Angela,

As others have made clear, I'm not an attorney either- you'd be best served by consulting one.

I recently went through small claims court with a tenant who refused to pay. There was a lot of "you did this and should of done that" and "you owe me for..". Once we got to court, the judge made it real simple by looking at the lease and making a judgment based on what's in writing. Bottom line, if the lease says he pays water and 30 days is all the notice you must give..... that's the way it is.

But be careful, some leases automatically go to a month to month with an increased prorated rent amount. Be sure he'll try to offset any water charges he's responsible for.

He does not want to go to court and neither should you. Your best off finding some ground to stand on, (the lease says...xyz) coming across well informed and working together for a smooth, fair exit.

Good Luck!

You have some very tough questions. Most of us would not go quite this far out on the limb, but I'm an idiot so I'll give it a shot. If you take the advice of a self proclaimed idiot without consulting an attorney, I'll waive you membership dues and you can join the club for free.

1. 30 days is 30 days. Give your notice.
2. "Before the expiration of any rental period." That could mean any Month or any lease term. I would need to read it in context. But in either case you are month to month, your lease term is the month.
3. A 50% discount on club dues for paying a bill the landlord agreed to pay. If the water department made a billing error, they would still be owed the money for any water used. If you paid them too much, the water dept. would owe you a refund. If you paid for the water you used and you failed to abide by the terms of the agreement, you may have legal action against the landlord, but you would be fighting an uphill and meaningless battle.

Back to the lease; it sounds like you are well within the terms of your lease to give 30 days and vacate. Try pointing a few things out to your landlord.

1. If you leave on the first, the property will most likely sit vacant the whole month, waiting for the typical peak in rental activity around the first of the month.

2. He is missing out on valuable marketing time. He could be looking for his next tenant and doing any minor repairs that he can get done while you are still in the property.

3. It will be much easier to find the next tenant if the two of you are working together. You will keep the place presentable and accessible for showings. Try setting the latest and earliest you would be willing to vacate the property for a showing. And keep it clean. You are asking this guy to take a monthly pay cut equal to the amount of your rent for what could be as long as 3 months. You gotta try to make this sound less painful. Up sell baby, up sell. It’s that or fight.

Good luck! If you would like the name of very reasonable and reliable attorney, I’ve got the guy.

First, I am not attorney and this is not legal advice, so that being said regardless of what answers you get online it is probably worth your time to talk consult a legal professional if you and your landlord can't come to terms.

Next, there should be a clause that answers the 30/60 day question in your lease. You aren't giving enough details about the "....expiration of the rental period..." what does the whole paragraph say? If it says 30 days, it would seem 30 days is 30 days regardless of when notice is given but again without more details hard to say that this lease doesn't support what your landlord is saying.

Laws vary state to state when you go month to month after the expiration of a lease. Again, does the lease talk about this? My experience is the lease still stands, but again would need to see the lease.

In regards to the water it sounds like your attorney may have something to barter with ;)

Here is some good contact info to get the facts (taken from the CO AG's office)
Landlord and Tenant Rights
Contact Housing Information & Community Referral (303-831-1935) They are a private, non-profit organization that provides landlord/tenant information and referrals on housing related issues, home ownership programs and legal resources. They have several publications, including Know Your Rights: the Colorado Guide for Tenants and Landlords available for $9.95.

http://www.ago.state.co.us/FAQ/tenantrights_FAQ.cfm

Have your lease handy when you call. They will want details. Seems to me you are asking legitimate questions.

Best of luck to you,
Susan Walker