My landlord is evicting with an unconditional notice to quit because he found out we were doing Airbnb; we honestly didn’t realize we were doing anything wrong we didn’t realize that Airbnb was subletting. As soon as he told us about his intention to evict we deactivated our Airbnb account and would never do it again! He said we don’t get the standard 3 days to cure because it was a substantial violation of the lease, but from what I understand substantial is usually illegal or dangerous activity.
If the landlord intends to evict he will have to go to court. If you file an answer the landlord will have to prove to the Court that this is a violation that cannot be cured. I think the landlord is on thin ice, but the decision will ultimately be up to the judge.
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The landlord's gambit will most likely fail. That, however, presumes that you will learn the law and prepare for the hearing.
As you noted, C.R.S. § 13-40-107.5(3), relates, generally, to criminal and otherwise dangerous activity. In these situations, the landlord has to give only a three-day written notice to quit without any right to cure. C.R.S. §§ 13-40-104(1)(d.5) and -107.5(4)(a).
Explain that you disagree with their assessment and try to work out a solution. If that goes nowhere, they will have to proceed with an eviction summons and complaint and you must timely answer and pay the fee and then prepare and appear at the hearing.
For this claim to succeed, the landlord has the burden of proving the occurrence of a substantial violation by a preponderance of the evidence. C.R.S. § 13-40-107.5(5)(a). That seems doubtful unless Parker has some law directly on point that would make an unauthorized Airbnb rental fall under as a substantial violation. I can't imagine that is the case but this is yet another thing you will have to determine.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
Air BNB is not likely a substantial violation.
However, does your landlord owe you a right of cure? This will be dependant upon your type of lease.
You should prepare to defend yourself in an eviction trial. If you cannot hire an attorney to defend you then you should at least hire an attorney to review the case and help you prepare to defend yourself.
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