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Owner of 3 bedroom condo fort Collins. Female and male tenants dispute this weekend resulted in text and notes sent by male that were rude, foul, threatening. Both state that he said/she said harassed each other. Female wants to move out now break lease. (she was already planning to leave and is using this as her way out) Male has a drinking problem and his behavior was unpredictable with text at 2-3 am & 6-7 am obsessive behavior. Female states her reason to leave now either she goes or he goes. She never contacted police, continued to communicate with male via text and verbal. Question 1) How to prevent owner from being liable - harmful situation for female. 2) male is a liability with behavior and may not have rent for the month. Do I a Notice to Quit for Substantial Violation; verbal abuse.? What is the best way to handle this situation and prevent having a vacant property.?
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I suggest consulting an expert attorney in landlord tenant law directly. BUT, a victim of domestic violence can terminate a lease if done due to a domestic violence situation. CRS 38-12-402.. A landlord’s ability to evict a person can be impacted if the tenant is a victim of domestic violence. CRS 13-40-107.5(c)(I).
Seems like you may have to allow the female to break the lease. Seems to me that if the male cannot pay the rent on his own, you can evict him based on that once he cannot pay. If the lease allows an eviction for "verbal abuse" (I'd be surprised if it does) and you are comfortable it actually occured, then maybe you can evict for that. It will depend on the language of the lease.
I don't know how you "prevent having a vacant property" as it likely will be vacant until you can re-rent it.
Answered on Oct 27th, 2017 at 7:49 AM