Legal Question in Landlord & Tenant Law in Colorado
I live in the State of Colorado and my 10 month lease states that I have to give my landlord of my apartment 60 days notice to vacate/not renew my lease. However, per state statue C.R.S. 13-40-107 (2015) : (1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows: (b) A tenancy of six months or longer but less than a year, twenty-eight days;. My apartment Management is pretty set on the 60 day limit and is threatening to charge me up to the 60 days at a higher rate. Is there anything I can do? Does state statue trump the 60 days as stated in the lease? Thanks for the help.
1 Answer from Attorneys
No, sorry. The state statute provides the minimum notice if the lease doesn't provide otherwise. You agreed to a longer notice period when you signed the lease. That is binding. That said, the landlord has a duty to mitigate his damages by trying to rerent the property. If he can find a new tenant in less than 60 days, he cannot charge you for the full 60 day period.
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