Can I get out without a signed lease?

[confusedrenter1]

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

In October 2004, I signed a lease agreement for a term of 9.5 months. After this term expired, the landlord never approached us about renewing or signing a new lease. The exact verbage of the RENEWAL TERM in the lease is as follows:

It is the intent of both parties that this lease is for a term of 9.5 months to start and then for a term of 12 months after that renewable every year on the same month of each year. Tenant may terminate this agreement by a) Giving Landlord at least 30 days notice in writing; plus b)All monies due through the date of termination; plus c)Returning residence in a clean, ready to rent condition. Should the Tenent breach this lease, both the 1st month's rent and the indemification deposit shall be forfeit as liquidated damages.

Does a renewed lease have to be signed in the State of Colorado or can it be implied? Can we provide 30 days notice and avoid legal ramifications or other costs?

 

[JETX]

Does a renewed lease have to be signed in the State of Colorado or can it be implied?

Not relevant. Your FIRST lease was in writing... and the provision for renewal is in writing. There is no issue of 'implied' in this case.

Can we provide 30 days notice and avoid legal ramifications or other costs?

Yep... as long as you provide at least 30 days notice PRIOR to the end of your lease term... and you move at the end of the 'renewed' lease period.

 

[confusedrenter1]

As it stands today , am I under a lease term of 12 months, even though the "renewable" lease was never renewed in writing?

As I see it, I should be month-to-month, since a renewal of lease agreement was never established.

 

[JETX]

As it stands today , am I under a lease term of 12 months, even though the "renewable" lease was never renewed in writing?

As I see it, I should be month-to-month, since a renewal of lease agreement was never established.

You 'see' it incorrectly. The WRITTEN lease (that you signed) is VERY clear:
"It is the intent of both parties that this lease is for a term of 9.5 months to start and then for a term of 12 months after that renewable every year on the same month of each year."

 

[Jpony]

Yep... as long as you provide at least 30 days notice PRIOR to the end of your lease term... and you move at the end of the 'renewed' lease period.

but the lease doesn't say that

"The exact verbage of the RENEWAL TERM in the lease is as follows:

It is the intent of both parties that this lease is for a term of 9.5 months to start and then for a term of 12 months after that renewable every year on the same month of each year. Tenant may terminate this agreement by a) Giving Landlord at least 30 days notice in writing; plus b)All monies due through the date of termination; plus c)Returning residence in a clean, ready to rent condition. Should the Tenent breach this lease, both the 1st month's rent and the indemification deposit shall be forfeit as liquidated damages."

that's it. nothing about prior to the end of the lease. He may have intended it to be prior to the end of the lease which makes sense but he didn't put that in the lease.

 

[HomeGuru]

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

In October 2004, I signed a lease agreement for a term of 9.5 months. After this term expired, the landlord never approached us about renewing or signing a new lease. The exact verbage of the RENEWAL TERM in the lease is as follows:

It is the intent of both parties that this lease is for a term of 9.5 months to start and then for a term of 12 months after that renewable every year on the same month of each year. Tenant may terminate this agreement by a) Giving Landlord at least 30 days notice in writing; plus b)All monies due through the date of termination; plus c)Returning residence in a clean, ready to rent condition. Should the Tenent breach this lease, both the 1st month's rent and the indemification deposit shall be forfeit as liquidated damages.

Does a renewed lease have to be signed in the State of Colorado or can it be implied?


**A: the law does not require a renewed lease to be signed since the original lease was signed.

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Can we provide 30 days notice and avoid legal ramifications or other costs?

**A: no since you are on a 12 month lease. If you give notice to terminate during the 12 month perios, you are breaking the fixed term lease and are liable for any and all costs associated with breaking the lease.