Colorado, what is "written notice"?

[sudofdisk]

You mean you are content with losing two months rent?

Potentially, I have a new set of tenants ready to take over, and if I understand the laws correctly I can keep their security deposit and recoup some of what is owed. I mean I know I can sue them but I am not sure if the cost of the chase is worth it at this point.

 

[quincy]

Potentially, I have a new set of tenants ready to take over, and if I understand the laws correctly I can keep their security deposit and recoup some of what is owed. I mean I know I can sue them but I am not sure if the cost of the chase is worth it at this point.

Getting the current tenants out and new tenants in can be your priority right now. You can choose to sue for unpaid rent later if it seems worth it to you.

 

[LdiJ]

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 do realize that you may end up having to evict anyway? If you give them notice and they do not move out, then you will have to go the eviction route.

 

[sudofdisk]

You do realize that you may end up having to evict anyway? If you give them notice and they do not move out, then you will have to go the eviction route.

I do, I am hoping the threat of not having an eviction on their record will be enough to get them to comply.

 

[adjusterjack]

I do, I am hoping the threat of not having an eviction on their record will be enough to get them to comply.

Problem tenants already have a bad record.

You might have to pay them to leave - cash for keys. Especially if your new tenants have a deadline that they have to meet and don't want to wait.

With 20 years and 3 rentals I learned a long time ago not to even seek new tenants until the old ones were out and the place cleaned up.

 

[sudofdisk]

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?

Here is the portion of the lease that talks about written notice:
"No notice to terminate at the end of the fixed term is necessary unless otherwise agreed to in writing. If a tenant remains on the property after expiration of the fixed lease term, with the permission of the landlord, tenant and landlord will continue to be bound by the terms and conditions of this lease on a month-to-month basis/ The lease may them be terminated by either party after giving 30 days(specify number of days -must be at least 21) written notice prior to the end of the rental month."


I "drafted" the lease by using the Boulder Model lease:
https://bouldercolorado.gov/media/735/download?inline

My understanding of the meaning was that any form of written notice would suffice but it was never specifically discussed, when we went over the lease together we just discussed "written notice".

 

[quincy]

Here is the portion of the lease that talks about written notice:
"No notice to terminate at the end of the fixed term is necessary unless otherwise agreed to in writing. If a tenant remains on the property after expiration of the fixed lease term, with the permission of the landlord, tenant and landlord will continue to be bound by the terms and conditions of this lease on a month-to-month basis/ The lease may them be terminated by either party after giving 30 days(specify number of days -must be at least 21) written notice prior to the end of the rental month."


I "drafted" the lease by using the Boulder Model lease:
https://bouldercolorado.gov/media/735/download?inline

My understanding of the meaning was that any form of written notice would suffice but it was never specifically discussed, when we went over the lease together we just discussed "written notice".

Now you know what type of written notice is best.

With luck your tenants will not give you any trouble.

 

[zddoodah]

I'm not surprised that you used a form or that there was never any discussion about what "written notice" meant. The safest way to proceed would be to give the notice by several different means, including at least one method that can be proven by evidence other than your testimony or a photocopy of the notice.

Also take careful note of the language you quoted: "The lease may them [sic] be terminated by either party after giving 30 days(specify number of days -must be at least 21) written notice prior to the end of the rental month."

 

[sudofdisk]

Thank you all very much for your help in this matter.

I'm not surprised that you used a form or that there was never any discussion about what "written notice" meant.

Trust me, going forward there will be.

 

[zddoodah]

Trust me, going forward there will be.

To be clear, I wasn't suggesting that specific discussion of every point needs to occur. I doubt it occurs in 99.999% of residential rental situations.

 

[quincy]

What is important about entering into any contract is that the parties involved have the same understanding as to what is being agreed upon. Sometimes the terms of the agreement are so clear that they don’t need clarification.

Once an agreement is signed, however, what is written in the contract is (generally) legally binding. It can be an exercise in futility for the signatory/signatories to argue that they didn’t understand to what they were agreeing.

When in doubt, explain anything that appears as if it could later be contested. The less ambiguity the better.

 

[adjusterjack]

The less ambiguity the better.

Especially since ambiguities are construed against the person who drafted the contract.

 

[quincy]

Especially since ambiguities are construed against the person who drafted the contract.

Yes. Typically true.