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We were served a notice that our lease is being terminated…

Customer Question
We were served a...

We were served a notice that our lease is being terminated by the owner because they want to sell the property

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Colorado

Lawyer's Assistant: Has any paperwork been filed?

The property manager attached a notice to the door 59 days ago stating our lease is being terminated by the property owner because they want to sell the property and 2 days ago another notice was attached stating we have 72 hours to vacate the premises because of hoa violations

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 14 minutes by:
9/29/2017
Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 31,459
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago

Good afternoon. A landlord cannot terminate a lease early simply because the landlord wishes to sell the property, unless the lease expressly gives the landlord such a right. If a rental property is sold, the new owner/landlord must honor a rental contract existing at the time of the sale. All lease terms, including the termination date and the amount of rent, must be honored by the new owner/landlord unless the new owner/landlord and the tenant agree to make changes. As such, if the lease is silent, it would not be a basis to end the lease. As for a lease violation, the tenant needs to be given a notice of it and a chance to cure, so if this was not done, it would not be a basis to vacate, unless there was a substantial breach.

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Customer reply replied 7 months ago
Thank you. I don't believe the notices that have been attached to the door are legal they are not notarized but I don't understand the issue of the 72 hour notice for violations we were never given any paperwork the only thing was that the property manager told us the HOA gave the owner paperwork on the violations when we were notified of the violations via text from the property manager we immediately complied
Customer reply replied 7 months ago
The 72 hour notice actually had the HOA Isues which pics and dates and they are from months ago
Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago

If the notices were not proper, they would not have any legal effect. If the landlord tried to proceed and evict, you could defend it, based upon 1) their inability to terminate the lease because they want to sell or 2) improper notice to cure any violations. You should have been given a chance to cure these violations.

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Customer reply replied 7 months ago
As well we have never received the HOA rule book and have asked for it repeatedly from the property manager and she has responded with she was trying to get us copy but has never done so
Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago

That would be another issue as well. If you never received it upon taking occupancy and they do not have evidence to show it was received, you could defend you were never placed on notice of the rules and regulations. Thus, could not be charged with violating something you did not know.

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Customer reply replied 7 months ago
with all that is being said what about the vacate the property notice that was put on the door
Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago

Unless it was a court order, it has no legal effect. If you fail to vacate, they would need to file for eviction and you would need to defend it at that time.

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Customer reply replied 7 months ago
Ok one other thing my roommate has been living here for 19 months no late payment or any other issues she is recently a victim of domestic violence with her exe and the property manager told her victim advocate that she and her kids have a safe domicile here until April of 2020
Customer reply replied 7 months ago
recently the exe has been seen in the condominium complex multiple times and there is a restraining order on him plus the sheriff department was here two days ago to do a report and they issued a warrant for him
Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago

Yes, the police would need to be called and there would be a basis to arrest him. If she or someone sees him and knows he is there, they could call the police or she could and report this. If there is a warrant, he will be picked up on it. You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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