Month to Month Tenancies Deemed Valid Despite Issues with ERAP Applications
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Rent collection remains high despite eviction moratoriums
Multiple recent reports confirm that Department of Local Affairs ( DOLA ) staff and / or its contractor are questioning the validity of month to month leases submitted by applicants seeking rental assistance .
Residential leases commonly convert to month to month status after expiration of the initial term and are known as holdover tenancies . Although not necessarily required , lease language typically supports the existence of the continued tenancy on a month to month basis . The original terms of the lease remain in full force and effect except the original term is modified and becomes month to month instead of for a multi month term .
Colorado Supreme Court caselaw dating back to 1878 supports the existence of these month to month tenancies . Hurd v Whitsett , 4 Colo . 77 ( 1878 ). Month to month tenancies have been and continue to be viable and valid leaseholds in this state . The fact that an applicant presents a lease with an initial term date that has passed is not indicative that the tenancy is not valid .
98 %
Percentage of rent paid in Colorado March 2021
( as of 3 / 27 / 21 )
98.6 %
Percentage of rent paid in Colorado March 2020
( as of 3 / 27 / 21 )
Source : RealPage
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