How much notice do I need to give on a month-to-month rental?

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How much notice do I need to give on a month-to-month rental?

I am trying to give notice on my apartment and have been in a month-to-month rental situation for several months. My previous lease ended in the middle of August. They are currently telling me that I have to give 30 days prior to the start of the month, so I would currently be locked in until 12.31. I had thought that I would be able to give 30 days from the day I turned in my notice. What does the CO say?

Asked on November 8, 2010 under Real Estate Law, Colorado

Answers:

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

Answered 11 years ago | Contributor

A month-to-month tenancy only requires 30 days written notice to terminate the tenancy.  The 30 days is counted from the day you file the notice.  For example, if you filed the notice today, November 8, the 30 days would elapse on December 8.  This means you would only owe rent in December from Dec. 1 through 8.  This would be calculated on a pro rata basis.


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