Arvada Notice to Terminate Month to Month Questions

4 Replies | Denver, Colorado

Hey All, 

Does anyone know where I can find resources on how to terminate a month to month lease in Arvada?  

The scenario I'm concerned with is regarding recently purchased a duplex in Arvada where one side is vacant and the other side has someone paying below market rate.  I'd like to rent the side that's vacant and move into the side that's occupied (once current occupant is gone), but first need to get the tenant out of there.  The current tenant has paid on time, they have previously just paid a relatively low amount for years.  

Everyone I've spoken to briefly says this shouldn't be difficult, just serve them a 30 day notice.

I've found the below from Colorado Legal Resources which is the state level guideline.  

https://advance.lexis.com/documentpage/?pdmfid=100...

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, ninety-one days;

(b) A tenancy of six months or longer but less than a year, twenty-eight days;

(c) A tenancy of one month or longer but less than six months, twenty-one 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.

Based on this, it looks like for month to month occupants, 21 day notice is the appropriate time for Colorado, but I wasn't sure if there was any specific code that needed to be followed in Arvada aside from the Colorado text above.  

Things I'm worried about are anything related to rent control, anything related to the tenants rights that I haven't thought about before (like cases of tenant being not mentally there as I know in Los Angeles where I'm from, things like that might impact procedure), etc.    

So really, I have three questions to be clear:

1)  Does anyone already know what I need to do here?

1)  Does anyone know (aside from 13-40-107 that I pasted) the authoritative text on this in Arvada (if it differs from Colorado) for ending month to month leases?

2)  Can anyone think of any scenarios where this wouldn't be easy and could get dicey?

I will speak with an attorney, but want to have a good understanding first and any feedback would be greatly appreciated.   

Thanks!

-Anthony 

Go on line and google "Texas landlord tennat regulations". You are required to know all the regulations before you own a property or interact with tenants.

If you want a good understanding take th etime to learn your regulations.

What about offering them to move into the other side, at an appropriate rent?  If they know they have to move, that would be an easier and cheaper move for them, you could write a  new lease.  If they know they have to move one way or another, they aren't going to find a below market rent in this town.  Obviously, you'd have to ensure they could afford, but it'd also save you the hassle of hunting down a new tenant

Does "tenancy" here mean the total time they have been there, or the "period" outlined in the lease?

So, if my tenant has been here 9 months, and it's March 5, do I need to give them 21 days because it's month-to-month, or 28 days because they have been there more than 6 months?

Would that period of 28 days have to fall at the end of the month(e.g. since March 31 is too soon, I have to wait until April 30, couldn't do April 3?