Early Lease Termination

[Seldon]

Hi Nathan, I am a licensed Realtor in the State of California and have a question regarding lease termination in Colorado. I am hoping I gave my sis the right advice.

Her hubby received a call today from the landlord telling them they would need to vacate the subject property by 8/22/11.I confirmed this was a verbal request, not written. I then advised my sister to first pull out their lease agreement. Their lease is due to expire in 2012. Next I asked her to read through the document to search for early termination clauses or other terms and conditions. Unfortunately I do not have a copy of the lease agreement yet. Then I advised her that since she has a fully executed contract that a verbal request is simply not sufficient, not to mention I have never heard of anyone receiving a twenty day notice. My sister suffered a stroke about ten years ago. She has a pacemaker, and less than three weeks ago she suffered a heart attack that was severe enough to trigger her de-fibrulator to go off. She is a high functioning individual, however, she must live on the lower level in any housing as she also has need for oxygen.

I told her that if I were to be in her shoes or had a client in her shoes I would send a letter confirming that they did in fact receive a phone call requesting them to vacate the premises on 8/22. I would also include the fact that their lease is not due to expire until 2012. I would include that in the event that the landlord can find a property of equal or better value that they would consider terminating the lease early. I would also include that they would compensate for moving expenses. Not knowing the laws in Colorado and if they vary from those in California, have I done right by my sister by providing this advice???

Thanks in advance for your assistance. I look forward to your response. Warmest regards, Jane Thurmond

[marq]

Jane,

Here's what the law stipulates in Colorado:

13-40-107. Notice to quit.

(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:

(a) A tenancy for one year or longer, three months;

(b) A tenancy of six months or longer but less than a year, one month;

(c) A tenancy of one month or longer but less than six months, ten days;

(d) A tenancy of one week or longer but less than one month, or a tenancy at will, three days;

(e) A tenancy for less than one week, one day.

(2) Such notice shall describe the property and the particular time when the tenancy will terminate and shall be signed by the landlord or tenant, the party giving such notice or his agent or attorney.

(3) Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown.

(4) No notice to quit shall be necessary from or to a tenant whose term is, by agreement, to end at a time certain.

(5) Except as otherwise provided in section 38-33-112, C.R.S., the provisions of subsections(1) and(4) of this section shall not apply to the termination of a residential tenancy during the ninety-day period provided for in said section.

You should start by looking at her lease agreement and determining how long her contract is for.  If it's longer than one year, the Landlord has to provide written notice at least 90 days prior.  If it is less than one year, he has to give her at least 30 days notice in writing.  Check the lease agreement closely because there may be additional restrictions on the Landlord and they will be legally binding as long as they don't contradict what is in the law.

One you've determined the length of her agreement, contact the Landlord and advise him of his responsibility to provide notice in writing.  He can't remove her any earlier unless it's for a lease violation.  I also recommend you find out why he wants her to leave.  This might enable her to work something out or seek his assistance in finding new accommodations.

I hope this helped!