If my tenant is late on her rent, how may days doI have to wait before giving her something that says I intend to evict?

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If my tenant is late on her rent, how may days doI have to wait before giving her something that says I intend to evict?

My tenant has not paid her rent this month. I have left 2 voice messages and sent a text and an email. I have yet to hear back from her. I need to know it there is a certain number of days I need to wait before giving her an official notice that rent is in default letting her know that I intend to start eviction proceedings if rent is not paid within 7 days. I would like to give her notice by the end of the day tomorrow but I would first like to make sure that this would not fall under harassment, etc.

Asked on December 14, 2011 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, read your written lease with your tenant in that it controls the obligations owed to you by the tenant and vice versa in the absence of conflicting state law. If there is a late provision in the written lease that you have with your tenant, you need to honor its terms before you give the tenant a 3 day notice to pay or quit.

I would let the time period expire for any gratis period and then send the tenant a 3 day notice to pay or quit. Perhaps you might consult with a landlord tenant attorney to assist you in this endeavor.


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