Can a landlord call their tenant on the 10th of the month and tell them they have to be out by the 1st of the following month?

4 1/2 years ago my daughter and her husband got into a rent to own property. They paid $9000 up front as a down payment towards the purchase of the house that was going to stay in escrow until the purchase which was supposed to be within 2 years. Unfortunately they have not been able to get financed due to their bad credit, which this landlord was totally aware of when they entered into this contract 4 1/2 years ago. Since the 2 year deadline this landlord has changed the lease and they are now on a month-to-month.

Asked on October 10, 2011 under Real Estate Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In Colorado, a month-to-month tenancy can be terminated if at least ten days written notice is given during the month in which rent has been paid. 

If the rent is due on the first of next month, the landlord has given more than ten days written notice to terminate the tenancy.  The written notice can either be sent via mail or hand delivered.

If the month-to-month lease specifies a different amount of notice such as thirty days which is usually the amount of notice required to terminate a month-to-month lease, then the notice set forth in the lease is controlling.

Failure to comply with the notice requirement results in the tenancy continuing into the next month.


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