This question comes from the tenant side. Today I gave notice to my apartment that I would not be renewing my lease at the end of its term. (I didn't provide it any sooner because the closing wasn't in the bag yet). They informed me that 60 days was required and does not count until the beginning of the following month. Rent would be due for the following 60 days. This would take me out 3 weeks past my original contract date. An extra ~$600 out of my pocket.
I read the lease again and I initialed that page stating such fact. Can't argue that, but I also reread Colorado Revised Statutes and I think the lease is contrary to to my states laws.
I really don't want to be a problem tenant and I agree I signed the lease, but I also think I am being taken advantage of. Heck, since I'm leaving 1 month early and will be paying rent on an empty apartment, I even mentioned we could work a deal that would benefit both sides if they would need the unit early. Its their most popular style for the area.
I'm not asking for legal advice, but is this something worth pursuing?
Can I just show them this statute and make it easy on everyone?
Should I consider legal council? (Yes I know it could cost me more then the $600, but this is a principle thing.)
I read the lease again and I initialed that page stating such fact. Can't argue that, but I also reread Colorado Revised Statutes and I think the lease is contrary to to my states laws.
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.
I really don't want to be a problem tenant and I agree I signed the lease, but I also think I am being taken advantage of. Heck, since I'm leaving 1 month early and will be paying rent on an empty apartment, I even mentioned we could work a deal that would benefit both sides if they would need the unit early. Its their most popular style for the area.
I'm not asking for legal advice, but is this something worth pursuing?
Can I just show them this statute and make it easy on everyone?
Should I consider legal council? (Yes I know it could cost me more then the $600, but this is a principle thing.)
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