Lease Resource Center
I got a job in another state. Does that automatically terminate the lease?
No, a lease is a legal binding contract. Nothing including moving to another state, medical conditions or even death terminates the lease, unless the lease has a clause specifically stating that such an event will terminate the lease.
I just signed a lease yesterday and today I have found a place I like better. Do I have three days to change my mind?
No, as soon as you signed the lease you created a contractual agreement between you and the landlord.
If the landlord and the tenant do not have anything in writing, do we have any sort of lease?
When there is no written lease and has never been a written lease, the State of Colorado assumes a month to month tenancy. To terminate this type of month to month lease, either the tenant or the landlord must give the other 10 days written notice. If an old lease has run out and a new one was never signed, the contract is automatically rolled over into a month to month lease. Most of the terms of the original lease still apply, including the amount of notice either the tenant or landlord must give to end the lease, the responsibility for maintenance and repairs, and the date rent is due.
My landlord is selling the place I rent. Will this terminate the lease?
The lease is still a binding contract to the new owners unless stated otherwise in the lease. The owner (current or new) and the tenant may mutually negotiate an early termination of the lease. This often involves assistance to the tenant for moving related expenses.
I just found out that my landlord doesn't have a rental license. Does this mean I can terminate the lease?
NO. A lease is a binding contract between two or more entities. Lack of a rental license does not void a lease contract, unless the unit does not qualify for a license and is in fact an "illegal dwelling unit."
I think my apartment is uninhabitable and I am going to stop paying the rent until my landlord makes it livable. Can I do this?
A tenant should get legal advice from an attorney prior to exercising this remedy. Only in extreme conditions may a tenant vacate the premises and stop paying rent. This remedy should never be attempted without first talking to an attorney! NOTE: THIS HAS CHANGED GIVEN 2008 LLT LAW.
My landlord has asked me, six months before my lease is up, whether I want to re-lease. Can they do this? What happens if I sign a lease in advance and something comes up and I can't stay or afford the rent? Is the lease still valid?
Landlords CAN ask tenants, months in advance if they plan to renew their lease. Basically, landlords are under no obligation to re-lease to a tenant (and vice versa) once a lease term is up. Asking a tenant if they plan to re-lease provides the tenant with the opportunity to opt into the lease for another year term. However, once a lease contract is signed, it is binding. Be certain that you would like to stay in the property for the time and conditions outlined in the lease, prior to signing any lease document.
I am on a year lease. How much notice do I have to give when terminating the lease? Do I have to submit my notice in writing?
Typically, year leases require a 30 day notice (unless some other period of time is specified in the lease). Review your lease to see whether or not notice is to be given in writing and any other parameters around termination of the lease. However, putting your notice in writing can help assure that your notice is received and acknowledged by the landlord.
My tenants are on a month-to-month lease. How much notice do they have to give me prior to moving out? Does it have to be in writing?
A month-to-month lease is a rental agreement for a one-month period which is renewed automatically each month for another month until properly terminated by either party. If someone previously had a lease which was not renewed, but the individual remained a renter, then the lease is considered to have rolled over into a month-to-month lease. The terms for termination and some other rights and obligations established in the expired written lease may still be applicable unless altered with the knowledge of all parties. A tenant should give written notice of intent to terminate by mailing or hand-delivering a copy to the landlord.
To terminate a month-to-month lease, written notice of intent to terminate must be given at least 10 days before the last day of the rental month which has already been paid, that is, 11 days prior to the next rental payment due date. In a written lease for example, start from the day when the rent is due then count back 10 days. If there is evidence that both parties acknowledge the receipt of notice (such as ads having been placed in the newspaper) failure to give notice in writing will not automatically obligate either party to another month.