Please Move Out!
April 27, 2015 7:16 PM Subscribe
I bought a rental property (duplex) in September of 2014. As a condition of the purchase, I wrote new leases with the existing tenants through June 2015. Now I want my tenants to move out of the duplex so I can renovate it. How much notice do I need to give my tenants? I live in Colorado.
I found this statute but am unclear as to how to define 'tenancy' since I took ownership of the property in September of 2014. Both tenants have been living in the property for years and are in compliance on rent and other items.
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.
I intend to send my tenants a letter sighting the above statute and giving them a date to vacate. I'd like to get them out in the next 60 days but am unsure if I need to give them 90 days? Does the fact that I bought the property less than a year ago give me that latitude?
Anything I'm not thinking of?
I found this statute but am unclear as to how to define 'tenancy' since I took ownership of the property in September of 2014. Both tenants have been living in the property for years and are in compliance on rent and other items.
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.
I intend to send my tenants a letter sighting the above statute and giving them a date to vacate. I'd like to get them out in the next 60 days but am unsure if I need to give them 90 days? Does the fact that I bought the property less than a year ago give me that latitude?
Anything I'm not thinking of?
Response by poster: The lease is over in June. That's about 60 days from now. 90 days puts me into the end of July.
posted by shew at 7:26 PM on April 27, 2015
posted by shew at 7:26 PM on April 27, 2015
I read tenancy as how long they have been a tenant, which is more than a year. I would consult an expert ( since I'm clearly not one!) to see if there any special clause that covers a new landlord. You could always give them an incentive to leave earlier if the extra 30 days really matter to you. But if you get an extra months rent, it is a problem to wait a month longer to start renovations?
posted by metahawk at 7:31 PM on April 27, 2015 [3 favorites]
posted by metahawk at 7:31 PM on April 27, 2015 [3 favorites]
I know this isn't what you're asking, but as someone who has been a long-term tenant (17 years) served with a 30 day notice to quit (well, my parents were the tenants, I just lived there), finding a new place and packing and moving in a short amount of time is stressful and awful. The landlord gave no peep of a warning, just suddenly decided he wanted to give the apartment to his daughter. We did not get out in 30 days. Took a lot longer and a court battle over unfixed things that my parents would have skipped had they been treated fairly.
Do your tenants know they are actually supposed to be out at the end of their lease? Or do they just think you're the new long-term landlord? Please be a nice landlord and give them plenty of notice.
posted by clone boulevard at 7:31 PM on April 27, 2015 [22 favorites]
Do your tenants know they are actually supposed to be out at the end of their lease? Or do they just think you're the new long-term landlord? Please be a nice landlord and give them plenty of notice.
posted by clone boulevard at 7:31 PM on April 27, 2015 [22 favorites]
I'm not a lawyer, but it seems that 'Tenancy' has to cover the time the tenant has been there or shady landlords would just 'sell' the property to a shell corporation each time they wanted to evict the tenants.
However, it seems that since your lease has an end date, you don't need to give 90 days notice - just tell them now that you will not be setting up any new leases for them so they have time to start looking around. If I were you I would call the Tenants Authority or whatever it's called where you are and ask them if that's the case.
A random online source:
Notice to quit is not required where, by the express words of the lease, the term ends at a day certain. Dulmaine v. Reed Bldg. Co., 46 Colo. 469, 104 P. 1038 (1909); Hancock v. Central Shoe & Clothing Co., 53 Colo. 190, 125 P. 123 (1912); Swaim v. Swanson, 118 Colo. 509, 197 P.2d 624 (1948); Mahaney v. Field, 120 Colo. 518, 211 P.2d 827 (1949).
posted by the agents of KAOS at 7:49 PM on April 27, 2015 [5 favorites]
However, it seems that since your lease has an end date, you don't need to give 90 days notice - just tell them now that you will not be setting up any new leases for them so they have time to start looking around. If I were you I would call the Tenants Authority or whatever it's called where you are and ask them if that's the case.
A random online source:
Notice to quit is not required where, by the express words of the lease, the term ends at a day certain. Dulmaine v. Reed Bldg. Co., 46 Colo. 469, 104 P. 1038 (1909); Hancock v. Central Shoe & Clothing Co., 53 Colo. 190, 125 P. 123 (1912); Swaim v. Swanson, 118 Colo. 509, 197 P.2d 624 (1948); Mahaney v. Field, 120 Colo. 518, 211 P.2d 827 (1949).
posted by the agents of KAOS at 7:49 PM on April 27, 2015 [5 favorites]
From what I can tell (practiced landlord-tenant law in Ontario, IANYL, only a cursory glance at Colorado law), agents of KAOS is correct. If you have a fixed-term lease, then it'll end when it ends, no termination of tenancy required.
