to month, what are their rights if tenants do not leave and become holdovers?
Oct 9, 2023
Real Estate
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

Under Colorado law, if you've given a 90-day notice to terminate a month-to-month tenancy for a single-family house and the tenants do not vacate the property, becoming holdovers, you have specific rights and remedies. First, it's worth noting that Colorado law generally requires only a 21-day notice to terminate a month-to-month tenancy, so your 90-day notice is more than sufficient. If the tenants fail to leave after the notice period, you have the right to initiate eviction proceedings. You can file an eviction lawsuit, also known as a "Forcible Entry and Detainer" action, in your local county court. If successful, the court will issue a "Writ of Restitution," allowing law enforcement to remove the tenants.

Additionally, you have the right to seek damages for the period the tenants have overstayed. This could include not just the unpaid rent for the holdover period but also any other financial losses you've incurred as a result of their failure to vacate, such as legal fees and costs associated with the eviction process.

This requires that the notice is proper. For more information on evictions check out our Evictions Content for Landlords.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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