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Tenant does not pay the entire amount of rent

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  • Tenant does not pay the entire amount of rent

    If a tenant does not pay the entire amount of rent, $1900 vs. $2000, can I send them a break of lease notice and then eviction if not corrected. Tenant is not communicative in resolving matters.

    Colorado

  • #2
    Of course.

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    • #3
      Thanks!
      Even if it's just 100 of the 2000 that is still ok?
      I was thinking some law might say it has to be some significant or major breach to evict.

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      • #4
        I haven't found anything in the Colorado statutes that prevents that practice but I don't think a judge will be happy with you doing it and would likely dismiss your eviction.

        Is there anything in your lease that addresses partial payment, late charges, grace period, etc?

        There should be.

        Comment


        • #5
          In my experience Judges do not like to evict for non-material breaches even on commercial leases let alone residential. And some law supports that view.

          If the tenant fails to pay 100% for many months and no reason exists then eviction is probably possible, even likely, but one payment of a few less dollars is not likely to get you an eviction in most courts.

          Lease terms might specifically make a small nonpayment material but even then the eviction issues isn't strong.

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