Legal Question in Landlord & Tenant Law in Colorado

I have 2 roommates signed a lease stating that we are jointly and severably liable for the lease. It also states in the lease how much each of us is responsible to pay each month. Even though we had verbal agreements that nobody would leave the lease early, one roommate has given 30 days notice that she will no longer pay rent after this month (April). She would like us to just find a replacement roommate, but I have joint custody of my 14 year old son and not in a position to just take anyone in just because they can pay (which the deserting roommate knew). We offered her a settlement amount less than the full amount of the rent remaining on the lease, or she could continue to pay each month until we find a suitable replacement, or we could go to small claims court. My question is whether or not a judge will support us in requiring her to fulfill her financial and contractual responsibility to the lease she signed. And if not, do we have any further recourse in this matter?


Asked on 4/18/16, 4:02 pm

1 Answer from Attorneys
Stephen Harkess Colorado Legal Solutions

You do not have an obligation to accept tenants just because of their income, but you do have a legal obligation to use reasonable efforts to replace her before you can charge her rent and you cannot unreasonably reject a replacement tenant. If you show the Court that you have done everything reasonable to replace her and have been unable to do so, then you should be successful in obtaining a judgment for the remaining rent until you do find a replacement.

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Answered on 4/18/16, 6:25 pm


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