Evicting a tenant for nonpayment

I admit I’ve been bad with our record keeping but I’ve made a serious effort from now on to keep better records. Anyways, I have a tenant who hasnt paid enough of his rent each month. It started about 2 months ago when he paid a portion of his rent. He decided to keep some money in escrow so we could fix some things in the house. I said ok and we fixed it the next day. He has yet to send us that money along with more money for the following months.

We screwed up by not asking for a downpayment and he in return would pay more towards his monthly rent to make up for the downpayment. He was fine the first two months but it went downhill after that. He owes us roughly $2000 and enough is enough. I havent been photocopying his checks when I go to deposit them, but I really dont know what else would be needed if I had to take him to court.

I had to evict someone else before and that went fine when he didnt show up for court. As for this guy, if I had to go to court, he may show up and then we’ll have to fight it. I mean, what is needed when I evict him based on non-payment of rent. He can’t possibly say he paid it, could he? I have bank statements showing what he paid us but not the exact checks.

Also, when we called him a week ago to ask where the rest of our money was, he stated he’s holding it cuz he wanted us to exterminate the place cuz all of a sudden it has cockroaches. Supposedly it came in from the next door neighbor. Mind you it’s not infested with roaches or anything, it’s probably just a couple. He’s playing too many games and I sent him a letter two days ago telling him he needs to leave within 10 days for not paying rent.

This is always such a fun topic. 90% of the time in court you do not have to prove that he did not pay the rent he has to prove that he did. That is how it is here in Colorado anyway. I have not had this problem for a long time now but when I did I always worked them out a great deal I would give them a three day notice to pay rent or quit along with that I would let them know that if they moved out in time and left the place clean I would give them $1,000.00. Of course when they called for the money I would always tell them I would take it out of the money they owed!