Can a landlord require a written 60 day notice to vacateif they didn’t provide the renewal rate within 60 days from the end of the lease?

My wife and I didn’t intend to leave our apartmentbut the rent was increased 16.5% from our last 12-month lease to the new renewal. We asked for our renewal rate weekly for almost 2 months until we were finally provided the renewal rate 3 weks ago. Our lease terminates in about 5 weeks and the office manager is holding to the 60 day notice-to-vacate written in the lease. Is there anything we can do to keep from paying an extra month of rent?

Asked on November 28, 2011 under Real Estate Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your lease terminated upon languange specifically set forth in the lease and you did not renew your lease but have not continued on in your occupation on a presumed month-to-month lease, you need to carefully read the lease in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

If the lease requires 60 day termination notice in the lease even at the end of the term, then you are obligated to give the required written notice. If it does not require any stated time period of written notice, then you are not required to give the notice to terminate and move.

From what you have written, it seems that you might be required to give the required 60 day notice to move out and if not be liable for time on the lease. Read the terms of your lease carefully in that it should provide the answer to your question.

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