Q&A > Question

Your Legal Questions Answered

question iconIf a landlord accepts partial rent payment in Colorado before the judge signs off on the eviction, isn’t it supposed to stop the eviction?
answer icon

When a landlord accepts partial rent payments from a tenant who is facing eviction, it can be seen as an acknowledgment of the tenant’s attempt to remedy the default. This acceptance of rent may imply that the landlord is willing to give the tenant more time to pay the remaining balance, potentially affecting the eviction process. "By accepting rent with knowledge of a violation of the lease, a landlord waives its right to terminate the lease." Zeke Coffee v. V., 2010 Colo. Dist. LEXIS 1976.

I would point out that this does not "stop" the eviction by itself. Instead it is an argument that you need to raise as a defense of the eviction in the court proceeding.


The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
small picture of attorney bill henry
Bill Henry
Landlord-TenantJul 25, 2024
Still can’t find what you’re looking
for? Ask a laywer
Start your Case Assesment
Find out your legal options.
DisclaimerThe response posted is based upon the information made available and is not intended as a full and complete response to the question. The only manner to obtain complete and adequate legal advice is to consult with an attorney. No Q&A posting or other communication will be treated as confidential from this website and does not create an attorney-client relationship.
© Copyright 2024, Robinson & Henry, P.C.