Full question:
If I have a month to month lease, is a 10-day notice all that is required by Colorado law?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Colorado
Answer:
The answer will depend in part if there is a written lease and, if so, the term of the lease. A tenant without a written lease is generally considered a month-to-month tenant-at-will if rent is paid monthly. In Colorado, a tenancy at will may be terminated by a written notice of three days. If a tenant is still considered under a monthly lease, a 10 day written notice may be served. A verbal notice to quit is not legally enforceable.
Please see the following CO statute:
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.
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.
