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Thread: My lease will not be renewed???

  1. #1
    Campaign Veteran since9's Avatar
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    My lease will not be renewed???

    Zero cause was given. I have two months to vacate an apartment in which I've been living for two years.

    I strongly suspect it's either because I OC, or because I've complained about the downstairs neighbors excessive smoking (which infiltrates my apartment) and noise (which also infiltrates my apartment).

    My complaints about the downstairs neighbors were always done politely, infrequently (despite frequent abuses and violations (theirs) of the lease). The Colorado Springs Police Department also visited them once in the wee am hours whereupon they confirmed their noise violations.

    If no reason was given, is this even legal? Can a landlord arbitrarily refuse to rent to a tenant in good standing for no reason?

    Please cite Colorado Statute, if you have it!

    Thanks.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  2. #2
    Regular Member mmdkyoung123's Avatar
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    http://www.google.com/m/url?client=s...hlthRuToT15p9g

    You want to read under "termination of lease". I was going to paste it for you but my phone won't let me for some reason. Basically they can fail to renew your lease at the end of it's term and give you the same amount of notice to move as you are required to give them.

    You have the option to move at the end of your lease and do not have to give any reason. They are afforded the same privilege. It sucks but they are within their rights to not renew regardless of the reason. There are a few exceptions like refusal due to race, religion, sexual orientation etc. But A. They are very hard to prove, and B. Your 2 amendment right doesn't fall under that protection.

    Again it sucks and doesn't seem right or fair, but unfortunately it is legal

    IANAL.

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    How long have you OC'd? What gives you the idea that would be the reason after 2 years?

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    Campaign Veteran since9's Avatar
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    Quote Originally Posted by mahkagari View Post
    How long have you OC'd? What gives you the idea that would be the reason after 2 years?
    I've OC'd since February, 2010. I rarely wore my firearm while visiting the management office before my lease was renewed in July 2010, and immediately afterwards the complex gained a new maintenance manager. It's clear from his reaction he's not happy about the fact I carry. Most of the other residents don't seem to mind, though. Many are military, and I know quite a few who CC all the time.

    Thanks for the link. Reviewing it now. Having been a landlord, however, I know there are laws to prevent this.
    Last edited by since9; 05-11-2011 at 12:41 AM.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Why not also talk to them and:

    1. Try to find out what is going on, and

    2. If you like living there, try to talk them out of it, or find out if there is something you can offer that would change their mind. Maybe it would be as simple as not OCing around the apartment complex. Or, maybe they are planning to completely renovate the unit. You never know until you ask.

  6. #6
    Campaign Veteran since9's Avatar
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    I found one such law, here. Having said that, however, if they choose not to renew my lease, then I suspect my status as of the expiration of my current lease would change from "tenant" to "squatter."

    Nevertheless, I know that in North Carolina (where I was a landlord), a landlord cannot arbitrarily refuse to renew the lease of a tenant without cause then turn around and re-rent the unit to someone else. Most states have similar laws protecting to protect tenants, provided they remain qualified tenants.

    I'm trying to find the law in Colorado which governs tenants' rights against such arbitrary and capricious action.

    I am a qualified tenant. I keep the place neat and clean, pay my rent on time, and do not violate any provisions of the lease.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  7. #7
    Campaign Veteran since9's Avatar
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    Quote Originally Posted by Citizen View Post
    Why not also talk to them and:

    1. Try to find out what is going on, and

    2. If you like living there, try to talk them out of it, or find out if there is something you can offer that would change their mind. Maybe it would be as simple as not OCing around the apartment complex. Or, maybe they are planning to completely renovate the unit. You never know until you ask.
    Good advice, Citizen. I did so this afternoon, including hand-delivering them the following letter:

    Dear Ms. X:

    In response to your May 9, 2011 Notice of Non-Renewal of Lease and Notice to Vacate Premises, I require full disclosure with respect to all reasons as to why you or Griffis Blessing is choosing not to renew my lease.

    Thank you.

    Sincerely,

    Ms. X is the apartment complex manager.

