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Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 20357
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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My son rents a loft in Denver Colorado and the owner

Customer Question

My son rents a loft in Denver Colorado and the owner accepted an offer on it yesterday. He has 30 days to move out but would actually like to move out within 15 days as he put a deposit on a new apartment when the landlord put his place on the market. Is he legally obligated to stay and pay rent for 30 days or can he get out sooner?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 2 years ago.


Thank you for the information and your question, can you tell me if your son was on a month to month lease and if so, did landlord give written notice on the first of the month when rent was paid?

Customer: replied 2 years ago.
He had just recently renewed his lease for another year. He was told 2 weeks ago that the landlord was selling and the landlord accepted an offer yesterday. I have attached a copy of his lease for your review. He has a "hold" on another apartment that expires on 8/12 and plans to move into this new place but it doesn't seem like he should have to pay for all of August at his current place and 1/2 month at his new place since his landlord is basically forcing him out in 30 days anyway.
Expert:  Marsha411JD replied 2 years ago.

Thank you for that information. I was hoping that his landlord's action in early termination would have breached the lease and given him the right to terminate early. However, there is a clause that the landlord my terminate with at least 30 days notice in this circumstance. That means that he is bound to pay for the entire month unless his landlord will agree to take less for his agreement to leave sooner. Sometimes landlords will make that agreement so they can get house in order for the sale. But, otherwise, since this is not a case where they are re-renting the unit, he would technically owe for the full 30 days notice.

Please feel free to ask for clarification if needed.

Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 3rd. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:
Thank you.
Customer: replied 2 years ago.
Thank you
Expert:  Marsha411JD replied 2 years ago.

You're very welcome. If you could take a minute to leave a positive rating in the pop up box you should see with this response, I'll get credit for my work. Thank you