My lease is up September 30th but now i am being told that i need to give a thirty day lease before i leave.

Asked by Jessie, Denver, CO Tue Sep 9, 2008

Why do I need to give a thirty day notie if im leaving when my lease expires?

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Stefan Geyer’s answer
Stefan Geyer, Agent, Aurora, CO
Tue Sep 9, 2008
Hi Jessie. Are you referring to a 30 day notice? If so, check your original lease agreement to determine if a 30 day notice requirement was written into the agreement. If not, then there should be no penalty, though it would not hurt to run it by an attorney. In many cases, I will pay my clients early lease termination penalty if they buy a home through me. You can give me a call if you want further details. Let me know if I can be of assistance.
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3 votes
Ben Edgson, , Indiana
Tue Sep 9, 2008
Hi Jessie,

There is a very good chance that it's written in to your lease that 30 days notice must be given. Not only could the 30 days be considered a courtesy to the landlord, but it also gives them the opportunity to begin advertising the vacancy so they can rent your current residence with the smallest vacancy gap possible. Most apartment complexes, or landlords, normally send out a reminder mailer about 60 days out to let you know as well. I realize that your landlord, may not have done this.

Regardless, your best course of action is to review the lease agreement that you signed when you moved in. If you don't still have a copy, your landlord should have one that can be copied and given to you. The lease will dictate whether 30 days notice is required at the end of the lease term, or only if you were to cancel your lease early.

Take care,

Ben Edgson
Mortgage Broker
1 vote
Ray, , Denver, CO
Wed Aug 15, 2012
Colorado allows landlords to require a 60 day notice, if written into the lease. A 30 day notice is standard, and thereafter leases usually are written to become month to month with a 30 day notice to vacate.

I require all my tenants to give a 60 day notice because at that point a tenant knows what they are really intending to do. So it helps us both out.

If you want to better understand your rights, google landlord/tenant law colorado. It should bring you to some valuable resources.

Good luck.
0 votes
Robert McGui…, Agent, Denver, CO
Thu Aug 9, 2012

A 30 day notice is standard. Again it protects you as well as the landlord. You can't be charged with an extra month, and he gets to advertise and prepare for a new renter to come in on October 1st. So it is normal, standard and fair. So yes you do need to give a formal 30 day notice in writing.

Robert McGuire ASR
Your Castle Real Estate
Search Denver Homes
Direct - 303-669-1246
0 votes
Jessica Bona…, , Southlake, TX
Wed Oct 7, 2009
Your lease most likely automatically converts to a monthly lease after your term is up and should state in there that you need to give 30 day notice, this allows the landlord to attempt to release it in that time period or at the very least become aware that your residence will be vacated. To make you feel better, it works both ways, if the landlord wanted you out, they would have had to send you a thirty day notice as well.
0 votes
Anne Meczywor, Agent, Lenox, MA
Wed Oct 7, 2009
Your lease may be up, but that just means that unless you and your landlord make another agreement, you will be on a month to month tenancy, or a tenacy at will. When you are in this situation, either of you must give the other 30 days notice to vacate. But that diesn't mean 30 calendar days. It means that you must notify the landlord before the end of the month that the next full month will be your last. So if you want out ASAP, notify your landloard now (October 8) that you are giving 30 days notice. You will then stay through October, AND November, and may leave by November 30 - If you stay until December 1, you will owe for that month, and may have to start the 30 day clock ticking all over! (BTW, you don't have to physically stay there, but you will be responsible for rent and any other expenses (fuel, electricity, cable, etc) that you previously agreed to cover while a tenant for the duration of the rest of your "time".

Do not forget to do your walk-through, take photos, and have your landlord sign off that you are leaving the property in acceptable condition!
0 votes
Kurt Thomas, , 81501
Tue Sep 9, 2008
Most leases that I used as a Property Manager stated that at the date that the lease expires the lease shall turn into a month to month lease unless written 30 days notice is given. Pretty Standard in most Residential leases to have this.
Like the others have stated, read your lease, it will answe 99% of most tennents questions.
If you are moving in 30 days, be sure to get the notice in writing to the landlord.
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