Is a tenant with a non-month-to-month lease required to give the landlord 30 days notice order to stop renting at the end of lease term?

In CO, if a 30 day notice requirement is not specified in the lease document, is a tenant with a non-month-to-month lease (i.e., a standard 6 or 12 month lease) required to provide the landlord with 30 days notice of intent to vacate at the end of the lease term? My landlord seems to think there is a statute or court case that has determined that I was required to provide such notice or face forfeiture of my security deposit and negative credit reporting, and informed me that to avoid such consequences, I would have to give a 30 day notice and pay rent for another month.

Asked on September 1, 2011 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your landlord is incorrect. If there is a definite term to the lease--as you indicate, it's a standard 6- or 12-month lease)--then there is no separate notice required of the tenant's moving out, unless:

1) The lease calls for notice, which would be odd, but not illegal;

2) The lease has an automatic renewal term, in which case notice might be required to prevent renewal; or

3) The tenant holds over past the end of the lease, in which case a new month-to-month tenancy may be created, which would then require 30 days notice.

However, apart from those scenarios, if there is an end date specified in the lease, tenancy ends on that day with no further notice. The landlord may not impose new or additional requirements not found in the lease.


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