Castle Rock, CO asked in Landlord - Tenant and Real Estate Law for Colorado

Q: CO Landlord: Will give 21-day notice to quit for a month to month lease. What happens if tenant doesn't move out?

Can we get a Writ of Restitution or do we have to do a 3-day notice & do a regular eviction if tenant doesn't move? If they don't pay rent on due date we can do an eviction anyway plus we have other breaches of lease. We want our unit back to sell it. We preferred the 21-day notice to quit because it seemed to be much quicker and easier except we'd need to wait an extra 18 days before starting eviction-unless it goes directly to the Writ of Restitution. Tenant is reporting needed repairs but has run off numerous repairmen. Last one she threatened to sue them if they reported the diagnosis to us! Please let us know best and fastest way to proceed: 1. The 21-day notice to quit or 2. The usual eviction process with 3 day notice to tenant if they haven't paid rent.

1 Lawyer Answer

A: If the tenant does not comply you'll need to file an eviction action with the Court in order to get a Writ issued by the Court. We'll be happy to help you if you are unfamiliar with the legal process.

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