Q: 60 day notice issues
1) If I gave my apartment manager written 60-day notice and they discarded/lost it, can I still be punished as though I didn't give it at all?
2) Does it even matter if my apartment on my lease is a different apartment than the one I'm being charged for?
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- Colorado
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A:
I am speaking solely in the context of events occurring in Colorado.
1) If you gave your apartment manager proper notice under the lease, it should not matter if they lost it or are unable to find it. I would hope you kept proper documentation. If so, the best course of action may be just to provide them with the notice that they lost. That being said, every situation is different.
From a practical standpoint, if you cannot prove that you provided proper notice and your landlord is stating that they did not receive it, it could be a problem.
Regardless, you should contact an attorney.
2) It may. It depends on the circumstances. Many landlords use templates to write their leases. The leased location is a material term of the contract. In some circumstances, if there is a material misunderstanding as to this provision, it can void the entire contract. In those cases, a month to month tenancy can arise or another form of the original contract may emerge. In other cases, the contract could be completely enforceable. Again, you need to talk to an attorney. Contract law is complex and the results vary depending on the circumstances.
Please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney. Larranaga Law offers free case evaluation. Please note that representation is not guaranteed.
Sincerely,
Michael Larranaga
Larranaga Law
Website: www.larranagalaw.com
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