Fort Collins, CO asked in Contracts, Animal / Dog Law and Landlord - Tenant for Colorado

Q: Landlord's dog attacks tentant's dog and gives tenant a month to find another home and verbally breaks lease. Illegal?

Curious if landlord would pay for moving costs and rent of new home for the duration of the original lease.

2 Lawyer Answers
Kristina M. Bergsten
Kristina M. Bergsten
PREMIUM
Answered
  • Animal & Dog Law Lawyer
  • Media, PA
  • Licensed in Colorado

A: It depends on what kind of lease you currently half. If you signed a lease for 12 months and your landlord is now trying to verbally throw you out, he/she cannot do that. He/she would have to start eviction proceedings against you to have you evicted. He/she would have to give you notice in writing that he/she is starting eviction proceedings. Without more details, it is a little difficult to fully advise you, so it would be in your best interest to speak to an attorney to go over your options.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: To add a few points:

1. oral statements do NOT qualify as valid notice.

2. Early termination of a written lease can only occur via: (a) mutual consent of both the landlord AND tenant or (b) eviction.

3. ALL evictions require court approval - which means that the landlord must show cause (typically in the form of serious violation(s) of a lease agreement, such as significant damage to the property or long-term non-payment of rent) for a court to authorize an eviction.

4. Failure by the landlord to evict with proper notice and court authorization invalidates the "eviction" and creates a separate cause of action that the tenant can pursue against the landlord.

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