Terminating month to month lease - please help clarify

4 Replies

Hi all,

I would really appreciate any input on this.  We had a short term lease with a woman who is living in our carriage house, the lease is written that the term is a 3 month lease, with automatic renewal for up to 3 months, month -to month.  Either party can terminate with 30 days  notice for any basis.  The initial 3 months has been completed, and she is now in the month to month portion.  We would like to give her 30 days to move out as our lease states we can.  My first question is: 1) is there a template for a letter that states that for Colorado and my next question is: 2)  Can this be done via email or does it need to be certified mail?  I would be fine with either if I knew I was covered.  3)  is there anything i could not be thinking of in terms of her disputing this?  

Thanks so much!

Sarah

I'd personally send it via Certified Mail as to have a documented history of something being physically delivered vs an email that the recipient can say they never received. Then again, I'm not an attorney or agent in the state of Colorado so I'm not too keen about your real estate laws up there. 

For a move-out letter, you can probably find a template with a Google search or find one here in the search menu or file place.

Originally posted by @Sarah Present :

Hi all,

I would really appreciate any input on this.  We had a short term lease with a woman who is living in our carriage house, the lease is written that the term is a 3 month lease, with automatic renewal for up to 3 months, month -to month.  Either party can terminate with 30 days  notice for any basis.  The initial 3 months has been completed, and she is now in the month to month portion.  We would like to give her 30 days to move out as our lease states we can.  My first question is: 1) is there a template for a letter that states that for Colorado and my next question is: 2)  Can this be done via email or does it need to be certified mail?  I would be fine with either if I knew I was covered.  3)  is there anything i could not be thinking of in terms of her disputing this?  

Thanks so much!

Sarah

A professionally written letter in plain English, which clearly states you are terminating the lease should suffice. It would be a good idea to reference specific clause in the lease, which states clearly states how you are within your rights to terminate the tenancy. Good idea to send it by regular and certified mail as well. If possible you can hand deliver it as well. 

In Virginia, you can send email notices ONLY if both the parties have agreed to do so. I highly encourage my tenants to do so. 

Thank you @Bob Okenwa and @Chinmay J. !    I did end up finding a template here in the biggerpockets file place that fit the situation and only needed to tweak slightly.  I went ahead and sent the letter (to the home she owns and frequents back and forth multiple times per day usually) and also via email.  The odd thing is that she has not responded at all.  I received an email confirmation from USPS that the certified letter was left with "an individual".  I'm hoping this will be a clean break in 30 days, but its unnerving for her to not acknowledge it at all. Stay tuned!

Originally posted by @Sarah Present :

Thank you @Bob Okenwa and @Chinmay J. !    I did end up finding a template here in the biggerpockets file place that fit the situation and only needed to tweak slightly.  I went ahead and sent the letter (to the home she owns and frequents back and forth multiple times per day usually) and also via email.  The odd thing is that she has not responded at all.  I received an email confirmation from USPS that the certified letter was left with "an individual".  I'm hoping this will be a clean break in 30 days, but its unnerving for her to not acknowledge it at all. Stay tuned!

I always like to call them and let them know that....Hey.. Per the legal requirements I have sent you the letter and you have 30 days to evacuate.  Some people (usually those that rent at the lower price points) are not really the most diligent group of people when it comes to communication. 

Although its not a legal requirement, I will at least call them up and talk to them about it. So it doesn't catch them by surprise as long as I am on good terms with them. 

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