Parker, CO asked in Landlord - Tenant for Colorado

Q: Amount of notice required to exit a month-to-month lease?

I am currently living in an apartment with a 12 month lease, which is ending at the end of this month. I've changed jobs and am now going to be working somewhere that's not conducive to living in this apartment. My thoughts were to do month-to-month until the end of next month, after which I would move out. I talked to my apartment office about it, and they pointed to my lease, which states I need to give 60 days notice. The exact verbiage is: "This lease contract will automatically renew month-to-month unless either party gives at least 60 days written notice of termination or intent to move out..." I looked up the state requirements for exiting a month-to-month lease, and according to Colorado C.R.S. 13-40-107, the required notice for a month-to-month lease is 10 days. My question is: does the terms in the lease trump Colorado law? Am I required, due to the terms of the lease, to give 60 days notice, or am I able to give 10 days, based off the laws?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: As a general rule, a lease agreement can trump most provision of the Colorado Revised Statutes (the sections that cannot be contractually limited will say so in the statute itself). The 60 day requirement is tied to the 12-mo lease, so it appears that you will be a hold-over tenant (month to month) for 2 months. You can challenge this clause in court that 60 days is unreasonably too long (most usually require 30 days), but the claim not that strong. Contact a lawyer for advice for your specific situation.

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