No contract, giving 30 day notice mid month, Colorado

This is a discussion on No contract, giving 30 day notice mid month, Colorado within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Colorado Ok. I moved into my friends apartment last April and started paying half of the rent for the place. ...

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Old Jan 13th, 2009, 01:20 PM   #1
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Default No contract, giving 30 day notice mid month, Colorado

Colorado

Ok. I moved into my friends apartment last April and started paying half of the rent for the place. No contract was ever signed and I am not on the lease with the building. Any conversations we had regarding how long I would be there were vague. Statements like "I don't know, maybe a year or so?" , "I can see myself being here for awhile." The only thing we agreed on was that I would let her know in advance of moving- 30 days.
I have decided to move out. I told my roommate on the 3rd of January the I would be moving out. I didn't have a exact date, but a general idea. She said she would need a written 30 day notice. I have figured out that I can be out on Feb. 15. It is a little bit earlier than I expected (10 days). I wanted to give her my 30 day notice today (Jan. 13) and pay her for the amount of time I would be there in Feb. She has now demanded that I provide a written notice on the first of Feb. and pay for the full month of Feb. My question is- Since I am not on the lease or any type of written agreement of any kind, do I have to comply with her demands?

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Old Jan 13th, 2009, 03:18 PM   #2
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Default Re: No contract, giving 30 day notice mid month, Colorado

Your roomate can sue you in court if she feels there was a breach in your agreement or a rental guideline (law) was broken.
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Old Jan 13th, 2009, 04:10 PM   #3
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Default Re: No contract, giving 30 day notice mid month, Colorado

So, if I only pay for the days I am still there what is the validity of her case? I have a written 30 day notice and there are no written agreements regarding moving out or proper procedures for giving notice. Even conversation regarding the issue has been vague.
I realize that it sounds like I am trying to get out of paying up, but she has technically known since the beginning of the month, and knew it would be in Feb. sometime. She requested a written notice, which I have done.
I ask because I am not very familiar with laws regarding renting without a lease agreement.

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Old Jan 13th, 2009, 04:12 PM   #4
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Default Re: No contract, giving 30 day notice mid month, Colorado

There are many areas open to debate without a rental agreement.

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Old Jan 14th, 2009, 08:35 AM   #5
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Default Re: No contract, giving 30 day notice mid month, Colorado

This area is not open to debate, but a matter of your state laws. Look through LL-Tenant laws for your state to find a section about terminating the agreement. Since you have no written agreement (no lease), you fall under month to month or tenant at will agreements. You are looking in those statutes for the exact language of when you must give notice.

State laws on giving notice fall into 2 categories - term states and literal day states. Term states' laws say you must give notice on or before the rent due date (the 1st in most cases) or so that the move out date coincides with the end of the rental period (end of your month). Some language like this is written into term state statutes. If you live in a or before the the 1st (if you pay rent on the 1st) and be out at the end of the month. The notice does not take effect until the beginning of the rent term and ends with the end of the rent term. You would have to pay for the entire month of February.

If the section on termination and notices is silent, or states only that 30 days notice are due, you live in a literal day state. You can give notice in mid-month and count (literally) 30 days from that date and pay rent for only that period of the next month.

You must determine if you are in a literal day state or a term state to determine the correct answer to your question. Look under CO Revised Statute 13-40-107 to find out when you must give notice.
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Old Jan 14th, 2009, 08:38 AM   #6
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Default Re: No contract, giving 30 day notice mid month, Colorado

I apologize. The sentence in the second paragraph should read as follows:

If you live in a term state, you must give notice on or before the the 1st (if you pay rent on the 1st) and be out at the end of the month.
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