Managing a rental property is no easy feat and is certainly not without its questions and concerns. Things happen, whether a tenant fails to pay rent, or a situation escalates to an eviction; there is no limit to the questions that arise while renting out your home. So with the help of Tschetter, Hamrick, and Sulzer Law Firm, we’ve decided to answer some common landlord questions about Lease Terminations and Notices.
1) I am not renewing my tenant’s lease and gave her a thirty-day notice. When I handed her the notice she didn’t read it, she just dropped it on the ground, so I read it to her. I then gave it back to her but she wouldn’t take it, so I dropped it on the ground. Is this considered a valid notice?
A) So long as she was notified that you were giving her the notice and you didn’t take it back, most judges would consider this adequate personal service. If she doesn’t vacate in 30 days, an unlawful detainer (eviction) action may be filed in court.
2) I have a month-to-month rental agreement with a tenant and have given the tenant a 60-day notice to quit. Since the service of the notice, the tenant has not paid the rent so I served him with a 3-day demand for rent. Did that void the 60-day notice?
A) The 3-day notice would not invalidate the 60-day notice unless you asked for rent that went beyond the 60-day period.
3) I have a lease with a tenant that terminates next month, and he has been given notice that the lease is not being renewed. If he does not vacate, do I serve a Notice to Quit?
A) An eviction may be filed based solely upon the notice of non-renewal. However, if the written notice does not meet the statutory requirements, you may have to serve a Notice to Quit.
4) We have a tenant who gave us verbal notice to vacate the premises. How do we calculate the rent owed?
A) A verbal notice is not effective to terminate the lease; most leases require notices to be in writing. The notice time begins to run when the written notice was served. The tenant is still responsible for rent according to the terms of the lease, and every lease is different on the lease break.
Landlord questions and answers provided by Tschetter, Hamrick, Sulzer Law Firm; serving Denver and Colorado Springs with all landlord- and eviction-related legal matters. For more questions and answers, check out their website at http://www.thslawfirm.com/