Landlord-Tenant Agreement

• The landlord-tenant agreement is a contract. Colorado law requires written lease agreements for all rentals lasting more than 30 days. The lease should explain the relevant rights and obligations between the landlord and tenant. With regard to rent, the lease should include details such as the exact amount due, the due date for rent, the process for paying rent and the effect of not paying rent.
  
  

Statute of Limitations

• If a tenant fails to pay you rent, you can initiate legal proceedings to evict the tenant, reclaim possession of the property and seek to hold the tenant liable for the back rent owed. According to Tenant.net, the only way to recover back rent is pursuant to a court order; you may need to initiate collection proceedings against the tenant. Title 13, Article 80 of the Colorado Revised Statutes provides the statutes of limitation for actions in Colorado. Section 13-80-103.5 provides for a six-year statute of limitation for all actions for arrears of rent; there is also a six-year statute of limitation for debt collections involving written agreements.
  
  

Statute of Limitations

• The statute of limitation requires people to act on valid legal claims within a timely manner. The reasoning is that claims become stale over time. Evidence is lost, people's memories fade and people become harder to find. If a tenant in Colorado vacates the premises before his lease is up, the landlord has six years to bring an action against the tenant to collect on the debt owed pursuant to the written lease agreement.
  
  

Tolling and Potential Problems

• In some circumstances, the statute may be extended. For example, if the landlord is mentally incompetent and does not have a legal guardian acting on his behalf, the statute stalls until the landlord regains his competency. When the landlord regains his competency, CRS section 13-81-103 allows the landlord to bring the action within two years after his disability is removed if the statute has already run out. Potential problems may arise. The landlord must be able to find the tenant and personally serve him with the lawsuit documents. It may be difficult to find the tenant and it may be difficult to collect from the tenant, especially if she is unemployed or on government assistance. Because this matter involves legal principles, you should seek legal assistance before proceeding.