    In addition, I sent the following letter to her three more people up the chain higher than her:

    Dear Ms. Y:

    This afternoon I discovered a "Notice of Non-Renewal of Lease and Notice to Vacate Premises" taped to my door. To say that I was surprised would be an understatement.

    I am an honest, law-abiding citizen, and served my country honorably as an officer in the United States Air Force for more than 20 years, half of which I've lived in apartment complexes, much the same as I did during the seven years prior to entering military service. I've never been denied a rental. I've never been evicted. I've never been fired from a job. I've never been charged with anything more serious than a simple speeding ticket, the last one of which occurred more than a decade ago. Finances are tight at the moment, but I'm able to make rent every month, and am actively seeking gainful employment to supplement my retirement income.

    I retired in 2009, and examined more than 20 properties here in Colorado Springs before I settled on Grand River Canyon, both for it's location as well as the view. I've paid my rent on time more than 90% of the time, and on the few occasions where I was a day or two late, I paid the appropriate late fees, to the financial advantage of Grand River Canyon Apartments/Griffis Blessing.

    I'm also active in my church, which includes a Friday morning Bible study held every Friday at 6:15 am.

    I've moved on average every two years while serving our country, and the LAST thing I wanted to do was move again!

    Aside from a downstairs tenant who moved in late January or early February who has consistently and repetitively violated both the smoking lease addendum as well as local noise ordinances, I've been largely pleased by Grand River Canyon.

    Until now.

    I would like to know why, in detail, you're choosing not to renew my lease?

    Sincerely,

    Ms. Y is the VP for the company, and sits three levels higher than the apartment complex manager.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  8. #8
    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by since9 View Post
    I found one such law, here. Having said that, however, if they choose not to renew my lease, then I suspect my status as of the expiration of my current lease would change from "tenant" to "squatter."

    Nevertheless, I know that in North Carolina (where I was a landlord), a landlord cannot arbitrarily refuse to renew the lease of a tenant without cause then turn around and re-rent the unit to someone else. Most states have similar laws protecting to protect tenants, provided they remain qualified tenants.

    I'm trying to find the law in Colorado which governs tenants' rights against such arbitrary and capricious action.

    I am a qualified tenant. I keep the place neat and clean, pay my rent on time, and do not violate any provisions of the lease.
    The law you reference doesn't apply. I'd have to look but Chapter 13 of the CRSA comes to mind for this type of situation. Unfortunately, unless it is written into your lease agreement that he must show cause why he won't renew, once the lease expires you become a tenant at will and can negotiate month to month renewals, but there is nothing in law that forces a lessor to renew a lease, absent discrimination. As he has given you notice, he is declining to allow you to become a tenant at will or a renewed lessee. I don't think you have any legal recourse. The laws that protect tenants you're talking about apply to early termination for many reasons, not renewals. If what you say applies in NC, it's the only state I've ever heard of with that type of provision. Here is Colorado law:

    Voluntary Termination at the end of the lease
    In Colorado a landlord is under no legal obligation to renew a lease once the
    term has expired. If there is no clause requiring notice of termination, the
    tenant is responsible for leaving on the date the lease ends. A common
    practice is for a written lease to require 30-60 days written notice before
    terminating the lease. The failure of either party to provide proper written
    notice may result in both parties being obligated to another tenancy term
    (usually one month at a time). See C.R.S. Section 13-40-107 for specific
    information about the legal requirements.
    Early termination of a lease can occur at any time if the landlord and tenant
    mutually agree to and formally document - it. Some leases state that
    without prior notice to quit, a lease will continue for another term with the
    same original conditions.

  9. #9
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    Does your lease revert to month-to-month at the end of the specified period? Most do. You've been there for two years, so they must give three months' notice that they are terminating the lease. If it's for six months to 1 year, they only have to give 1 month notice.

    If you pay on time and ignore their order to vacate, it becomes difficult to evict you. It can be done, but it's expensive.

