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  1. #1
    Join Date
    Nov 2015
    Posts
    5

    Default Can a Month-to-Month Roommate Give Notice Even if Their Roommates Don't Move Out

    My question involves landlord-tenant law in the State of: Colorado

    I am in a mo to mo w/ 60 days notice lease with 3 other people. When I moved in I was led to believe that I could leave with 60 days notice. On October 27th I let my roommates know that I was planning to move out. At the same time I also alerted the property management company. I told them that I was trying to find a new tenant, but this should be considered my 60 days notice.

    About a week later the property management company responded to my email saying that I alone could not give 60 days notice, that everyone on the lease has to give 60 days notice at the same time. So basically as long as the other tenants want to live there I'm stuck paying until we someone new and amend the lease.

    I have already moved out, but have still been showing the room/house to people. The current tenants are being very picky, but doing little to find someone they like. There is also flood damage to the room that has been there since May. The property management company is really dragging their feet on the repair and it's not helping us find a new tenant.

    Last week I explained to my roommates that the property management company is not letting me give 60 days notice, and that after December I will no longer be able to afford pay rent there. Surprisingly they took it very well and were talking optimistically about finding someone.


    My rent is payed through an ACH from my bank account. What would be the worst case scenario if I called my bank and asked them to stop payment? Should I pay this coming months rent (the 2nd 30 days) or should I tell them they will have to recover it from my security deposit? Am I best off paying this coming month and crossing my fingers that we find someone? There is no way I will be able to pay after this coming month, and I would hate to lose 2 months of rent and my security deposit.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Mo to Mo Stuck Paying Until Other Tenants Find Someone New

    You get sued, a judgment and a garnishment. We cannot read your lease to know who is right in anything you mentioned.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a Month-to-Month Roommate Give Notice Even if Their Roommates Don't Move Out

    I can't see your lease from where I'm sitting, so I cannot interpret its notice provisions for you. For example, if you agreed that you would be jointly and severally responsible for rent as long as at least one of you remained in residence, then the landlord is correct.

    If you notify your landlord that you are no longer paying rent by ACH, and terminate that payment, your landlord will presumably demand the balance of the rent due from you and your roommates and, if not paid by somebody, commence the eviction process.

  4. #4
    Join Date
    Nov 2015
    Posts
    5

    Default Re: Can a Month-to-Month Roommate Give Notice Even if Their Roommates Don't Move Out

    The lease says the tenants are "jointly and separately" responsible for everything mentioned in the lease. It also has a section that specifically says if the lease converts to a mo-to-mo then the tenants can't give notice between September and December.

    I would be breaking the lease, but I can't understand how I can be locked into a lease indefinitely. When am I supposed to cut my losses?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a Month-to-Month Roommate Give Notice Even if Their Roommates Don't Move Out

    Have somebody review your lease for you and advise you. Nobody can interpret the language of a lease that they have not read.

  6. #6
    Join Date
    Nov 2015
    Posts
    5

    Default Re: Can a Month-to-Month Roommate Give Notice Even if Their Roommates Don't Move Out

    Last Wednesday the old roommates told me they found someone new. When I inquired about when the person planned to move in they told me they didn't know. This did not give me confidence. Today I asked if they found anything out, and I was told that the person was not moving in.

    I am going to free legal advising Wednesday, but I am worried that I will not have time to cancel the ACH if I decide that is my best course of action. I really can't afford to pay this next months rent and lose the security deposit.

    I've been considering telling the roommates that I'm refusing to pay this months rent, unless they agree in writing to pay my security deposit back after 60 days, and they will have to recover their money when they find a new tenant.

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