If I owe a significant amount of money to the landlord, can he kick me out in 3 days?
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If I owe a significant amount of money to the landlord, can he kick me out in 3 days?
Wondering what my options are? Does the landlord need to give me something in writing? Do I legally have some time or can he just come in and lock the doors on me? I run a small business in that space.
Asked on September 30, 2011 under Real Estate Law, Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your lease with your landlord is a commercial lease, you need to carefully read it (assuming you have written lease) in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.
In most instances in residential real estate that is rented the landlord gives a thirty (30) day notice to terminate the lease for a violation of it by the tenant. In other instances if the landlord wants the tenant to possibly stay where rent is in arrears, a three (3) day notice to pay or quit is given. If the rent is not paid within this time period, the landlord usually brings an unlawful detainer action.
In your situation, you have a commercial lease. Possibly the notice requirements may be different under the written lease if you have one. Most likely the landlord would be required to serve you with a three (3) day notice to pay or quit (or thirty [30] day notice to terminate the lease) before anyhting is really done to have you move out. The landlord cannot just come in and lock the doors on your business.
Your options are to work out some repayment plan with your landlord so you can stay in your leased area if that is your desire.
Good luck.
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