How does a landlord begin proceedings to collect unpaid rent and other fees whena tenantmoved out prior to end of lease?

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How does a landlord begin proceedings to collect unpaid rent and other fees whena tenantmoved out prior to end of lease?

Tenant moved out prior to end of lease owing several months rent, late fees, etc. and after we tried working with them for months. They have not responded to collection letters or offers for payment arrangements. Also, property is in another county (about 2 hours away) can we filed or a judgment in our county or does it have to be where the property is? Do I have to have an attorney? In Fort Collins, CO.

Asked on March 3, 2011 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would consult with an attorney in the area in which the property is held because what you may need to do is file an eviction proceeding against them and include the back rent owed.  That is the proper procedure and you should have it brought in the court in the county in which the property is held.  You are going to have to serve the tenants, etc., and if their last known address is the premises then it is best to have someone familiar and "a regular" in the landlord tenant courts there.  You can not enter a judgement until the court gives you one.  Good luck to you.


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