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Read further to learn more about the residential lease termination process in Colorado and how many days notice are required in which situations.
What is a Lease Termination Notice?
A residential lease termination notice is delivered to a tenant when a landlord requests to end the lease agreement. The ultimate goal of this notice is to have the tenant move out of the property within the specific time frame indicated by Colorado law.
Sometimes, either a tenant or a landlord will require the early end of a lease agreement, and when this is the case, a lease termination notice is required. For a landlord, this can be a document that’s needed when a tenant has violated the terms of the lease agreement, and it can be a much more convenient way of ending a lease without eviction proceedings, which can be costly and complicated.
It’s important to note that a landlord isn’t required to give a tenant a precise reason for the termination of a lease, but discriminatory or retaliatory lease cancellation is illegal. A lease termination notice is a legal document that needs to at least 21 days of notice before the proposed move out date. In addition to its use by a landlord, a renter can also use a similar document to announce the end of a tenancy outside of the dates provided in the lease. The same period of at least 21 days must still be honored.
For a tenant, this type of notice can be useful for getting out of a month-to-month lease, especially when a landlord violates the rental agreement or doesn’t perform adequate upkeep of the rental property. This can be in situations when the failure to take care of the property endangers the safety of the rental or the health.
How to Write a Lease Termination Notice in Colorado
When a landlord is opting to write one of these lease termination notices, it’s essential that all of the pertinent information is provided. Much of this info will come from the original rental agreement, but there may be supplemental information that will need to be provided. Here are a few pieces of information that will need to be covered:
For this part of the termination notice, the tenant will have to be directly addressed and notified that the intent is for the renter to quit the premises within the prescribed amount of time. The full name of the recipient of the notice must be provided first, so a section with an allotted space for the name should be at the top of the notice. If there are multiple tenants dwelling on the property, then a proviso of “any and all tenants” must be labeled in this area.
Next, the landlord needs to specify the location of the property in question. To fill this out properly, the landlord will need to enter the street address, city, and the county of the property. If this property is located on a lot, subdivision, or block, then this information needs to be provided as well.
If the lease termination is the result of a breach of the rental agreement, this part of the notice can feature this information. Some information that can be placed here will include the period of the original lease and the lease terms. In many cases, the law will also require that the landlord place the reason for the lease termination in this section of the notice. This information can be placed directly underneath the address information for the property.
In some cases, the law does not require this section, especially in cases where the rental agreement establishes that the rental of the month-to-month variety. This section of the notice should also include the exact date that the tenant is expected to quit the real property.
When providing one of these notices to an applicable property owner, the tenant will need to provide some critical information before the notice is deemed valid. Not only will the tenant have to include the notice date, but the county of the premises must also be provided underneath the Certificate of Service.
Check off the Appropriate Information
For a lease termination notice, there will be two options to check potentially. Which box is checked will depend on the specifics of the case, and it’s essential to provide as much information as possible here. The first checkbox will specify that the information is being delivered directly to the involved parties, which can be either a tenant or a landlord. It is essential that the full name of the affected parties is presented in this notice.
The second checkbox will indicate that the notice has been posted somewhere it can be seen by the related parties. For those presenting the information this way, the address of the property as well as the other party’s information will need to be posted clearly. This can be on the door of the affected unit. In this way, the tenant can see it when arriving on the premise.
The landlord or tenant will need to date and sign the notice so that the move out period can begin. In many situations in the state of Colorado, the serving of letters and notices of this type will have to be completed by a third party. This third party, which is called the delivery agent, will need to provide a signature as well stating that the legal document has been delivered to the appropriate parties.
Colorado Laws on Breaking a Lease
For tenants, Colorado has laws that protect some renters from incurring massive charges when filing one of these notices. These include when a tenant is starting active military duty, is a victim of domestic abuse, the residence is unsafe or violates Colorado safety codes, or the landlord violates the rights to privacy of the affected tenants. Should any of these circumstances become evident, the lessee will not have to pay the remaining rent for the lease term.
The Next Steps
Upon completion and receipt of the notice, both the landlord and the tenant should go over a few things to ensure propriety. On or around the last day of residency, the landlord and tenant should walk through the property to assess any damage and to determine if the security deposit will be returned to the renter. Additionally, this time can be used to transfer any utilities back into the landlord’s name or cancel these utilities during the period where the premises will be unoccupied.