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Updated over 3 years ago on . Most recent reply

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Ryan Eldridge
  • Boise, ID
1
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5
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More than 30 days Notice on a month to month tenant in Denver

Ryan Eldridge
  • Boise, ID
Posted
Hello, 

We are selling a place and want to serve the tenants with notice. They were on a lease that expired and are now on month-to-month as spelled out in the original lease documents. The original lease document says if the lease is not renewed it will continue month-to-month and require 30 days notice from either party to terminate.

My tenants are saying that since they have been in the place for longer than a year they are required to receive 60 days notice. Can anyone point me to where this is a requirement?

Thank you,
Ryan

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Eric Bakken
  • Investor
  • Golden, CO
1
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Eric Bakken
  • Investor
  • Golden, CO
Replied

Here's what I found:   If it's not in writing - it's in the law as 10 days.  pasted with lots of mistakes from https://www.colorado.gov/pacif...

 month-to-month lease isa 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 executeda written lease and rental payments are made monthly, a month-to-month lease is impliedby law.A month-to-month tenancyis usually created when a tenant moves into a property and pays rent without signing a lease. Itmay also be created when an expiredwrittenlease is not renewed but the tenant remains in the propertyas 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 leaseexpires and the tenant stays on with amonth-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, awritten month-to-month lease may specify a longer notice period, for example, 30 days or 60 days before the end of the lease term.

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