Does a lease holder have any recourse against a roommate who moves out without advance notice but with whom they have no written agreement?

My daughter is paying a percentage of the rent/utilities (since March of this year) to the lease holder, and is preparing to move out due to a breakdown in her relationship with one of the other roommates. The lease holder is threatening to take her to small claims court to collect her portion of next month’s rent if she doesn’t give him 30 days notice. My intuition tells me that due to the fact that he is also getting ready to vacate at the end of next month he is (for a lack of a better term) trying to extort money from my daughter. He claims that he has already contacted a lawyer.

Asked on June 26, 2012 under Real Estate Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, if there is no written lease, the law presumes that the oral tenancy is on a month-to-month basis. As such, the tenant and/or the landlord is required under the law to give a 30 day written notice of the termination of the lease (oral or wtitten).

Your daughter if she wants to end her oral lease must give 30 days written notice of such to her "landlord". I suggest that she keep a copy of such notice given for future need and reference.

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