Legal Question in Landlord & Tenant Law in Colorado
In colorado springs The natural expiration of my lease is August 31st 2016 but there is a clause that the lease will "automaticly renew month-to-month" unless a 60-day written notice is provided. The landlord wishes to hold me rent responsible for 60 days even past the natural expiration of the lease. Additionally, the contact reads $560 per month with no details of rental rate increase for the month to month period. However, the landlord mandates rental increas for that month-to-month basis to be $710. Can I leave at the natural expiration of the lease without rent responsibility or 60 day notice? Can they increase the rent based on a letter they put on my door that we never signed or agreed to the rental increase, which is not in the original lease contract we signed?
1 Answer from Attorneys
No, you cannot ignore the requirement to provide 60 days notice if it is in your lease. You need to read your lease and follow it.
I also think the landlord is wrong about trying to increase the rent. He is likely bound by the same rent and notice provisions of the lease. It is a two way street.
To increase the rent beyond what the written lease provides, he needs to cancel that lease (with 60 days notice) and start the new rent. Otherwise, without other language in the lease, the month to month tenancy would be at the same rate as in the lease.
All of this may be affected by the actual wording of the lease, so you should sit down with a lawyer to review the lease if you actually intend to rely of the lease provisions.
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