What is the correct notice when not renewing your lease?
Full Question:
My lease is up at the end of Oct. I gave the leasing office my notice that I would not be renewing my lease 55 days prior to when my lease was up. I was told that I had to give them a 60 day notice. I reviewed my lease and it does infact state that, however I heard from other leasing agents that they can not require that many days. Is this true? I do not want to be responsible for paying more money for rent.
10/03/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: Colorado |
#9598
Answer:
The applicable Colorado statutes are as follows:
13-40-107. Notice to quit.
(1) A tenancy may be terminated by notice in writing, served not less
than the respective period fixed before the end of the applicable
tenancy, as follows:
(a) A tenancy for one year or longer, three months;
(b) A tenancy of six months or longer but less than a year, one month;
(c) A tenancy of one month or longer but less than six months, ten days;
(d) A tenancy of one week or longer but less than one month, or a tenancy
at will, three days;
(e) A tenancy for less than one week, one day.
(2) Such notice shall describe the property and the particular time when
the tenancy will terminate and shall be signed by the landlord or tenant,
the party giving such notice or his agent or attorney.
(3) Any person in possession of real property with the assent of the
owner is presumed to be a tenant at will until the contrary is shown.
(4) No notice to quit shall be necessary from or to a tenant whose term
is, by agreement, to end at a time certain.
(5) Except as otherwise provided in section 38-33-112, C.R.S., the
provisions of subsections (1) and (4) of this section shall not apply to
the termination of a residential tenancy during the ninety-day period
provided for in said section.
