Legal Question in Landlord & Tenant Law in Colorado

No Lease Signed/E-Mail Only

There is a line in my expired lease that state '' The term of this lease is a periodic tenancy commencing at 12 noon and continuing on a year to year basis until the land lord or the tenant terminated the tenancy July14,2006 to July 31,2007. We were late with the rent last year and our landlord talked about eviction. Than he asked us in July 2007 if we wanted to renew and we e-mailed him that we did. He has never presented us with a new lease to sign and we think that is so he can ask us to leave if he wants to at any time.

We want to terminate our tenancy with proper notice are we within our rights to do so ? We have never signed a new lease.


Asked on 11/15/07, 8:40 pm

1 Answer from Attorneys
Joseph T. Bernstein

Re: No Lease Signed/E-Mail Only

Your lease is on a "year to year" term. Because you renewed the lease with your landlord, the lease renews itself for one year beginning on July 31, 2007. Therefore, the term of your lease is now through July 31, 2008. Neither you nor your landlord can terminate the lease prematurely, i.e., before July 31, 2008. However, there may be some other provision in the lease that allows you to terminate the lease early, or you may be able to negotiate this issue with your landlord. You may also be able to consider a sublet or assignment, which will allow you to rent the apartment to someone else and terminate the lease that way.

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Answered on 11/16/07, 6:46 pm


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