Is a landlord allowed to refuse a written 30 day notice after the property has been vacated?
Full Question:
Answer:
If the rental agreement is terminated improperly, the landlord has a right to possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees. The answer will depend on the lease terms and whether you were a month-to-month tenant. A month-to-month tenancy, which typically applies when a tenant isn't under a written lease, may be terminated by giving 30 days' written notice.
18-17-704. Periodic tenancy — Holdover remedies.
(a) The landlord or the tenant may terminate a week-to-week tenancy by
a written notice given to the other at least seven (7) days before the
termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy
by a written notice given to the other at least thirty (30) days before
the termination date specified in the notice.
(c)
(1) If the tenant remains in possession without the landlord's
consent after expiration of the term of the rental agreement or its
termination, the landlord may bring an action for possession.
(2) If the holdover is not in good faith, the landlord may recover
reasonable attorney's fees.
(3) If the tenant's holdover is a willful violation of the provisions
of this chapter or the rental agreement, the landlord may also recover an
amount not more than three (3) months periodic rent or twice the actual
damages sustained by him or her, whichever is greater and reasonable
attorney's fees.
(4) If the landlord consents to the tenant's continued occupancy, §
18-17-401(c) applies.
18-17-701. Noncompliance with rental agreement — Failure to pay rent —
Removal of evicted tenant's personal property.
**Update Notice: This section has been amended by
Act 482 of 2009
(a) Except as provided in this chapter, if there is a noncompliance by
the tenant with the rental agreement, the landlord may deliver a written
notice to the tenant specifying the acts and omissions constituting the
breach and that the rental agreement will terminate upon a date not less
than fourteen (14) days after receipt of the notice, if the breach is not
remedied in fourteen (14) days. The rental agreement terminates as
provided in the notice except that if the breach is remediable by repairs
or otherwise and the tenant adequately remedies the breach before the
date specified in the notice.
(b) If rent is unpaid when due and the tenant fails to pay rent within
five (5) days from the date due, the landlord may terminate the rental
agreement.
(c)
(1) Except as provided in this chapter, the landlord may recover
actual damages and obtain injunctive relief, judgments, or evictions in
circuit court or district court without posting bond for any
noncompliance by the tenant with the rental agreement.
(2) If the tenant's noncompliance is willful other than nonpayment of
rent, the landlord may recover reasonable attorney's fees, provided the
landlord is represented by an attorney.
(3) If the tenant's nonpayment of rent is not in good faith, the
landlord is entitled to reasonable attorney's fees, provided the landlord
is represented by an attorney.
18-16-305. Refund required — Exceptions.
(a)
(1) Within thirty (30) days of termination of the tenancy, property or
money held by the landlord as security shall be returned to the tenant.
(2) However, the money may be applied to the payment of accrued unpaid
rent and any damages which the landlord has suffered by reason of the
tenant's noncompliance with the rental agreement, all as itemized by the
landlord in a written notice delivered to the tenant, together with the
remainder of the amount due thirty (30) days after termination of the
tenancy and delivery of possession by the tenant.
(b)
(1) The landlord shall be deemed to have complied with subsection
(a) of this section by mailing via first class mail the written notice
and any payment required to the last known address of the tenant.
(2) If the letter containing the payment is returned to the landlord
and if the landlord is unable to locate the tenant after reasonable
effort, then the payment shall become the property of the landlord one
hundred eighty (180) days from the date the payment was mailed.