Full question:
My Lease agreement, under the section called 'Ending or renewing the lease agreement' says, 'At the end of the lease term, this lease agreement shall automatically continue on a month to month basis. The landlord or tenant may end this lease agreement by giving to the other 30 days prior written notice before the end of the lease agreement.'This is stated exactly the way it is in the contract. Does this mean I (the tenant) can end the lease at anytime as long as I provide 30 days notice? That is all it says under that section and it's not addressed anywhere else in the agreement.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Colorado
Answer:
If you have a lease, the lease terms may contain terms for early termination. It is not clear from your question, since I cannot see the entire lease, whether the sentence you quote regarding ending the lease is limited to the time frame after the lease is over or whether it is for all time during your tenancy.
Typically, the lease terms control since it is a written contract between you and the landlord. If the section you quoted is the only section that discusses lease termination (other than for a breach of the lease for non-payment of rent or other circumstances), then it may be fair to conclude that the 30 day notice requirement would allow a tenant to end the lease before the lease ends (or is renewed again).
If the lease terms don't allow for early termination, the tenant may be held liable for the remainder of the lease, unless the tenant can prove a breach of the lease terms by the landlord. However, the landlord has a duty to mitigate (lessen) damages by making reasonable attempts to relet the premises. This generally means that the landlord must advertise the premises and make attempts to show the premises to prospective tenants. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved, whether reasonable attempts have been made to relet the premises.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
