How far in advance do I collect first month's rent? Double collecting rent in CO?

[anson34]

I have a home in CO. Our current tenants are moving out. Their lease ends Sept 30, but they are physically leaving Sept 15. I have already found a new tenant, and I have a couple of questions:

1. When do I collect deposit and first month's rent from new tenants if they are moving in Oct 1st? I want to collect it all now with lease signing, but property manager is saying she usually collects deposit now, and first month's rent when they move in on Oct 1st. I am worried about them changing their mind and not moving in. How far in advance of move in date should I collect first month's rent?

2. If new tenants want to move in before Oct 1, can I let them move in Sept 20? Would I have to reimburse old tenants for those 10 days, or do I not have to because old tenants moving out early is their choice? I don't want to double collect if I'm not allowed to, but I don't know the law for Colorado. My lease states that for occupancy purposes, one day constitutes a full month's rental. And my lease is a lease for term (it was a specific 3 month rental). My new tenants pay a higher rent, but after deducting property management fees, I actually get less than old tenants paid.

Please help (and I would appreciate people who are sure they know CO law)

[regenweald]

Listen to your property manager, they know the law and proper manner of doing business,plus their contract likely assumes liability regarding Colorado real estate laws. Double dipping is illegal in every state. If the old tenants paid through the end of September, you can't collect rent from the new tenants in September, but you can if you prorated the old tenants rent. Rent is always collected prior to taking occupancy, usually on the same day possession is delivered to the tenant.

[sherborne16]

You cannot double dip and collect rent from two different parties on the same unit. You would have to give back the prorated rent to the old tenants for the 5 or 10 days that the new tenants moved in.

[garwyli91]

You cannot double dip and collect rent from two different parties on the same unit. You would have to give back the prorated rent to the old tenants for the 5 or 10 days that the new tenants moved in.

rent is due on the first of each month...you can not collect it before then. if you are worried they will change their mind then why are you agreeing to rent to them?