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?

UPDATED: Oct 10, 2011

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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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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