Q: Does email count as "proper written notice" in Colorado when subletting as a small business?
I own a small business in Colorado and the last couple of years, I've sold my items through a consignment shop. We agreed to a monthly rent payment for space in their store along with 30% of our total sales. There are numerous vendors that they do business with in this way. We initially signed a 6 month lease and according to our lease, unless we give 30 days notice, the lease would continue on a month-to-month basis. In the middle of the 6th month, the proprietor emailed all vendors to say rent was going up. Is email considered "proper written notice" about the increase in rent? They take rent out of sales and direct deposit the remainder in my bank account and I didn’t catch it until it had been a few months in because I was severely ill for a good portion of that time. Because I let this happen for 6 months does that mean that I agreed to the rent increase or could I possibly have legal recourse in this matter?
A: If your 6 month lease expired and you are paying month to month the landlord can raise the rent almost at will. The method chosen by the landlord is irrelevant--so email works. Of more importance is the time you were given; the normal method is notifying the tenant of the rent increase at least 30 days in advance. but that does not necessarily mean you will stay on the same schedule. For example, if the landlord was 15 days late in telling you the rent was going up, a court may agree that the new rental amount is due 30 days from the date of notice, which would be in the middle of the next month. That would also require a pro-ration of rent amount too.
Tim Akpinar agrees with this answer
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