Colorado, what is "written notice"?

[sudofdisk]

What is the name of your state? Colorado

I own a house and I rent it to tenants. In the lease agreement we agreed to lease for x months, and then month to month after that.

Both parties agree to 30 days written notice to end the lease once it becomes month to month.

What qualifies as "written notice"? Mail, e-mail, text message, putting notice on the door while filming?

 

[adjusterjack]

30 days written notice to end the lease once it becomes month to month.

That could be open to argument. The lease should have been more specific about the type of written notice. and the method of delivery.

In the absence of a specific definition the next place to look is in the landlord tenant laws.

Colorado statute 13-40-107 addresses the issue of termination notice.

Colorado Revised Statutes Section 13-40-107 (2023) - Notice to terminate tenancy :: 2023 Colorado Revised Statutes :: US Codes and Statutes :: US Law :: Justia

That the notice must be signed appears to eliminate email and text. Of course, you may elect to accept email or text.

As for putting it on a door and filming delivery, you (or the tenant) risks that the notice might not actually be received by the landlord or the tenant, for any number of reasons.

Is this something that actually happened? Is there a dispute about notice? If so, provide details as to who is claiming what, if you wish further discussion.

 

[LdiJ]

What is the name of your state? Colorado

I own a house and I rent it to tenants. In the lease agreement we agreed to lease for x months, and then month to month after that.

Both parties agree to 30 days written notice to end the lease once it becomes month to month.

What qualifies as "written notice"? Mail, e-mail, text message, putting notice on the door while filming?

Personally, I would do it either by handing it to them in person (signed) or certified mail.

 

[adjusterjack]

handing it to them in person (signed)

Preferable. And with a witness.

The problem (I found) with certified mail is that once you have gotten to the unfortunate point that you have to put a tenant on notice, they will duck the certified mail and the LL won't know for 3 weeks that the PO couldn't deliver it.

Sometimes just the mailing of certified mail constitutes notice to the tenant. But that's not universal and I wouldn't rely on it.

 

[Zigner]

When certified mail is sent, a copy should be sent first class.

 

[adjusterjack]

When certified mail is sent, a copy should be sent first class.

With delivery confirmation for an extra buck or two.

 

[zddoodah]

Both parties agree to 30 days written notice to end the lease once it becomes month to month.

What qualifies as "written notice"? Mail, e-mail, text message, putting notice on the door while filming?

Please quote the entire paragraph that mentions written notice.

That said, at the time you entered into this agreement, what did you think it meant? What did the tenant think it meant? Did you discuss your understanding(s) as to what it meant? If so, please describe those discussions. Who drafted the lease?

Also, importantly, why are you asking?

 

[quincy]

Here is a copy of a “Notice to Terminate Tenancy” form:

https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF99B.pdf

You can complete service of this notice by leaving a true copy with [fill in full name] or by posting it in a conspicuous place at the premises described in the notice.

I would not send it by mail.

 

[Taxing Matters]

The form that quincy linked is not required but does contain all the needed information. When I have need to serve something like this for a client I hire a process server to do it. That gives you a disinterested party who may testify about the service should the tenant claim he/she was not served. If you do that, then the process server completes part 5 of the form.

 

[quincy]

The form that quincy linked is not required but does contain all the needed information. When I have need to serve something like this for a client I hire a process server to do it. That gives you a disinterested party who may testify about the service should the tenant claim he/she was not served. If you do that, then the process server completes part 5 of the form.

I think personal service is always preferable. The form ensures that all necessary information is included in the Notice.

 

[Taxing Matters]

I think personal service is always preferable. The form ensures that all necessary information is included in the Notice.

It is always preferable. It is, however, not always possible. In that latter case, it's better to leave the notice in a conspicous place on the property, usually on the front door, than try something like mailing the notice, because the only two kinds of service that are effective under Colorado's landlord-tenant laws are personal service or posting the notice in a conspicious place. If a couple attempts at personal service have been tried without success then it's not cost effective to keep making what may be endless fruitless efforts to make personal service. The service may NOT be done by the landlord. It has to be some adult that is not involved in the eviction. The Colorado Courts have very friendly guide for tenants about eviction: Understanding Eviction Actions

 

[sudofdisk]

That could be open to argument. The lease should have been more specific about the type of written notice. and the method of delivery.

In the absence of a specific definition the next place to look is in the landlord tenant laws.

Colorado statute 13-40-107 addresses the issue of termination notice.

Colorado Revised Statutes Section 13-40-107 (2023) - Notice to terminate tenancy :: 2023 Colorado Revised Statutes :: US Codes and Statutes :: US Law :: Justia

That the notice must be signed appears to eliminate email and text. Of course, you may elect to accept email or text.

As for putting it on a door and filming delivery, you (or the tenant) risks that the notice might not actually be received by the landlord or the tenant, for any number of reasons.

Is this something that actually happened? Is there a dispute about notice? If so, provide details as to who is claiming what, if you wish further discussion.

It hasn't happened yet. The tenant is behind on paying the rent and I plan to let them know on the 30th of this month that I want to end the lease and have them out by the 30th of November, I am just trying to make sure I do it appropriately.

 

[sudofdisk]

It is always preferable. It is, however, not always possible. In that latter case, it's better to leave the notice in a conspicous place on the property, usually on the front door, than try something like mailing the notice, because the only two kinds of service that are effective under Colorado's landlord-tenant laws are personal service or posting the notice in a conspicious place. If a couple attempts at personal service have been tried without success then it's not cost effective to keep making what may be endless fruitless efforts to make personal service. The service may NOT be done by the landlord. It has to be some adult that is not involved in the eviction. The Colorado Courts have very friendly guide for tenants about eviction: Understanding Eviction Actions

Keep in mind this is not an eviction. I am simply notifying them that I am not continuing the month to month lease agreement.

 

[quincy]

Keep in mind this is not an eviction. I am simply notifying them that I am not continuing the month to month lease agreement.

You can fill out the Notice form with the appropriate information and check the appropriate boxes and have the Notice personally served. That is all you need to do.

 

[adjusterjack]

It hasn't happened yet. The tenant is behind on paying the rent and I plan to let them know on the 30th of this month that I want to end the lease and have them out by the 30th of November, I am just trying to make sure I do it appropriately.

You mean you are content with losing two months rent?