A Colorado month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.
Note: For fixed term leases in Colorado (i.e., 1-year), click here.
How do Colorado Month-to-Month Lease Agreements Work?
A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.
Once the lease is active, both parties are given full rights under Colorado landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.
How Much Notice is Needed to End the Lease?
In Colorado, either party may terminate a month-to-month lease agreement by giving notice. State law requires not less than the period fixed before the end of the applicable tenancy for termination, which is as follows CO Rev Stat § 13-40-107:
- A tenancy for one year or longer, 90 days’ notice.
- A tenancy of six months or longer but less than a year, 28 days’ notice.
- A tenancy of one month or longer but less than six months, 7 days’ notice.
Notice must be provided in written form.
How Much Notice is Needed to Raise the Rent?
Generally, a landlord must wait to renegotiate terms at the end of the lease agreement to raise the cost of rent. In Colorado, if the lease agreement states that rent may be raised, the landlord may raise the rent or change any other lease terms by providing at least 7 days’ notice.
If the tenancy is one month or longer but less than six months, and there is no written lease agreement, a landlord may provide a 60 days’ notice. CO Rev Stat § 38-12-701
Notice must also be provided in written form.
Are There Notice Delivery Requirements?
In Colorado, a copy of the notice may be left with the tenant, an individual who is 15 years or older, or by posting a copy in a conspicuous place on the premises. The law, CO Rev Stat §13-40-107 states that the notice must describe the property and the particular time when the tenancy will end. The notice must be signed by the landlord or tenant and the party that is providing the notice (either by the agent or the attorney).
How are Month-to-Month Tenants Evicted in Colorado?
After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.
If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in Colorado. The process for eviction can be completed in 2-4 weeks, but can take longer depending on the circumstances.
For more information on the eviction process in Colorado, click here.