Legal Question in Landlord & Tenant Law in Colorado

Hello there!

I am currently in a 9 month lease (September 2, 2012-June 2,2013). With only 1 month to go I was curious on why I hadn't received a notice to vacate. I wrote them an email and in return got a response saying that if i still wanted to get out by June 2, I would have had to given notice one month ago because they have a 60 day notice period. They tried to explain to me that they had given us a written notice on our door as well as multiple phone calls in which my roommates and me never received. At no point while going over the contract did they say anything about a 60 day period either. However, after tedious examination, I did find where it said this. I made it very clear that I wanted to be out by June 2, because I am a student and In the military and I have training all summer long- therefore, I have no reason to stay and pay extra money for a place that will not be occupied. Upon further review I also noticed that every page was only initialed by roommate and I and not the leasing agent. Could this be a deficiency worth looking into? Thank you!!


Asked on 4/29/13, 6:35 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Hello,

As always, I wish you would have posted here or spoke with an attorney before you signed this lease. You are now well behind the eight ball.

The landlord has no obligation to orally explain a written contract so they don't have to point out anything. It is your responsibility to review the lease and understand the terms. If you find terms that are not acceptable you then negotiate and have that written term revised before you sign. You didn't do that, unfortunately.

As to this notice to vacate, that makes no sense. Unless the lease requires them to provide a notice to vacate, that is not normally what happens. If your lease has this clause you may have some options. Normally, and what is the case here apparently, is that the lease has a certain notice date to terminate. While the term may be X the lease then may provide that it just continues month-to-month absent notice to the landlord.

Please do now what should have been done at the outset, namely speak with an attorney to review your lease and give you options on your rights and strategy. Good luck.

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Answered on 4/30/13, 8:32 am


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