Landlord Question and Answer Forum

We have had the same renters in one of our houses for 4 years. This last August we signed another 12 month lease with them. Well, we signed the lease, but they did not. Yesterday, they gave their 30 day notice to move out. I told them that as long as we could find renters, we'd be happy to break the lease. They are claiming that because they didn't sign the lease (I simply didn't realize they had never returned a signed lease), that they are not bound by the length of the lease. We're in Colorado and I'm pretty sure I that I read that in this situation, since it's been over 30 days since they were presented with a lease to sign, that their continued payment constituted a signature and agreement to the lease. Of course, I can't find that now. Any thoughts or suggestions? Beyond, of course, ALWAYS GET A SIGNED LEASE! Lesson learned. Thanks,

The lease must be signed within thirty days of commencement of the rental, and the landlord must provide each lessee with a copy within seven working days after all parties have signed or within fifteen days after the date of signature by any tenant, whichever is sooner.

Posted by Erica S, PA on Thursday, November 3, 2011

This is less of an unsigned lease issue (it's a fairly enforceable verbal contract). but more of an early termination issue. Unfortunately, i'm learning the hard way that this site does not have any boilerplate info that is included on leases. If you want to spell it out, you have to specifically add it to the lease. There is no template or prompt for it, you have to add it as part of the special notes section.

Posted by Herb H, CO on Thursday, November 3, 2011