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3-day notice to quit or pay rent, he quit

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LL3205

Junior Member
What is the name of your state (only U.S. law)? Colorado

Hi

My tenant pulled a fast one on me. He had a move-out date on a month-to-month tenancy scheduled for the end of last month. When his final rent was due, he tried to short-pay it, claiming he was "charging me" for causing his car to get dirty (long story) and also deducted his entire security deposit. I returned the check and gave him a three-day notice to quit or pay rent. He than "quit." (completely vacated the unit, 3 full weeks ahead of the scheduled move-out date)

I have late-fee language and early move-out charges written into the contract and it clearly states he must give 60 day notice before he moves-out.

Anything I can do to recover damages? Can I recover the remainder of the last months rent? Do I have to now sue him in small claims court to get a judgment?

ThanksWhat is the name of your state (only U.S. law)?
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? Colorado

Hi

My tenant pulled a fast one on me. He had a move-out date on a month-to-month tenancy scheduled for the end of last month. When his final rent was due, he tried to short-pay it, claiming he was "charging me" for causing his car to get dirty (long story) and also deducted his entire security deposit. I returned the check and gave him a three-day notice to quit or pay rent. He than "quit." (completely vacated the unit, 3 full weeks ahead of the scheduled move-out date)

I have late-fee language and early move-out charges written into the contract and it clearly states he must give 60 day notice before he moves-out.
Anything I can do to recover damages?
His deposit, if you know where he is you can demand whatever other damages above the security deposit in bill form (retain proof) And or Sue him.

Can I recover the remainder of the last months rent?
Sue him.

Do I have to now sue him in small claims court to get a judgment?
Yes, and withold from the deposit. Do it right , right off.
 

atomizer

Senior Member
Have him served at work. Deadbeats love it when you embarrass them in public and in front of their peers.
 

LL3205

Junior Member
Thanks for the serving him at work idea. I'd like to throw the book at him. Does anyone know what a judge would award in Colorado? I'm thinkng:

-Full Rent through end of Move-out date
-Maximum Late Fees
-Early Move-out fee
-Cleaning / Repair Bills

It's about $5000 total. If he would have paid through the end of his lease and left the unit clean, without breaking the lease, he would have only ended up paying about $2000.
 

atomizer

Senior Member
You are going to have to mitigate your damages before you can recover lost rent. Start advertising and if you can't find a tenant you can sue for loss rent.
Have a friend store the washer in his home and bill you on a monthly basis.
If CO landlord tenant act does not allow for recovering the hours spent on cleaning, then have a friend or local hospital cleaning people clean and bill you. But, you should first look up your state landlord tenant act before you proceed with any action.
 

Gail in Georgia

Senior Member
You state you had a month to month tenancy with your tenant. Why then, do you assume that he must provide you with a 60 day notice to terminate this lease?

Colorado Termination of Lease for Periodic Tenancy Law - Lease - Landlord Tenant

You are the one who initiated the termination of the lease by providing the 3 day Pay or Quit notice. He chose to "quit" instead of paying. Again, why do you believe you can now charge him for an early move-out fee when you yourself presented him with this option?

You can use his security deposit for this last month of rent. If there are any damages above normal wear and tear to the unit, he can be sued for this.

Please review the landlord/tenant laws in Colorado before you think you can actually sue him for $5000.

Gail
 

Gail in Georgia

Senior Member
Look; you can add a stipulation to the lease that in order to move out early, he must tie jingle bells to his privates and dance around the room....this doesn't make it legal.

Whatever you put in a contract (even if signed by both parties) cannot go against what state law allows. That's why the suggestion to familiarize yourself with the landlord/tenant law in your state (especially in light of dealing with month to month tenancy).

Gail
 

LL3205

Junior Member
Thanks for the insight Gail. That is very helpful and informative. I've scoured the internet and unfortunately I can find nothing telling me what the landlord/tenant laws in Colorado say about:

- Whether a judge would award me late fees
- Whether a judge would say the tenant has to pay to the end of the original move-out date, and not just the date of the 3-day notice.
- Whether a judge would award "early move-out" fees.

I copied the lease agreement from a large, professionally managed apartment complex and so it clevery states that the $2000 "early move-out fee" is...

"...not a cancellation fee or buyout fee, it's an agreed-to liquidated amount covering my damages..." etc etc. and has to be paid if he "....moves out at my demand because of his default."

I would assume that a professionally managed apartment complex would have it covered.
 

Banned_Princess

Senior Member
Thanks for the insight Gail. That is very helpful and informative. I've scoured the internet and unfortunately I can find nothing telling me what the landlord/tenant laws in Colorado say about:

- Whether a judge would award me late fees
If they are in the lease.

- Whether a judge would say the tenant has to pay to the end of the original move-out date, and not just the date of the 3-day notice.
Most likely not. you asked him tp pay or move, and he moved. and he did it by the end of the notice you gave to pay or move out.

- Whether a judge would award "early move-out" fees.
Unlikely, but you are welcome to try.


I copied the lease agreement from a large, professionally managed apartment complex and so it clevery states that the $2000 "early move-out fee" is...

"...not a cancellation fee or buyout fee, it's an agreed-to liquidated amount covering my damages..." etc etc. and has to be paid if he "....moves out at my demand because of his default."

I would assume that a professionally managed apartment complex would have it covered.
I guess you are about to find out.

Plus you are required to mitigate your damages, and by having that clause, kinda lets you out of that requirement, and if you do get someone to rent it right away, you have to give alot of that 2k back.
 

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