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Updated almost 5 years ago on . Most recent reply
Serving a Notice to move out
Hi everyone,
I had a question in regards to serving a notice to move out.
-i live in Denver CO and have inherited tenants on a month to month. I would like them to vacate because they are breaking some ordinances (too many people in the house, too many dogs)
-I'm not interested in trying to get them to abide by the ordinances vs just getting fresh tenants in.
anyways with all of this COVID stuff going on does anyone know if I can serve them a notice to vacate the property within colorado statue limits or is there a complete moratorium in place?
They have paid rent so it wouldn't be an eviction based off something like that.
Thoughts?
Most Popular Reply
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Per the Colorado Tenant Landlord Laws
Month-to-Month Lease
A month-to-month lease is a rental agreement for a one month period that is renewed automatically each month until properly terminated by either party. When a landlord and a tenant have not executed a written lease and rental payments are made monthly, a month-to-month lease is implied by law. A month-to-month tenancy is usually created when a tenant moves into a property and pays rent without signing a lease. It may also be created when an expired written lease is not renewed but the tenant remains in the property as a “holdover,” with the landlord’s consent. In such a case, if the written lease contains a clause stating that all lease provisions continue to apply after the written lease expires and the tenant stays on with a month-to-month lease, then the rights and responsibilities of each party, as defined by the expired written lease, remain in effect.
With any month-to-month lease, the landlord can raise the rent, change or terminate the agreement at the end of each month, with proper written notice to the tenant. The tenant, likewise, can terminate the lease at the end of the month with proper written notice to the landlord. Proper notice for both landlord and tenant must be written and received by the other party at least ten days before the last day of the rental month. (See C.R.S. § 13-40-107). However, a written month-to-month lease may specify a longer notice period, for example, 30 days or 60 days before the end of the lease term.
I would just follow that