Q: What is the length of notice a landlord must give for a notice to vacate?
We have lived in our home just short of four years, first year was on a lease, now we are just a holdover. Two weeks ago Landlord put the house up for sale, within days it was under contract. The home inspection is Saturday. I am told to expect a 30-day notice after it is completed. I read CRS 13-40-107(1)(a) as that I should be allowed a 91-day notice since I have lived here for over a year. Do I need to honor a 30-day notice? There is no local housing and we are facing being homeless. Obviously I will continue to make the rental payments during the 91 days.
A:
The statue that you refer too is often misunderstood. Whether or not you have the right to 90-days notice is dependant upon your lease (even though you think it is expired).
If you refuse to move based on the note, the Landlord may bring an eviction action at which time you'll have the opportunity to dispute the validity of the Notice to the Judge.
I recommend having an attorney review the facts and the lease and possibly negotiate on your behalf with your landlord.
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