My lease exp 5/12, i gave my landlord a 25 day notice to move and he wants to prorate the rent 6 days. Can he do that?

Asked by Mrs Harvey, Denver, CO Thu Aug 9, 2012

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Heather Truhan’s answer
Heather Truh…, Agent, Denver, CO
Fri Aug 10, 2012
Hi Mrs Harvey - This depends on what your lease states. Typically, landlords require 30-60 day notice. If your landlord required 30 days notice, then it would not be out of line to charge 5 days for being 5 days short on the notice. If your landlord fills the property sooner, I would hope they would waive that.
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Nina Kuhl, Agent, Greenwood Village, CO
Thu Aug 9, 2012
Check your lease that expired on 5/2012. Most leases that expire then will move month to month if a new lease is not written up. It should state in the lease how many days notice the landlord needs. It sounds like there was a 30 day notice to vacate and if that is the case, then he can charge you 5 extra days for not giving enough notice.
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Rachelle M P…, Agent, Denver, CO
Thu Aug 9, 2012
I would recommend consulting a Real Estate attorney if you feel your landlord is in the wrong, however, most standard leases require a 30 day notice to vacate which would make you liable for the extra days.

Good Luck!

Rachelle Paplow
Cherry Creek Properties, LLC
(720) 839-2659
0 votes
Robert McGui…, Agent, Denver, CO
Thu Aug 9, 2012
Mrs. Harvey,

At first blush, this does not sound unreasonable, but of course I would have to see how your lease reads. Normally it states that a 30 day notice is required. That is probably why he is doing that. Depending on what your lease states, he could be doing you a favor. If it is a 30 day notice requirement, he could say you didn't give enough notice and you will be charged for the entire following month. Check the language in your lease and see how it reads. Did you mean to say 5/12 for expiration of the lease? Does that mean you are now month to month. It may be time for you to purchase rather than paying a landlord's rent and being subject to his whims. I wrote an article on this recently -
Best of success with your situation and your move.

Robert McGuire ASR
Your Castle Real Estate
1776 S. Jackson St. #412
Denver CO 80210
Direct – 303-669-1246
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Benjamin Gri…, Agent, Denver, CO
Thu Aug 9, 2012
What does the lease say regarding regarding the issue? What are the specifics dates for the lease termination, when you gave notice, and when you moved (or intend to move out)? Based on a lease expiration of 5/12, it sounds like you are now in a "Periodic Tenancy" meaning you are renting for a specific period of time (month to month) without a definite end date to your lease. Once you passed the original lease expiration and didn't immediately vacate you probably automatically moved to this type of lease agreement with the landlord.
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Daniel Herron, Agent, Lakewood, CO
Thu Aug 9, 2012
Depends on your lease, in some leases its 30 days notice so could be why he did that, in some leases its to the end of the next month. What does you lease say?
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