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It is stated on my lease that I have 35 days to give her notice that I am moving out or renewing my lease. She made the decision for me ...
Your lease ends May 31st. The terms are as binding on the landlord as they are on the tenant. Look at it this way: let's say the tenant has been a pain from Day One. Tenant is noisy, dirty, has a bad attitude and the LL has no desire to renew the lease. If the tenant gives the required notice of intent to stay, does this therefore follow logically that the LL is legally stuck with the bad tenant just because THEY want to renew the lease? Of course not.
If at the 35 day mark you expressed your desire to renew the lease, your LL would have turned around and declined which she is perfectly entitled to do. She has now given you ample notice that she is not renewing your lease.
There appears to be no notice required under CO law to give advance notice of showings. The best thing to do is sit down with your LL and nicely ask that she give you at least a day's notice of intent to show so that you have a chance to straighten up the place, put the children's toys away, etc.
It is stated on my lease that I have 35 days to give her notice that I am moving out or renewing my lease. She made the decision for me because I have 3 kids now instead of 2... my youngest is only 3 months old. I don't see how it would be legal for her to start showing my place before I said that I was moving out. She hasnt gotten a verbal or written notice.
So your landlord gave you the right to decide if you are terminating or renewing the lease with a minimum 35 day notice. Since your lease is up May 31st, you must give the landlord a written notice of renewla by April, 25th. If you know you are renewing, get that written notice to the landlrod now.
The next question is how long in days is your lease? Is it 365 days, more or is it less? This is critical.
There appears to be no notice required under CO law to give advance notice of showings. The best thing to do is sit down with your LL and nicely ask that she give you at least a day's notice of intent to show so that you have a chance to straighten up the place, put the children's toys away, etc.
It is normally argued that since the law does not cover any advance or required notice of showings that it's silence means the landlord has no rights to enter for showing unless the tenant gives them that right. The standard belief by many is that a landlord has a right to enter for showings unless the law says they must give notice; that is false. A half decent attorney will always win a court case based on the fact that the law does not give the landlord the right to enter for showings so they can not enter unless the tenant gives them permission.
So your landlord gave you the right to decide if you are terminating or renewing the lease with a minimum 35 day notice. Since your lease is up May 31st, you must give the landlord a written notice of renewla by April, 25th. If you know you are renewing, get that written notice to the landlrod now.
The LL has already given the OP written notice that she doesn't intend to renew the lease and surely even if the OP indicates to the landlord within the 35 days that she intends to renew the lease the LL is under no obligation to accept that. What would be the point of a term lease if a LL were forced to extend it simply because a tenant requested it?
The LL has already given the OP written notice that she doesn't intend to renew the lease and surely even if the OP indicates to the landlord within the 35 days that she intends to renew the lease the LL is under no obligation to accept that. What would be the point of a term lease if a LL were forced to extend it simply because a tenant requested it?
The landlord is not being forced to extend the lease, the landlord offered to renew the lease by including the provision for lease renewal in the lease they gave the tenant and the lease they signed and agreed to abide by. It's a two way street; the tenant is bound by the terms of the lease and the landlord is bound by the terms of their lease. Had they didn't wanted it, they shouldn't have put it in the lease.
But, the landlord is not without options, they have the ability to use their contract termination rights granted by state law. They can decide at anytime before the end of a contract term to notify the other person that they do not intend to renew or that the contract will end upon full term without rights to the tenant. The landlord has that right and can excercise it as allowed by state law.
HOWEVER, along with that right to end the contract even if their is a renewal clause in it, they have to do it by a certain time period. The time period is based on the length of the contract. Based on what has been posted, the landlord may have missed the deadline or may be approaching the deadline depending on the actual term of the lease. Thats why the OP needs to post the actual lenght of the lease.
puts a notice on our door stating that our lease is ending and she won't be renewing it, and she will be showing our apartment whenever she wants........ I have 35 days to give her notice that I am leaving or renewing. Is she allowed to make that decision for me? Help...
Your landlord also has 35 days in which to decide whether or not she will renew. She has decided to not renew. You have received legal notice that your lease will not be renewed, so I suggest that you get busy with packing and with finding a new place to move to.
You might find that a potential new landlord is showing you buildings that are occupied, but the tenants will be moving. Ask the tenants if the landlord gave them a 24 hour notice that the unit would be shown. Don't rent that one if the landlord didn't give a notice. There is no point in renting from another inconsiderate landlord.
No, you can not stop the landlord from showing that apartment. However, you can request to receive 24 hours notice and offer to tidy up in exchange for getting a notice. Attempt to not get into a tiff with the landlord, since, as you are trying to find a new place to live, the new landlord will be calling this one to see what sort of tenant you are.
HOWEVER, along with that right to end the contract even if their is a renewal clause in it, they have to do it by a certain time period. The time period is based on the length of the contract. Based on what has been posted, the landlord may have missed the deadline or may be approaching the deadline depending on the actual term of the lease. Thats why the OP needs to post the actual lenght of the lease.
Most residential leases are one year. The LL gave the OP 53 days notice (April 9-May 31) and under any scenario I doubt that would be insufficient.
There appears to be no notice required under CO law to give advance notice of showings. The best thing to do is sit down with your LL and nicely ask that she give you at least a day's notice of intent to show so that you have a chance to straighten up the place, put the children's toys away, etc.
First read your lease...what does it say about advanced notice before visiting the property for any reason?
First read your lease...what does it say about advanced notice before visiting the property for any reason?
If there's nothing in the lease and since CO law doesn't address the issue of notice, Rabritta argues that therefore the LL has no right to show the apartment without the tenant's permission. Even if that's so, my opinion is that to refuse reasonable entry to the LL isn't a good idea when a future LL may require prior landlord references. That's why I suggested that discussing it with the LL and trying to reach a fair compromise is always the better path to take.
The only quick bit of advice I can give you is when you clean the apartment fully (after you have moved), be sure to take pictures of the entire apartment. This almost sounds like a landlord that would try and hold your deposit saying that repairs were needed and such. This way, if you have to take them to court, you have evidence on how you left the place.
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