Landlord Question and Answer Forum

My tenant gave me his 30 day notice on June 17. The 12 month lease was up last December so he's been month to month since. My question is, does he owe rent from July 1 to the 17th? I prorated the rent and emailed him the amount. He's hoping to move out by the 1st of July and will not pay me that amount. Does he still owe me the balance of the 30 days?

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; (b) A tenancy of six months or longer but less than a year, one month; (c) A tenancy of one month or longer but less than six months, ten days; (d) A tenancy of one week or longer but less than one month, or a tenancy at will, three days; (e) A tenancy for less than one week, one day. (2) Such notice shall describe the property and the particular time when the tenancy will terminate and shall be signed by the landlord or tenant, the party giving such notice or his agent or attorney. (3) Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown. (4) No notice to quit shall be necessary from or to a tenant whose term is, by agreement, to end at a time certain. (5) Except as otherwise provided in section 38-33-112, C.R.S., the provisions of subsections (1) and (4) of this section shall not apply to the termination of a residential tenancy during the ninety-day period provided for in said section.

Posted by Millie S, BC on Friday, June 21, 2013

Thank you, but I'm not clear what this means. Does it mean that because he's been a tenant for over a year he needs to give 3 months notice?

Posted by Joni E, CO on Friday, June 21, 2013

And, to answer my original question, do I have the legal right to collect the prorated rent for July?

Posted by Joni E, CO on Friday, June 21, 2013