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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34788
Experience:  Attorney over 16 years, landlord 26 years
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Afternoon, I own a property that we have rented out to a

Customer Question

Afternoon, I own a property that we have rented out to a couple. After two months the police and swat team was called and a force entry was done on my property. (domastic volience) The tenant wife kicked in the door upstairs to get to her husband with a gun and damaaged the jamb and door. The door the swat team broke into has to be replaced. The tenant wife ran into the garage door with car. The tenants never told us of the damages. We found out about everything from a neighbor. They leave trash outside and the place looks like a dump. They were told that they could only have two dogs and as of last week, three months later they still have all three dogs. We want them out because of the damages done. They signed a two year lease and damages were done after being there two months. Do we have grounds to evict tenants. I also found out that they have been hidding from creditors, after the female tenant was arrested two days later their boat was repossessed. They use a po box instead of getting mail delivered to the house. They are avoiding people. not sure what our rights are.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Does your lease state anything about it being a violation of the lease for the tenant to damage the property?

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Does the lease state only 2 dogs?

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Have you submitted a written demand for payment of the cost of any repairs or estimates for the repairs?

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If so, has the tenant refused to pay them?

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Are they current on the rent?

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thanks

Barrister

Customer: replied 1 year ago.
the lease states - lessee shall make no alterations to the building on the premises or construct any building or make other improvements on the premises without written consent of lessor. they broke the door and tried to repaired it without any consent or notification. also they tried to repair the front door that the dogs damaged and did a really bad job. the agreement about the dogs was verbal between all parties. They asked to pay rent once a week to make it easier on them but as of today they have not paid anything for the sept rent.
Customer: replied 1 year ago.
i have someone going to the house to give me an estimate on the front door. i was going to wait unit i get that estimate before giving them a bill on the damages done.
Expert:  barristerinky replied 1 year ago.

Ok, then that would be damages that would constitute a breach of the lease contract and you could give them a written 3 day notice and demand for payment for any repairs and then terminate and evict if they didn't pay for the cost of any repairs . (Colo. Rev. Stat. § 13-40-104(1)(e.5)(I)-(II)).

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The verbal agreement about the dogs would be hard to enforce without anything in writing (email, text, letter) that stated that it was only for 2 dogs.

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As for the rent, if they are late, you can give them a written 3 day notice to pay rent or vacate and then pursue an eviction in court if they don't pay.

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thanks

Barrister