Legal Question in Real Estate Law in Colorado

Tenant Breaking Lease

A new tenant signed our lease (6 months) and provided first month's rent and damage deposit. Has not yet moved in and now wants out of the lease. What are we legally required to do.


Asked on 1/13/07, 7:01 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

Re: Tenant Breaking Lease

Morning,

Generally, you should review the lease terms on attorney fees and termination, get a written notice from them or other written confirmation that they are breaching the lease, try to re-let the property, determine what amount of money you are allowed as damages and provide notice regarding the security deposit and the damages, among other steps.

As for them wanting out of the lease, once they signed the lease they are bound by the terms unless you agree otherwise or a court determines that they had a legal basis to unilaterally end the lease. Just because they did not move in is irrelevant. It is their unit during the lease term and they must pay according to the terms.

Talk to a real estate attorney to make sure all the steps are done appropriately. Good luck.

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Answered on 1/14/07, 3:48 pm


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