Legal Question in Real Estate Law in Colorado

In Colorado, what is the minimum time a lessee can give notice not to renew a commercial lease--if it is not specified in the lease? Lease was for 6 months. I gave notice 3 days before the end of the lease I would not be renewing. The landlord is saying he will not give back the deposit because I did not give enough notice.


Asked on 1/05/11, 11:11 am

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

To answer this question will require a review of the lease and other facts. You either had a periodic tenancy or a definite term tenancy. If the lease was periodic, and did not include any specific terms that required a different notice period, the notice to terminate must comply with C.R.S. � 13-40-107(1). If it was a six month periodic lease, that requires a month notice. If you had a definite term lease (say only six months) then no notice is required and you must vacate by that end of the definite term. The lease can provide that you must, however, give notice to vacate and that would control.

In short, it really depends on the EXACT language of your lease and other facts. Accordingly, you really need to provide the lease to an attorney to be sure.

As to the landlord saying they will keep the deposit, that right depends on if they had damages and attempted to mitigate their damages. That means that the landlord should have taken steps to immediately lease the property. If they did not do that this can be a defense.

I strongly recommend that you contact an attorney to review your matter.

DISCLAIMER�This answer is for informational purposes only and is legal advice regarding your question. This answer does not establish an attorney client relationship.

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Answered on 1/11/11, 1:14 pm


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