Early termination
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Early termination (by AJHC [CO]) Nov 30, 2008 11:33 PM
       Early termination (by Virden [OH]) Dec 1, 2008 10:33 AM
       Early termination (by AJHC [CO]) Dec 1, 2008 11:40 AM

Early termination (by AJHC [CO]) Posted on: Nov 30, 2008 11:33 PM

State Specific Question About: COLORADO (CO)

Saga continues...Thank you for your patience and any help you can offer.

Tenant gave notice 4 months into year lease, no reason:

So I went to the house and handed him the letter, in more assertive language, that I'd been trying to give to him and his "old" GF, who'd previously moved out without notice. Along with the letter was an Agreement to Cancel Lease form. The letter basically said he can move out, but he's in violation and recommend he sign the agreement (modeled after Mr.LL form), and that, without a Cancel Agreement, he's still under the lease, paying rent and utilities and other obligations until I find a qualified tenant. THEN I finally find out why he's moving--says I'M in violation! Said his ex-girlfriend drove by on the day I said I'd be working outside on window trim, replacing it after house was painted(2 days before he sent me vacate notice and long after she'd moved), and she saw me coming out of the house with a handsaw. Of course, she's mistaken--I didn't enter; I was on the porch, working on installing the exterior trim, door closed. Her word against mine. He's refusing to pay Dec. rent, is taking utilities out of his name and refuses to sign the buy-out(a $500 fee).

1) Does he have to file/win suit against me to be able to withhold rent and cancel the lease for alleged LL violation? (Says his lawyer advised him...hmmm: 'Just move out and quit paying'?)

2) Will I have to file suit against him for rent and utilities? (If I get a renter soon, enough deposit can be applied.) Can I also collect late fees per the lease terms ($25 + $5/day) for as long as he withholds rent? I'm documenting costs to rerent.

3) What kind of notice is given in this situation? (He's moved but I still don't have ex-GF's keys or signature on notice to vacate; he wrote both names and signed alone.)

4) What are timelines I need to follow? Aren't they under the lease terms until I rerent, whether they live there or not? Their lease tenancy actually ends when another renter moves in, right, not when they move out? THEN the 60-day deposit return period begins? Or do I have to deal with the deposit within 60 days from TODAY? --207.200.xxx.x

Early termination (by Virden [OH]) Posted on: Dec 1, 2008 10:33 AM

Didn't you say you smelled gas when you were there touching up the trim? --76.241.xxx.xxx

Early termination (by AJHC [CO]) Posted on: Dec 1, 2008 11:40 AM

That's great! Changed my whole perspective! Thank you, Virden. No, I was actually shocked and defensive because of the false accusation regarding entry, something I'm extremely cautious about. Duh. He needed a reason to avoid rent payment and illegal entry by landlord is the best one! Funny...new girlfriend has her own house and I think he might be moving there; guess he couldn't wait until June, huh? Now that I have that figured out, is it worth my time to try to collect? And when do I begin: after it's rerented, which would be the end of his tenancy? Rental pool is very skimpy right now. --207.200.xxx.xx

Subject: RE: Early termination
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Early termination
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