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30 day written notice question

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sudofdisk

Member
What is the name of your state (only U.S. law)? Colorado

The lease states:

If resident retains possession of the premises after expiration of the fixed lease term with the permission of
owner/agent, resident and owner/agent shall continue to be bound by the terms and conditions of this lease on a
month-to-month basis. The lease may then be terminated by either party giving 30 days written notice prior
to the end of the rental month (specify number of days -- must be at least 10).


Under these terms can a tenant give notice on the 15th of September that they intend to move out the 15th of October and only pay for half of October?
 


Stephen1

Member
I'm assuming you are now on a month-to-month arrangement (because if not then you must remain until the end of the fixed term lease).

Now in regard when to give notice, it ties to the question: "What is your rental month?"

- If your rental month is from the 1st of the month through the end of the month then your proposed notice on the 15th of September would end your tenancy at the end of October and you would owe for all of October. Alternately you could give notice at the end of September with the same result.

- If your rental month is from the 16th through the 15th of the next month then notice on the 15th of September would be adequate for ending your tenancy on 15 October. But then that raises the question, why would you be paying only half a month's rent? You should be paying the full month's rent on the 16th of September for that rental month (that runs through the 15th of October).
 

latigo

Senior Member
I'm assuming you are now on a month-to-month arrangement (because if not then you must remain until the end of the fixed term lease).

Now in regard when to give notice, it ties to the question: "What is your rental month?"

- If your rental month is from the 1st of the month through the end of the month then your proposed notice on the 15th of September would end your tenancy at the end of October and you would owe for all of October. Alternately you could give notice at the end of September with the same result.

- If your rental month is from the 16th through the 15th of the next month then notice on the 15th of September would be adequate for ending your tenancy on 15 October. But then that raises the question, why would you be paying only half a month's rent? You should be paying the full month's rent on the 16th of September for that rental month (that runs through the 15th of October).
Can you cite a specific provision in the C.R.S. that requires what you have described? That is, that the tenant must give a notice to terminate 30 days in advance of the rental period.

In looking at the statutes from the Colorado General Assembly's Official Website" I can't find anything on the subject.Yet there is an unofficial source saying that either party my terminate upon as little as 7 days notice. Another says, 30 days but doesn't tie it to a rental period.
 

sudofdisk

Member
I'm assuming you are now on a month-to-month arrangement (because if not then you must remain until the end of the fixed term lease).

Now in regard when to give notice, it ties to the question: "What is your rental month?"

- If your rental month is from the 1st of the month through the end of the month then your proposed notice on the 15th of September would end your tenancy at the end of October and you would owe for all of October. Alternately you could give notice at the end of September with the same result.

- If your rental month is from the 16th through the 15th of the next month then notice on the 15th of September would be adequate for ending your tenancy on 15 October. But then that raises the question, why would you be paying only half a month's rent? You should be paying the full month's rent on the 16th of September for that rental month (that runs through the 15th of October).
Your assumption is correct, the tenant has fulfilled the original year commitment, they are now month to month.


The rental month is the first of the month until the end. So given the wording of the lease the tenant (I am the LL) can not give me 30 days notice in the middle of the month and move out the following 15th not having paid for that whole calendar month?
 

Stephen1

Member
Can you cite a specific provision in the C.R.S. that requires what you have described? That is, that the tenant must give a notice to terminate 30 days in advance of the rental period.

In looking at the statutes from the Colorado General Assembly's Official Website" I can't find anything on the subject.Yet there is an unofficial source saying that either party my terminate upon as little as 7 days notice. Another says, 30 days but doesn't tie it to a rental period.
I do not know what the Colorado statutes say. My response was to OP's question. I was responding to what was quoted as being in the lease. In the original post it said the lease required 30 days notice before the end of the rental month.
 

latigo

Senior Member
I do not know what the Colorado statutes say. My response was to OP's question. I was responding to what was quoted as being in the lease. In the original post it said the lease required 30 days notice before the end of the rental month.
Colorado Revised Statutes Section 13-40-107. Notice to quit.

(1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows:

(c) A tenancy of one month or longer but less than six months, ten (10) days;
(Emphasis added)
 

Stephen1

Member
Colorado Revised Statutes Section 13-40-107. Notice to quit.

(1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows:

(c) A tenancy of one month or longer but less than six months, ten (10) days;
(Emphasis added)
It also says:
(a) A tenancy for one year or longer, three months;

Not real clear in this case which applies.
 

latigo

Senior Member
It also says:
(a) A tenancy for one year or longer, three months;

Not real clear in this case which applies.
It is very clear that the term lease, be it one year or several, is not longer operative. Consequently it has no relationship to the respective rights of the landlord or tenant.

The landlord can no more hold the tenant to the notice requirements under the expired lease agreement than the tenant can prevent the landlord from increasing future rent because it would exceed the amount called for under the former written agreement.
 

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