State Specific Question About: COLORADO (CO)

Finally decided to only go month to month on all my leases. Had an eviction and the tenants decided to show up to court. Pretty much they were a pain since they moved in. The only were with me for 4 months.. Rent is due on the first with no grace period... I ended up serving them on the 2nd with a 3 day notice.. Of course they didn't pay.. Called me and offered excuse after excuse.. I proceeded with my UD..

I told the judge the reason for eviction was that they didn't pay me rent so I served them and filed for eviction right away.. They told the judge yes they were late but were willing to pay me around the 12th (rent due on the 1st) which was way after their last day to pay per the notice.

Judge could not understand why I wanted to evict them just because they were three days late.. He told me that if I want to do this I need to have them on a month to month.. I couldn't believe it neither could the attorney.. I did everything I was suppose to yet still he would not grant a UD right away.. He ended up giving them 5 additional days to come current with the rent or a UD would be issued.. Didn't make sense to me.. They were almost 35 days late and he is giving them 5 more days to pay!?!?!

I have decided to go month to month. Not only for this reason but if I have a tenant who is being a pain in the ass I will give them a 30 day. I don't need to put up with them

especially if they are early in their lease.

Terry's posts on month to month leases have also helped me to change my mind.. I'm now only offering month to month leases.. There is so much flexibility with month to month I just could not pass it up! The downfall is that they could move when the want but oh well.. From seeing other posts from landlords who do month to month only this doesn't happen too much.

Hope this helps!

BTW thanks TERRY!!

I HAVE MONTH TO MONTH AND THEY DID NOT PAY FOR 2MONTHS I JUST NOW SENT 3 DAYS NOTICE,

You "judge" was FLAT WRONG.. Was this a Judge, or a commissioner or judge pro-tem?

Sean

Don, if they're late with rent and get away with it, they'll just keep getting later and owe you more. Interest free loan that may not get repaid. Begin eviction right away.

JD, why does your post say COLORADO?

If this was in CA, what court in particular?

Well at least I (and this helped) converted you to MTM LOL!

I would advise to leave your options open. Month-to-Month works much better if you're renting apartments, in my opinion.

Ooopps.. Yea this is for CA.. LOL.. The judge was wrong.. I'm renting single family homes only. I now tell them that they are welcome to stay as long as they want as long as they abide by the lease terms... Just did my first month to month on a single family. Tenant actually liked the idea..

We will see how it goes.

Terry will email you the court if you are interested, let me know.

I'm now part of the dark side, month to month only! HA!

What Sean said. What court? If it was Long Beach I can tell you they are wanna be judges or judges with training wheels. IMO the sure way to win is to have all your documentation backup in perfect concise order. The eviction lawyer you use should be one of a elite group that has their face in the arena every court day for months at a time. The judges and the

training wheel judges are use to working with them.

It's a routine. Any rough spots have been argued and settled long ago.

Sounds like you got a fresh meat training wheel judge and your lawyer isn't one that is in this court a lot?

Can he file a complaint? Can his lawyer? I know it won't do any good for him at this point. Sure don't want this judge in the power seat.

Don you don't have time for court? But you have plenty of time for them to get free rent. Wonderful business plan. ...blink .... blink...

Sure pay them to leave. When they don't what are you going to do?

JD don't worry about those applicants who ask for a lease. In 11 years it's never been a issue. What I see is that those who rent my 3 bed 2 bath house from me regarding leases. Is that they are use to leases. They haven't thought about M2M much before.

On a average my tenants stay 6 years or more.

With those kind of numbers I can say confidently that M2M rental agreements have no negative effects at all on my business.

The non-presence of renewal offers I feel is big plus. They just stay and stay and stay.

.....ChawChing......

My aunt has atarted doing MTM and putting "Minimum Six Month rental." in the Application.

Josh,

Do you use MTM with single family or apartments?

WELL I HAVEN'T NOR WILL I EVER OFFER PAY

TO THEM TO LEAVE,THINK OF IT.GO ONCE MORE I

WAS FEELING LOW BECAUSE I WORN FROM 6 YEARS

OF IT SO.POOF NEW TO U D I WILL GO FORWARD,

JD yes I only use M2M for 11 years for BOTH apartment rentals AND sfh. I have one sfh with 3 bedrooms and 2 baths. On my picture pages.

Pics are named Hath.

It's on the same property that has a separtate building that has 3 .... 2 bedroom apartments.

It is a stand alone SFH with fenced in yard on the back and the side. Rent is $2,100 a month.

The current tenants are wonderful. Been there 2 years. Rent is always paid a week or more early.

Keep the place up beautiful. Yes they have a sm/medium dog and a cat. No issues at all just miles of smiles. ;)

JD, if you dig deep enough, I bet you will find this is not the 1st dance for these folks. I'm sure you know that I favor term leases, however, what far too many people miss is there is no silver bullet for every property or every tenant.

Renting a property to an applicant is exactly like extending them credit....for in most cases, a huge asset. Lenders charge higher rates for lending to borrowers with bad credit. In our case, extending credit (our properties) comes in the form of lease terms.

Most of my leases are annual leases. But a couple are MTM. The reason being when I filled them, the prettiest puppy in the litter was borderline ugly (credit wise of coarse). We can always get bit by any term of any lease out there. MTM is not a slam dunk either if you don't do you due diligence in tenant investigations.

JD...they must have filed an answer in order for you to have to actually GO TO court...what was their "answer"? If they did not file one within the allowed five days, your eviction attorney should have gone for default judgment for possession.

I am in LA county.. They filed everything in their answer possible.. From saying the property was in poor inhabitable condition to I refused money and filed in retaliation. All are incorrect..

Only do MTM 8 SFH some going on four and five years.

One moved out last Thursday after 42 months,bought a house.

Rented again on Monday, moving in on next Tuesday.

those who state "they will leave anyway" are just perpetuating a self fulfilling prophecy.

I extend credit, as David described, and I rent to qualified persons, and so do so on annual agreements. I really don't worry about anyone leaving.

must be the screening ......??