How much notice are you legally required to give when not renewing a month to month lease in Colorado?
The house is in Arvada, CO. Tenants have been there since 10/08 and have been month to month since 10/09, most recent MtM lease signed in 06/15 but with no end date.
The lease states that notice of 7 days is required for not renewing a lease for either landlord or tenant. I have been checking online to make sure that this number is legal for the state of Colorado. I have only found something put together by the city of Boulder (11 days prior to the next rent due date), and other websites that say if it is a long term tenant they require 28 days or even longer. These are long term tenants, but are on a month to month lease with rent due on the 1st of each month.
They are in violation of the lease: Cannot get them to maintain the exterior of the property per the lease requirements (trash, weeds, no lawn care), and due to some work issues, he has been paying me every week instead of on the first for a few months. I have tried to work with them for far too long as one of his kids is friendly with one of mine (I don't put up with this at any other property- my mistake). At this point I don't want them to stay even if they were to comply with the property maintenance clauses and get back to monthly payments. I would rather not have to go through an eviction process if I can just tell them the lease is not renewed and get them out that way. I have given him 3 day notices before and he meets the requirement, then back things backslide again.
Since he is paying weekly (and if I don't stay on him he tries to pay late constantly) I am trying to give the minimum notice required legally as I am sure he will stop paying once he knows they are out.
Thanks for any input.
I believe your lease to be accurate in CO for 7 Day notice on a month to month. But because you are likley going to face an eviction here I would touch base with an eviction attorney. And because it is the 25th it probably doesn't much matter as the next lease period of a month is within 7 days - so just post a 30 notice to vacate or November 1st and all problems are with any dates are solved - assuming you actually want them out.
This would be a eviction, and I don't think you can start that with a 7 days notices. You will have to give them a 30 days notices for eviction. Pretty sure the 30 days can start form the day you give the notices so if you give it today then they have to pay in full plus clean up by Oct 25 or get evicted.
I have been doing research on this topic and find answers ranging from 7 days to 28 days.
Since you have had a long relationship with them and your children are friendly, I would err on the generous side and give them notice to vacate by the end of day, 10/31/15. You are terminating a month to month lease with more than 30 days notice. This is not an eviction, you are simply terminating the lease.
Be prepared for them to promise the moon, and to not leave by the end of the notice, which would mean you would have to evict them if you want them to leave.
Looking forward - I find it is easier to charge a bit more to cover the cost of a gardener. Many renters don't want to deal with home maintenance and will happily pay a bit more for the service. At least give them the option. Although you have made up our mind on these tenants, in the future charging every two weeks can be very profitable. Take the monthly rate and divide by two and that is the biweekly rate. Be very upfront that they will pay more, but for some this works better for them because they have difficulty thinking that far in advance and it matches their pay period. Remember, "Would you like fries with that?" Up-selling!
@S Harper a couple of thoughts. 1) get them on a debiting service like erentpayments or ClearNow. Takes the brain damage out of rent collection. Make the weekly rent a bit more than 1/4 of monthly rent. For example rent is $1,000 per month so weekly rent is $260. Remember you will actually collect 52 weeks at $260 or $13,520. Make sure they know they are paying more when paying by week so they don't think they get a month free at the end.
2) Do you want to be right or rich. If the property meets city code for upkeep then no problem. If it doesn't then they must comply. If it's just your personal preference then you need to let go a bit. Tenants will never keep the place like you would. Get over it. Draw the line at City code. Repeated violations of code would be cause for termination. They are impinging on my freedom at that point. Time to find a tenant that will at least meet the minimum.
3) Regarding the Notice see this SB-172 the minimum notice is 7 days for a MTM tenant by statute. See section 13-40-107. Notice to quit. Your rental agreement does not stipulate a time shorter than the the statute.
Personally, I would give them more time. Realistically they won't be able to find a new place on such short notice so you will have them living there and mad at you. Give them 30 days and if they don't pay start the eviction immediately. When they whine about that, let them know that if you do end up having to evict them they will never find another place. Sounds like they are in a tough place financially so it's time to find a place they can afford and get moved to there. If they can't afford rent then time to face the music and stop leaning on you to prop up their weak financial situation.
Hope it works out well for you. Unfortunately when our tenants hit rough times it often pinches us as well.
You must be a BiggerPockets member to post on the forums
Join the world's largest, most open Real Estate Investing Community online, 100% free forever!