Wellington, CO asked in Landlord - Tenant for Colorado

Q: If I pay all back rent, current rent, and fees before my scheduled court date is the case still active?

I was working with a rental assistance agency in July to get help with July’s rent. I finally got approved, but in that time my property management company sent the case to court. I filed my answer 8/7 and paid my current months rent, my back rent, and all legal fees outlined in the notice on 8/9. I got a letter today stating my case is scheduled for trial on 8/18. Since I am current ion everything can I still be evicted? Also will they cancel the trial if I am current on everything? I am not being evictived for any other reason than past due rent.

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1 Lawyer Answer
Michael Joseph Larranaga
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  • Landlord Tenant Lawyer
  • Parker, CO
  • Licensed in Colorado

A: Unfortunately, it is impossible to know without knowing the basis of the eviction and the specific facts. If you are being evicted for breaking the law, paying back rent may not be the ticket. It all depends on the reasons.

I would look into Colorado Revised Statutes for forcible detainer proceedings to start. It is in Title 13. If the eviction is solely for non-payment of rent and late fees there are provisions that address what happens if you pay the rent before an order of removal is entered. Either way, you need to show up to your court date and tell the judge what has happened to avoid a default judgment.

You probably do not have money for an attorney if you were applying for rental assistance. But, do your best to educate yourself on the forcible detainer and late fee laws here in Colorado. Make honest factual law-based arguments and you may have a chance. Cite your authority to the judge. Good luck.

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