HOWEVER, there might be other aspects of the lease, or the law, that say the tenancy doesn't end there. It needs to be express in the lease that the tenancy ends at the end of june, rather than just the lease.
So...be clear.
posted by Lemurrhea at 8:03 PM on April 27, 2015 [3 favorites]
HOWEVER, there might be other aspects of the lease, or the law, that say the tenancy doesn't end there. It needs to be express in the lease that the tenancy ends at the end of june, rather than just the lease.
So...be clear.
posted by Lemurrhea at 8:03 PM on April 27, 2015 [3 favorites]
IAAL, IANYL, and I practice in a different jurisdiction, but: in my jurisdiction, the "tenancy" is the duration of the currently active lease, so (read like that), here, if the lease is for one year or more, you must give three months' notice.
I can't say how the "time certain" clause affects the situation, I'm afraid. But I am skeptical that it means in a typical year-to-year lease, no notice need be given, as that would apply to the majority of residential leaseholds. My guess is that the precise "time certain" and "tenancy" language would need to be specifically set forth in the lease for that clause to apply.
posted by sevensnowflakes at 8:37 PM on April 27, 2015 [1 favorite]
I can't say how the "time certain" clause affects the situation, I'm afraid. But I am skeptical that it means in a typical year-to-year lease, no notice need be given, as that would apply to the majority of residential leaseholds. My guess is that the precise "time certain" and "tenancy" language would need to be specifically set forth in the lease for that clause to apply.
posted by sevensnowflakes at 8:37 PM on April 27, 2015 [1 favorite]
Get a lawyer to write the notice. Be a human and give them 90 Days to vacate, so long as this does not put you at legal disadvantage (ask your lawyer.)
If the law requires 60 Days minimum, you better call around and find a lawyer asap, or write the termination letter yourself and cross your fingers you did it correctly.
posted by jbenben at 9:15 PM on April 27, 2015 [1 favorite]
If the law requires 60 Days minimum, you better call around and find a lawyer asap, or write the termination letter yourself and cross your fingers you did it correctly.
posted by jbenben at 9:15 PM on April 27, 2015 [1 favorite]
In most counties in the US, if you go to the clerk of the courts for the county, they will sell you a packet of legal notices for tenants. You just have to fill in the blanks. If you google "Colorado 3 month notice to vacate", the forms will come right up. But if you go to your local clerk of the courts, they will give you one written specifically for your county.
Don't waste money hiring a lawyer. Give them the maximum amount of notice you think they might deserve under the law, which here it looks to be 3 months. If that period passes, in the packet sold to you by the clerk of the courts, there will be instructions and forms to file for eviction.
Make it clear to your tenants that you will be filing for eviction after that date. If you really want to get them out, tell them that if they move by that date, you will give them $100 each - which is cheap compared to paying a lawyer or filing for eviction.
If they still won't move, file eviction. Judges in Landlord / tenant court deal with small property owners all the time - as long the judge sees that you were working hard to be fair and honest in your dealings, they will usually help you.
Document everything. Keep everything. Assume you will need it for court later, just in case you do have to file eviction.
posted by Flood at 4:14 AM on April 28, 2015 [3 favorites]
Don't waste money hiring a lawyer. Give them the maximum amount of notice you think they might deserve under the law, which here it looks to be 3 months. If that period passes, in the packet sold to you by the clerk of the courts, there will be instructions and forms to file for eviction.
Make it clear to your tenants that you will be filing for eviction after that date. If you really want to get them out, tell them that if they move by that date, you will give them $100 each - which is cheap compared to paying a lawyer or filing for eviction.
If they still won't move, file eviction. Judges in Landlord / tenant court deal with small property owners all the time - as long the judge sees that you were working hard to be fair and honest in your dealings, they will usually help you.
Document everything. Keep everything. Assume you will need it for court later, just in case you do have to file eviction.
posted by Flood at 4:14 AM on April 28, 2015 [3 favorites]
Even with them moving out at the end of June it may be very difficult for them to find a new place in this short period of time. You'll inconvenience them far more than you putting off your renovations for a month. Please consider letting them stay till the end of their lease, and tell them as soon as possible that you won't be renewing. It's really the humane thing to do.
posted by fiercecupcake at 6:07 AM on April 28, 2015 [12 favorites]
posted by fiercecupcake at 6:07 AM on April 28, 2015 [12 favorites]
I think tenancy pretty clearly refers to the length of the current lease, which seems to be less than one year, so it appears that only one month is required. I would be very surprised if tenancy referred to the length of time that someone had been a renter.
posted by ssg at 9:38 AM on April 28, 2015
posted by ssg at 9:38 AM on April 28, 2015
This thread is closed to new comments.
And honestly, why not just let them stay through the end of the lease? It's just a few months from now. Seems like the decent thing to do.
posted by lunasol at 7:25 PM on April 27, 2015 [2 favorites]