Legal Question in Real Estate Law in Colorado

Landlord/Tenant Issue

The lease on my property has ended, but I have not yet had a new lease signed, so my tenant and I agreed to go on a month-to-month lease verbally until I get the lease written up and sent. (I am in CA and the property is in CO.) The problem is, my tenant is almost 30 days late on his rent, but he swears he sent me the check twice. IF the tenant does not pay his rent within 30 days, is there any legal force that can force him to pay without a current written lease agreement? Is there any kind of default law covering a gap in a lease term to protect the landlord? I would appreciate anyone's help on this that may have experience or knowledge of the subject. (I am currently drawing up the lease agreement now and should have it signed by the tenant in a few days, as long as he hasn't jumped ship). Thank you!


Asked on 5/30/07, 1:57 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Landlord/Tenant Issue

I do not know anything about Colorado law, but in California a verbal agreement to rent property is as binding as a written agreement and both are treated the same [except it is much easier to prove what a written agreement says]. Tell the tenant to check with his bank as to the status of the two checks and to send to you whatever proof he has that they were in fact issued by him [a copy of his check register, note to the bank to cancel the check, letter from him giving you permission to find out from his bank the status of the two checks he claimed to have written to see if those numbers written for a different purpose, etc.]. Be sure in the new lease that you have provisions for late payment fees if check received by you after certain dates.

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Answered on 5/30/07, 3:27 pm
Daniel Harrison Berger Harrison, APC

Re: Landlord/Tenant Issue

You should repost this question seeking CO law. We can only tell you what CA law provides with respect to your set of facts. However, if you have any CA questions, feel free to call or email.

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Answered on 5/31/07, 12:32 am


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