Q: when is a lease terminated in Colorado? is it at the end of the term or can it be terminated before the end of a lease?
lease term was till July 31 2018, gave notice may 30, returned keys and vacated property on June 4. Received security deposit letter stating he was keeping all my deposit on august 23, so 80 days after surrender of premises. gave 7 day demand letter with intent to sue, deposit was not returned. Sued in small claims court for treble damages and was ruled against by the judge because the landlord sent me a email saying that she wanted me to pay the rent for July because they hadn't rented it out (after i had moved out). i refused and said i wanted a itemized bill. the judge's reason for ruling against me was "It was the landlords intent to continue the lease because she asked for the rent for July, therefore his letter about the security deposit was timely" i believe that they showed their intent to terminate the lease by accepting the keys. if their intent was to continue the lease then they wouldn't have accepted the keys. i want to appeal, should I? TIA. crs 38-12-103
A: You have the right to appeal. But, based on the facts you present, I do not expect it to be successful. The issue here is when did the lease end. Your providing notice and returning the keys is not a termination of the lease without the landlords agreement to termination. He accepted possession but that does not equate to an agreement to terminate the lease.
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