Legal Question in Real Estate Law in Colorado

Leasing contracts and payment fo rent

If you are leasing a home, (Example of my situation) is it possible for a land lord to charge you rent on January 25th and then at the end of the month when your lease is up, the landlord tells you that you have to pay rent on Febuary 1st or he is going to give you a three day eviction notice? How is it possible that I have to pay one months rent and then five days later have to pay another three months rent or I will recieve an eviction letter? Are my rights being violated? What can I do to solve this discrepancy?


Asked on 10/09/97, 8:02 pm

2 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Rental Payments Charged Close in Time

In most states one has to look at the leaseagreement.If you are on a month to month whendoes the first day of the month begin. If youmoved in on the 25th, your next payment is dueon the 25th of the following month unless thelandlord charged you a pro rata for the six daysof the month you moved in. Assuming that he didnot, in my opinion in most states what the landlorddid was improper. However, check with a local attorney to see if there are any laws to thecontrary.

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Answered on 10/09/97, 9:16 pm

Rents charged close together

Adding to what Gerald Hershanson wrote, I would say that 1) Even getting an eviction notice in many states is just the beginning of a procedure that you can interrupt and does notmean you can be moved out -- as long as you respond correctly.But you may as well get it straightened out.2) Is there a lease??? What does it say? Did it expire? 3) You mention three month's rent! What's the thinking on that?4) Agreeing again with Gerald, it is very unlikely that anyone expects you to pay a whole month's rent for just the last week of September. Rent rarely starts owing until you have possession ofthe premises, and L.L. can't charge a month's rent for only one week unless you specifically agreed to that.

Landlord / tenant law is a very technical field. It's best to consultan attorney who specializes in that area, in YOUR state!By the way, those attorneys, in spite of being specialized, don't charge very much. I'd venture to say that a tenant'sattorney actually charges less than a generalist who is willingto take on a tenant case. So at least give one a call.

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Answered on 10/10/97, 1:25 pm


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