Q: Is the notification that we sent to our tenant enforceable? Can we deduct unpaid rent from damage deposit? We are in CO.
We had a month to month lease with our tenant. We have decided to sell our house and requested she move out to list the house. On March 4th, we gave her 45 days in writing, with a final moveout date on April 17th. (she was paid through March). We also stated that her rent would be prorated for April. We also told her to submit a 30 day notice in writing if she wanted to leave earlier that the 45 days we gave her. She acknowledged receiving this notification. She however left at day 28 which was March 31st and said she doesn't think she needs to pay us for the full 45 days (additional $850 for April 1-17). Can we enforce written notification that we sent to her? There was nothing in our lease about giving us notice. She submitted a letter to us March 27 (5 days prior to April 1st) and stated she was moving March 31st. What can we enforce? If enforceable because of our notice can we deduct it from her deposit (even though taking unpaid rent from her deposit is not defined in lease)?
A:
Are you likely to win in Court if you sue for the partial April rent? On a Month to Month contract with does not specifically require notice - No.
Can you withhold unpaid rent from a security deposit if the lease is silent as to your specific rights here? Yes - assuming you have the right to withhold rent, this is a damage for which the security deposit is meant to be used.
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