Your Legal Questions Answered
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?
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.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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