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I am a landlord with two tenants on a one year lease that…

I am a landlord...

I am a landlord with two tenants on a one year lease that terminates July 28, 2018. One of the tenants moved out around March 1 and returned to his home state of Florida with no intent to return. When I confronted him back In October about the smell of pot inside the house, this tenant verbally admitted that he was smoking pot on the premises. Smoking anywhere on the property is lease prohibited. I chose to not begin eviction for the lease violation at that time.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Colorado.

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not with authorities

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Answered in 2 minutes by:
3/14/2018
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,322
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good evening. Can you please share with me what your question is?

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Customer reply replied 4 months ago
I am a landlord that signed a lease with two tenants end of July 2017 in October I went to post a three day notice for late rent on the door the tenant answered and the smell of marijuana was very evident. Subsequently the tenant admitted to me he was smoking marijuana on the premises in violation of the lease. I chose not to proceed to eviction at that time. I did however Have both tenants sign a clause which acknowledge their understanding that no smoking applied to marijuana. Fast forward to March of this year. The tenant to verbally admitted to smoking marijuana has left the state With no intent to return. The remaining tenant is working hard to catch up on rent however I strongly suspect he is smoking spot pot also. Question number one
if I choose to terminate the lease for violations of the smoking clause how do I prove the use of marijuana as the reason for initiating evection?
Customer reply replied 4 months ago
No I do not want to call you at this time

It would be based on first-hand knowledge and seeing it, smelling it or evidence of it. Ifyou caught them and provided them a notice of the violation previously and they stopped, you would need evidence of it happening again, if you want to end the lease and evict.

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Customer reply replied 4 months ago
Is smelling the marijuana inside the property again sufficient evidence that smoking is happening? The remaining tenant says that the smell is due to lingering odors in the mattress Of the tenant now absent. However I can smell it in the room of the tenant who claims he is not smoking.

I do not believe that the smell would linger all the way back from October if it is still present. You could always bring in a third party with you to see if they smell it also and even go so far as offer to have the mattress cleaned, to get rid of it, so you can know for sure if the current tenant is smoking. If you do not see it but smell it and start the process, you would have to testify and convince a Judge of this over the objection of the tenant, if you want to prevail.

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Customer reply replied 4 months ago
OK let’s switch to the question regarding liability for rent on the lease. Both tenants are fully liable according to the lease.If the remaining tenant is not able to keep his rent current (and I suspect this will be the case) Am I required to allow him to find another roommate Even though the lease disallows subletting?

It would be at your discretion. The goal is to get the rent, so if he finds a qualified tenant, you may want to consider it. If he simply can not afford it and has to move out, you would then need to consider suing for any unpaid rent and going through the legal process. It is more of a hassle and if he can find someone who you are comfortable with, you can agree to it until the end of the lease and if the rent is paid and there are no issues, even considering offering a new lease.

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I wanted to follow up and see if there is anything else I can answer to clarify. I am here to help so please just let me know.
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Customer reply replied 4 months ago
In a month, I may end up needing to start the evection process for nonpayment of rent and also for marijuana smoking on the premises by the remaining tenant. I will follow the legal process, but can’t serve notice to the tenant that skipped out in the lease and left the area. So what do I do to show the court that he can’t be served?
Customer reply replied 4 months ago
Is my chance of squeezing blood out a turnip better if I have one turnip on the lease or two?

He can be served but you need to do it out of State. If the rent is not paid, that alone is a basis to evict and you may not even want to deal with the smoking issue unless you have evidence. You want to sue them both, since they are both likely liable under the lease and if you get a judgment against both, so after whoever has deeper pockets, for them to pay.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 4 months ago
please clarify how to serve notices ( 3 day, 10 day, etc. ) to a tenant who has moved to another state and left no forwarding address. The only contact info I have is email, a phone he won’t answer, an address of a former employer, and his father.
This tenant has twice responded to my emails but I don’t think I can serve a notice electronically and be in compliance.
What must I do to show the court I attempted to serve notices /and comply with legal process?

Great to hear back from you and I kindly just ask that you remember to rate my help at the top, so the site will provide me with the proper notice. The notice needs to be sent to the last known address and if it is the rental, that is where it needs to be sent and can be posted on the door and a photo can be taken, to evidence it. If you have made a good faith effort to email and call them and tet them and they fail to provide one, you have to sent and post it to the last known. As far as service, if you need to evict, they would need to be served out of State and the process server would run a skip trace to try and find them.

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