Legal Question in Real Estate Law in Colorado
Should a tenant have to pay 30 days rent after notice, even though they vacated
We have four roommates on a month-to-month lease renting a home of ours. Three of the roommates are moving out due to personality conflicts. The three gave notice, paid rent for the next thirty days, and two of them have already COMPLETELY vacated. Although they have not turned in keys yet, they told me that they have no interest in living in the house for the remainder of their term. I don't foresee any problems giving their deposit back, as they were all good tenants up until this conflict. Is it legal to allow a new roommate to move in immediately? And if so, do I have to give the other three roommates their rent back?
1 Answer from Attorneys
Re: Should a tenant have to pay 30 days rent after notice, even though they vaca
Your lease should spell out what you can and cannot do regarding subletting.
If the tenants who are moving out signed the lease as tenants, you probably need the landlord's permission to substitute someone else.
If you are the only person who signed the lease, what does the lease say about subtenants?
Whoever signed the lease is on the hook for the full lease term unless the landlord consents otherwise.
If you own the property, and are therefore the landlord, and no lease was signed, the law implies a month to month lease,unless evidence indicates otherwise.
If you are the landlord and a new tenant replaces an old one, you should refund any rent paid by the new tenant for time the old tenant has paid, less your expenses in fixing the room or finding the new tenant.
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