Legal Question in Business Law in Colorado

Tenant skips out on lease, how long are they liable?

I am a landlord and I have a tenant question.

Tenant A signs a 12-month lease for $500. Three months later Tenant A moves out without Landlord permission to break the lease. Three months pass. Landlord agrees to lease to Tenant B but with market slow Tenant B is only willing to pay $475/month on a month-to-month lease. This is the best tenant the Landlord has found in the three-month period.

What are the obligations of Tenant A for paying the remainder of the term of the lease? Should Tenant B Sublet from Tenant B? When should Tenant A pay for their obligation for the lease? Is Tenant A also obligated to pay for the difference between their rent and the current rent ($25.00/mo.)?

Where can the landlord find this type of information on his own. He has read the Colorado Revised Statutes on Landlord/Tenant Law, has numerous books on the subject including �Colorado Evictions� but can�t seem to find this answer or a good overview of these types of sticky situations.

Thank you.


Asked on 12/20/02, 2:06 am

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Tenant skips out on lease, how long are they liable?

Sice the tenant has already vacated the premises, your only remedy is to sue him for the amounts you believe he owes - 3 months rent and $25 per month for the balance. If this is less than $5,000, you can file the action in small claims court. If you are holding a security deposit, that must be factored in also.

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Answered on 12/20/02, 12:16 pm


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