Considering the following situation:
A home rental in the State of Colorado where the tenant of the rental
property was previously on a lease, the terms of which have
expired,and is now legally considered on a "month to month" basis.
----
What terms of the original lease is the landlord or owner still able
to enforce, if any?
Specifically in a ?tenant desired move out? situation. If notice to
vacate is provided to the landlord or owner at least 30 days in
advance to the desired move out date, can the landlord or owner still
demand or collect additional rent beyond the notice given?
E.g. if notice is given to vacate the premises 30 days or greater
before the 15th of February, can the landlord or owner seek the
remaining 15 days of February's rent?
From what I understand of Colorado's state law is that in a "month to
month situation" where the intial lease, if any, has expired the
tenant must provide written notice to vacate at least 30 days prior to
the desired vacate date. It doesn't seem to indicate that this
notification is tied to a calendar month.
What I'm most unclear about is that if the initial lease, now well
expired, stated that notice to vacate must be given at least 30 days
in advance AND that the final payment date would have to land on the
last day of the month.
Again, that's "if" the lease has that clause on it and "if" that's
even legal in the first place and "if" the landlord or owner still are
legally able to enforce the terms of an expired lease.
Many thanks in advance for insight into this situation.
Matt
Broomfield, CO |
Request for Question Clarification by
maniac-ga
on
11 Jan 2006 18:32 PST
Hello Matt_co,
I did a quick review of the "Boulder Model Lease" at
http://www.ci.boulder.co.us/cyfhhs/pdf/model02.pdf
which has a month to month section [with a clear transition from the
fixed lease to the month to month rules] you should probably read
carefully before making any further decisions. It states in part that
the lease renews on monthly basis until you give notice. No mention of
prorating the last month (only the first one). If your language is
similar - you are likely correct.
If your lease does not have such a clause, the tenant may be correct
in their interpretation of the lease. Adding a copy of the relevant
clauses as a clarification to the question may also help in a correct
understanding of your situation.
Some additional information will be required to determine which
position is correct.
I can certainly understand your position but if you find another
tenant within the next 30 days, it may be to your advantage to let the
current tenant leave early and prorate the last month (so you retake
possession, cleaning, fix up if necessary, etc. for the new tenant).
--Maniac
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