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I gave my landlord verbal notice that I was moving out in mid-December. I'm renting the basement apartment of a house and my daughter and her family are renting the main floor. We signed a lease through October 2009, but a house I had a contract on back in the summer came up for sale again and I bought it (I closed on Dec. 30, 2008). My daughter and her family will be living on the main floor of the house I'm buying and I will be living in the basement apartment. I felt bad about our moving out so early in the lease so I offered to list the property for her. We listed on Craig's List. My real estate agent listed it in the Colorado Springs MLS. I posted a For Rent sign in front of the house with my daughter's and my numbers. There are two renters who want to rent, but the landlord doesn't want to rent to the first one because there are too many people in the family and the second for some other reason. Are we obligated to pay her through October of 2009? We live in Colorado.

Submitted: 285 days ago.

Category: Real Estate Law

Value: $20

Status: AWAITING CUSTOMER ACTION

Colorado Springs, Colorado

Already Tried:
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Accepted Answer

If these renters are qualified to rent the premises, then you can object to paying the rent as the landlord has failed to exercise their duty to mitigate. First, you need to make sure what the maximum occupancy requirements are for that local area (contact city or county for municipal code). Generally there should be at least two people per room, so if the first candidates are to large for the home, then the landlord has a defense there. Not sure what the reason was for the second candidate, but if the candidate is credit worthy and qualifies for the rental, then you can object to paying anything further as the landlord is breaching the duty to mitigate. Your agent should be able to tell if the candidates were qualified to rent.

You can review the basic of Co landlord tenant law here

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Accepts:
Expert:	lawNinvest
Pos. Feedback:	100.0 %
Answered:	2/11/2009

Lawyer

Lawyer, Broker and Just Answer Legal Mentor

285 days ago.

Reply

The upstairs has two bedrooms, living room/dining room (large), kitchen, bath. Family has husband, wife, two toddlers. Basement has living room, kitchen, 3/4 bath, bedroom, extra other room, dark room. Family same as upstairs family.

Posted by lawNinvest 285 days ago.

Answer

From the information you provided, both seems to qualify in terms of occupancy. If they are credit worthy and income worthy to pay the rent, then I don't see why the landlord has refused them.

_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

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