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Month-to-month lease question - Colorado

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Month-to-month lease question - Colorado

Postby jeversvik » Sun Aug 26, 2012 8:15 pm

I currently have a month-to-month lease in Colorado. The lease states that I must give 60 days notice if I want to vacate the property. I gave that notice on 8/20/12 (with rent paid through 8/31/12). The property will vacated on 8/31/12. My question is "How long am I legally obligated to pay rent?" (I was thinking 10/20/12 or 10/31/12 or until the property is re-rented). The reason I ask is because I just received a letter from the management company stating that I am responsible for rent until 7/31/13. Any advice is greatly appreciated.
Jon
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Postby TenantNet » Mon Aug 27, 2012 8:03 am

The laws of Colorado will be different from NYC or other places, so you will need to check your local laws. But, in general, absent any law that says otherwise, you would need to check your lease.

You say you have a lease, but that you are month-to-month. The latter is for tenants without leases or whose leases have expired, so your statement doesn't make much sense. Generally, for those tenants whose leases have expired, the terms of the last expired lease would carry forward.

If you do have a lease that is in effect, or has expired, and if it says you need 60 days notice, then that's the answer. However, the sixty days is often conformed to the beginning/end of the month so your possession and paid-up time would both end on 10/31. (that is unless your cycle does not start at the beginning of the month)

The claim by the management company that you are liable for the rent until 7/31/13 does not make sense in any scenario.
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Postby jeversvik » Mon Aug 27, 2012 1:11 pm

TenantNet wrote:You say you have a lease, but that you are month-to-month. The latter is for tenants without leases or whose leases have expired, so your statement doesn't make much sense. Generally, for those tenants whose leases have expired, the terms of the last expired lease would carry forward.


We signed an agreement saying we would pay a 10% increase in rent, live month-to-month, and give 60 days notice when we intend to leave. I may have misspoke in saying that it was a lease
Jon
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Postby TenantNet » Mon Aug 27, 2012 1:46 pm

Are there beginning and ending dates of the "agreement?" If not, then it's just a month-to-month agreement. Written notice would be 30 days unless specified otherwise (or required differently by law).

Where do they get the 7/13 date from?

According to attorney Janet Portman:

A rental agreement provides for a tenancy of a short period (often 30 days) that is automatically renewed at the end of the period unless the tenant or landlord ends it by giving written notice. For these month-to-month rentals, the landlord can change the terms of the agreement with proper written notice.

A written lease, on the other hand, gives a renter the right to occupy a rental unit for a set term -- most often for six months or a year but sometimes longer -- as long as the tenant pays the rent and complies with other lease provisions. The landlord cannot raise the rent or change other terms of the tenancy during the lease, unless the tenant agrees.

Unlike a rental agreement, when a lease expires it does not usually automatically renew itself. A tenant who stays on with the landlord's consent after a lease ends becomes a month-to-month tenant, subject to the rental terms that were in the lease.
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Postby ronin » Tue Sep 04, 2012 11:14 pm

I agree with Tenant that the 7/13 date makes no sense.

I disagree with Tenant about the 30 day rule. The 30 day rule here in New York has to do with our developed law. In other areas you could see an agreement with a 60 day notice absent a law to the contrary. The general rule in the US is that the contract is controlling.

Basically, jeversvik, you need to contact some tenant attorneys and advocates in Colorado to answer your question because the answer could vary widely depending upon state and local laws.

IMHO
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