How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Attorney
Category: Legal
Satisfied Customers: 55452
Experience:  Attorney with 29 years of experience.
Type Your Legal Question Here...
Richard is online now
A new question is answered every 9 seconds

Is it legal for a Landlord to request 60 day move out notice

Customer Question

Is it legal for a Landlord to request 60 day move out notice
Submitted: 11 months ago.
Category: Legal
Expert:  Richard replied 11 months ago.

Hi! My name is ***** ***** I look forward to helping you. Can you provide me a bit more information? Are you under a written lease and within the lease term? Or, are you a month to month tenant? Thanks.

Customer: replied 11 months ago.
Month to month
Customer: replied 11 months ago.
Lease term today
Expert:  Richard replied 11 months ago.

Thanks for following up. It will take me just a few minutes to type a response to your question. Thanks for your patience!

Customer: replied 11 months ago.
Gave notice on the 17 of August
Expert:  Richard replied 11 months ago.

As the owner, the landlord does have the right to terminate your tenancy. BUT, a 60 day notice is not sufficient. Under Colorado law:

"13-40-107. Notice to quit.

(1) A tenancy may be terminated by notice in writing, served not less than the respective
period fixed before the end of the applicable tenancy, as follows:
(a) A tenancy for one year or longer, three months;"

A deficient notice is no notice at all. And, since you have been there for 4 years, a notice of at least 3 months is required.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 11 months ago.
as the tenant I have to give them a3 month notice?
Expert:  Richard replied 11 months ago.

Yes, a 3 month notice would be required. But, even if the notice is defective per the statute, once you give the notice, the landlord has a legal duty to mitigate. What that means is that even if you may not have the right to terminate your lease, once you notify the landlord you are terminating, the landlord has a legal affirmative duty to mitigate the damages by using reasonable efforts to re-lease the property. Once the property is re-leased, or if the landlord does not use reasonable efforts to re-lease, you would then be off the hook for further obligation. Given the current positive lease market, it is unlikely a judge is going to rule a landlord has satisfied the burden of using reasonable efforts to mitigate if the property is not re-leased within at least 2 months. So, given that the landlord has the 60 day notice, if you leave at the end of the 60 day period, it's not likely the landlord would prevail in any suit to collect the additional one month's rent.