Pro-rating while month to month with notice

[moretolove]

What is the name of your state? CO

I am a renter who had a lease agreement of one year with an option to renew for another year term. At the end of the first year, we negotiated that we would stay in the home for 6 more months then go month to month after that with 30 days notice to vacate required. I am now buying a house and closing in the middle of the month. The landlord wants me to move out on the day that I said I would vacate but continue to pay for the end of the month because the 'written notice must be given on or before the first day of the one month period.' and 'because she lowered the rent for me.' Nowhere in the handwritten addendum to the lease when we wrote in the month to month after 6 more months was there anything about notice on or before the first of the month, just that I must give 30 days notice.

Am I on the hook to pay for the full month when I am vacating in the middle? If so, can I stay until the last day of the month?

 

[adjusterjack]

The landlord wants me to move out on the day that I said I would vacate but continue to pay for the end of the month because the 'written notice must be given on or before the first day of the one month period.'

Then give her revised written notice tomorrow that you are moving out July 31 and pay the full month. That keeps you in possession for the full month and an extra two weeks to move at your leisure.

Or she can accept two weeks rent and waive the rest if she wants you out by the middle of the month. She can't have it both ways.

Besides, the statute only requires 7 days notice on a month to month tenancy, given prior to the end of the month.

https://law.justia.com/codes/colorado/2016/title-13/forcible-entry-and-detainer/article-40/section-13-40-107/

However, you made an inforceable agreement that you would give 30 days (I'm guessing not in writing) without specifying that it be given on the first of the month for the end of the month.

It's anybody's guess as to who prevails if it gets to court, so it's up to you to decide if you want to pay a full month and stay a full month or pay for two weeks and see what happens.

Make the decision and put it in writing tomorrow or you may end up with her claiming you owe rent for August.

 

[justalayman]

Have you given a written notice?

Without havjng read the written terms I am reluctant to say much. There is no requirement in state law you give 30 days notice or one rental period. Unless the written terms specifically states it is one rental period rather than 30 days I would agree with your take on things.

Of course if you do pay for the month (not the 30 day notice but the monthly rental period) you have all rights to use the unit for the entire period.

 

[moretolove]

Have you given a written notice?

We provided SMS notice to the property manager (the owner's sister) 40 days prior to vacating and then in person verbal notice to the property owner 27 days prior. They were agreeable to us being allowed to moveout/clean until midnight on our proposed moveout date and doing a walkthrough at noon on the following day to evaluate the depot return (the property/grounds are in WAY better shape now than when we took possession but that is not the issue).

AdjusterJack, I don't know what is enforceable but it was the most standard and generic rental agreement that was used for the initial agreement with one hand written addendum about the renewal option I negotiated initially and then after completion of the first year, a hand written addendum lowering the rent $100/month and making it month to month with 30 days notice to vacate after 6 months from the date of signing.

 

[adjusterjack]

a hand written addendum lowering the rent $100/month and making it month to month with 30 days notice to vacate after 6 months from the date of signing.

It would help if you quoted that entire addendum word for word and also advise who wrote it (who took pen in hand to write it down) and who signed it, one of you, both of you?

 

[moretolove]

It would help if you quoted that entire addendum word for word and also advise who wrote it (who took pen in hand to write it down) and who signed it, one of you, both of you?

Term

6. The term of the Lease is a periodic tenancy commencing at 12:00 noon on __Sept.1, 2017 through May 31, 2018 then continuing on a month to month basis until the Landlord or the Tenant terminates the tenancy.

7. Additional Clause: The tenant shall give one month's advance notice before termination of lease.

Rent

8. Subject to the provisions of this Lease, the rent for the Property is $2100.00 per month (the "Rent").

9.The Tenant will pay the Rent on or before the First of each and every month of the term and every month of the term of this Lease to the Property Manager___ at such other place as the Landlord may later designat.

 

[moretolove]

Have you given a written notice?

Without havjng read the written terms I am reluctant to say much. There is no requirement in state law you give 30 days notice or one rental period. Unless the written terms specifically states it is one rental period rather than 30 days I would agree with your take on things.

Of course if you do pay for the month (not the 30 day notice but the monthly rental period) you have all rights to use the unit for the entire period.

Here are the terms. Please let me know what you think.

 

[justalayman]

It says one months notice, not 30 days. That is an important distinction.


One month is generally construed as one month such as in January or February or March and so and is generally tied into a rental period (which is typically from [month] 1 forward until the end of the month.

I believe the landlord is due one calendar months notice. If you have notice after June 1 your period of notice goes through July 31.

 

[Just Blue]

@Joe Crandall Please don't post to old threads and trying to encourage the OP to reveal i.d.ing info.

 

[GideonEffect]

@Joe Crandall Please don't post to old threads and trying to encourage the OP to reveal i.d.ing info.

What length of time constitutes "old thread"? I truly believe that this OP and I may have something in common. And if that is the case there may be more suffering on his part and he should be compensated for it. If there is in fact a match, I'm certain that the OP's rights have been violated. There is more to the story than whats obvious to the OP. And another thing, in Colorado, a tenancy that is month to month not ending at a time and day certain requires 91 days notice before the desired termination date. And Colorado judges tend to rule based on statute and will disregard the wording of an agreement if the agreements material makes an attempt to undermine the law.

 

[Just Blue]

What length of time constitutes "old thread"? I truly believe that this OP and I may have something in common. And if that is the case there may be more suffering on his part and he should be compensated for it. If there is in fact a match, I'm certain that the OP's rights have been violated. There is more to the story than whats obvious to the OP. And another thing, in Colorado, a tenancy that is month to month not ending at a time and day certain requires 91 days notice before the desired termination date. And Colorado judges tend to rule based on statute and will disregard the wording of an agreement if the agreements material makes an attempt to undermine the law.

Over 30 days without the OP posting back. PM the OP if you think you have something in "common" but as this OP hasn't posted in 5 months I doubt s/he will see it.

 

[quincy]

What length of time constitutes "old thread"? I truly believe that this OP and I may have something in common. And if that is the case there may be more suffering on his part and he should be compensated for it. If there is in fact a match, I'm certain that the OP's rights have been violated. There is more to the story than whats obvious to the OP. And another thing, in Colorado, a tenancy that is month to month not ending at a time and day certain requires 91 days notice before the desired termination date. And Colorado judges tend to rule based on statute and will disregard the wording of an agreement if the agreements material makes an attempt to undermine the law.

moretolove has not returned to the forum since July 1.

Old threads are threads that are no longer in need of responses because the questions posted have been answered or the problem has been resolved or the poster is no longer around.

The only one who should post to these threads is the original poster - who has another question or who wants to provide an update.

If they have their private message feature activated, you can try to contact them that way. Otherwise, if you have a legal question, start your own thread.

Thanks.

 

[Just Blue]

moretolove has not returned to the forum since July 1.

Old threads are threads that are no longer in need of responses because the questions posted have been answered or the problem has been resolved.

The only one who should post to these threads is the original poster - who has another question or who wants to provide an update.

If they have their private message feature activated, you can try to contact them that way. Otherwise, if you have a legal question, start your own thread.

Thanks.

Great minds and all that...

 

[quincy]

Great minds and all that...

You were faster than I.