problem is, smoking pot in unit, have more than 5 ppl living in sm 2 bdrm apartment 1 bath, as have no idea where they work or zero, recently acquired the prop mgmt want to raise the rent from 1000 to 1300. prepared a letter to send: giving over 30 days notice, rent will increase, must sign a lease & complete application , in lease states no smoking so i can enforce or evict.. concerend if all i do is legal, need to know how many can occupy legally in colorado and if my letter is ok to send. please help can't find any info on this
Donald Corky EbyReal Estate AttorneyCastle Rock, CO ·
If your question is can you evict the tenants for lease violations, the answer is yes. But, you must provide proper notice and opportunity to cure before initiating the judicial eviction process.
If you are unfamiliar with the eviction process I recommend that you consider hiring an attorney to help you, most attorneys will do this for you on a low flat fee basis.
Good Luck!
I agree with Mr. Eby regarding an eviction if the tenant is in default. If your question revolves around what legal effect your 30-day letter will have when you send it to the tenant, then you should review that letter with your attorney, along with the method you plan to use in delivering it to (or serving it on) your tenant. There are statutes that govern how many days' advance notice you must give in order to terminate a month-to-month tenancy where no written lease governs, and also how that notice may be served on the tenant in order to be an effective notice to quit. Best of luck!
There's a bit of an inconsistency in your question- one part says there's no lease, another parts says there are lease terms. In any event, even if there is no written document, you can still forcibly remove the occupants in your property, but you need to follow the proper procedure as Mr. Eby was explaining by giving the appropriate notice first before filing in court If you need help, contact a local attorney to assist. Good Luck!
