This is for the state of Colorado.
My current tenants' lease expires on 6/30/2016. I informed them on 4/20/2016 that I was planning to sell the house, but that the terms of their lease would not be affected unless they wanted to move out early, which I even offered them money for doing so.
Since then, they have been very difficult regarding granting me access to the property in order to assess/plan renovations before listing it. They have also asked to use their security deposit as last month's rent to ease some of the financial strain of moving. Although I fully recognize this strain and can empathize 100%, I denied this request as I am aware of quite a bit of damage and unauthorized modifications that will require that security deposit to repair.
I have tried to contact them to see how the new-house-hunting was coming along and mostly to get a good sense that they will in fact be moving out on or before 6/30. Responses have been very vague and from the latest one, it does not sound like they have found a place yet and are planning to be out at the end of their lease.
Here is the language from the lease regarding the matter:
NOTICE TO QUIT AND HOLDOVER. At least 30 days prior to the expiration of the Agreement Term, Tenant shall provide Landlord with written notice of Tenant’s intention to vacate the Premises by the end of the Agreement Term. If such notice is not timely given, Tenant shall be liable for the rent due for the following month, if the Premises is not rented to another tenant. If Tenant continues in possession of the Premises after the expiration of the Agreement Term, Tenant shall be deemed a holdover tenant and the tenancy shall be month-to-month. During such holdover tenancy, the monthly rent shall be $3500 and all other terms and conditions of this Agreement shall remain in effect, and Tenant must provide Landlord with 30 days’ written notice of Tenant’s intention to vacate the Premises. Landlord may terminate a month-to-month tenancy by providing 30 days’ written notice to Tenant.
And here's how the term of the lease is defined:
- AGREEMENT TERM. The term of the Agreement begins on 07-01-2015, and it ends at 11:59 p.m. on 06-30-2016 (“Agreement Term”).
A couple questions:
- was the notice I gave on 4/20/2016 sufficient for informing them that they would not be given the option to renew their lease and that they may not stay on a month-to-month basis either? or can they get away with claiming they were not given proper notice and and stay an extra month, requiring me to give 30 days notice to terminate their month-to-month stay?
- the rental market here is seriously booming... and the "hot" season for selling is all but completely wound down for the year. I am having serious thoughts about aborting the plan to list the house for sale and continue renting. Even if I do continue to rent, I do not want to rent to the current tenants, as they have been quite deceitful/dishonest, broken many of the "house rules" and have not kept the house in an acceptable state of repair. Will this cause a problem since the reason I gave for them having to move out was my intention to sell the house? or am I free to change my mind at will?
Thank you all in advance for any wisdom/insight you may have to share.