More than 30 days Notice on a month to month tenant in Denver

5 Replies | Denver, Colorado

Hello, 

We are selling a place and want to serve the tenants with notice. They were on a lease that expired and are now on month-to-month as spelled out in the original lease documents. The original lease document says if the lease is not renewed it will continue month-to-month and require 30 days notice from either party to terminate.

My tenants are saying that since they have been in the place for longer than a year they are required to receive 60 days notice. Can anyone point me to where this is a requirement?

Thank you,
Ryan

Here's what I found:   If it's not in writing - it's in the law as 10 days.  pasted with lots of mistakes from https://www.colorado.gov/pacif...

 month-to-month lease isa rental agreement for a one month period that is renewed automatically each month until properly terminated by either party. When a landlord and a tenant have not executeda written lease and rental payments are made monthly, a month-to-month lease is impliedby law.A month-to-month tenancyis usually created when a tenant moves into a property and pays rent without signing a lease. Itmay also be created when an expiredwrittenlease is not renewed but the tenant remains in the propertyas a “holdover,”with the landlord’s consent. In such a case, if the written lease contains a clause stating that all lease provisions continue to apply after the written leaseexpires and the tenant stays on with amonth-to-month lease, then the rights and responsibilities of each party, as defined by the expired written lease, remain in effect.With any month-to-month lease, the landlord can raise the rent, change or terminate the agreement at the end of each month,with proper written notice to the tenant. The tenant, likewise, can terminate the lease at the end of the month with proper written notice to the landlord. Proper notice for both landlord and tenant must be written and received by the other party at least ten days before the last day of the rental month.(See C.R.S. §13-40-107).However, awritten month-to-month lease may specify a longer notice period, for example, 30 days or 60 days before the end of the lease term.

Yea I think that is a few years old but it is what I was finding I cannot find anything that is 60 days. Right now I am finding the following:


Notice to Quit-§13-40-107, C.R.S.(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.

Wanted to give them the benefit of the doubt but cannot find out where they are seeing so I will give them 30 days since they would fall into the category (c).

@Ryan Eldridge  This might be worth a 5 minute phone call to a local real estate attorney. They would know the answer immediately and I bet they likely wouldn't charge you because you might need their legal assistance (hopefully not). An investor client of mine had a similar issue and a PM I trust told me if it's month-to-month, only 28 days were necessary. However, I like to stay in my lane, so I recommend confirming with a lawyer. @Drew Fein Can you help?