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General Landlording & Rental Properties

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S Harper
  • Real Estate Investor
  • Denver-metro, CO
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How much notice for not renewing a month to month lease?

S Harper
  • Real Estate Investor
  • Denver-metro, CO
Posted Sep 25 2015, 09:16

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. 

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