If I have a tenant with an expired lease that refuses to pay for damages, can I still hold her responsible?

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If I have a tenant with an expired lease that refuses to pay for damages, can I still hold her responsible?

I have had a renter in our property for the last 4 years. She is now moving out and the place is trashed. She is refusing to pay last month’s rent or damages. I have a lease signed for her first 3 years but neglected to have on signed for this last year.

Asked on November 5, 2012 under Real Estate Law, Colorado

Answers:

Richard Bryans / The Bryans Law Office

Answered 8 years ago | Contributor

Upon expiration of the most recent lease, she probably became a month to month tenant.  The terms of that lease are controlling.  Legally, she may be liable for all damages.  However, even if a court awards you a money judgment, the real question will become, "Is it collectible?"


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