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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.
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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 respectiveperiod 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.
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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.