    Some Colorado-specific information:

    http://www.cobar.org/index.cfm/ID/17...ns-of-Tenants/
    http://www.ext.colostate.edu/pubs/consumer/09905.html
    http://www.apartmentsusa.com/colorad...s-eviction.htm

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    Any word yet?

  11. #11
    Campaign Veteran since9's Avatar
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    I Dunno. Too harsh?

    Dear Y:

    I'm not sure of the source of your "review," but you are without a doubt being fed grossly misleading information.

    Your response is unprofessional, and fails to answer the simple question as to why a law-abiding, rent-paying resident i.e. me is not being affording a lease continuation as are most of the other 400 tenants of Grand River Canyon. Yours is NOT a professional response, Patricia, and I'm forwarding it to federal authorities concerned with finding suitable housing for those who serve our country with honor and distinction.

    It's certainly NOT the response warranted by any upstanding member of any Griffis Blessing community, much less due to myself, a member of our Armed Forces who has honorably served overseas.

    If someone is advising you otherwise, I STRONGLY advise you to consider the source of your advice.

    You're being played, Patricia. By whom or for what purpose, I do not know. Whatever justification may be trumped up will eventually be appropriately met or countered by eye-witness testimony and voluminous pictures in court.

    You sound like a nice person, one who might actually care for those of us who've served overseas. I sincerely hope you change your mind and decide to be part of the solution instead of part of the problem.

    Your arbitrary and capricious actions obviously intent on harming myself and my credit rating will be met with the most severe counter-action available, including honest referrals (or lack thereof) to your damed apartment complex where you financially rape honest, law-abiding veterans with willful abandon.

    Sincerely,

    xyz, Capt, USAF (Ret)

    Her response: "After reviewing the notes from the site, I do believe it is in the best interest of the property to move forward with reclaiming their apartment unit."

    My response: "I'm sorry but forcing honest, law-abiding and rent-paying citizens out on the street will have HUGE backlash issues against your company, particularly in an area inundated with more than 50,000 active duty service members."

    Folks, if Griffis "Blessing" is in your area, don't be fooled. They're a blessing to no one but themselves.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  12. #12
    Regular Member sharkey's Avatar
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    Yes, way to harsh.

    I also don't understand the "financial rape" comment. You didn't mention anything about any problems other than the non renewal of your lease in earlier postings.

  13. #13
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    Quote Originally Posted by sharkey View Post
    I also don't understand the "financial rape" comment.
    I LIVE here. This is my HOME. It would cost me several thousand dollars to move, i.e. a financial RAPE. Do you understand it now?

    You didn't mention anything about any problems other than the non renewal of your lease in earlier postings.
    I open carry about the premises. As I keep my place spotless, there's ZERO lawful reason as to why they'd chose to sign up another customer in place of myself.
    Last edited by since9; 05-12-2011 at 05:29 AM.
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    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by KBCraig View Post
    Does your lease revert to month-to-month at the end of the specified period? Most do. You've been there for two years, so they must give three months' notice that they are terminating the lease. If it's for six months to 1 year, they only have to give 1 month notice.

    If you pay on time and ignore their order to vacate, it becomes difficult to evict you. It can be done, but it's expensive.

    Some Colorado-specific information:

    http://www.cobar.org/index.cfm/ID/17...ns-of-Tenants/
    http://www.ext.colostate.edu/pubs/consumer/09905.html
    http://www.apartmentsusa.com/colorad...s-eviction.htm
    They don't have to give 3 months unless it is 'specifically in the lease.' They have to give one month, by CO law, that's all, as I noted above. Failing that, leaving at lease end is required, although a 30 day extension is automatic, as a practice, failing other notification requirements. However, as they gave him 60 days, one could assume that to be in the lease. If Since goes through eviction, NO ONE will rent to him. At least not in a place I'd live. That is NOT an option. He is getting screwed, but it is purely legal. Appeal up the chain is his only option.
    Last edited by Gunslinger; 05-12-2011 at 12:30 PM.

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    Quote Originally Posted by Gunslinger View Post
    They don't have to give 3 months unless it is 'specifically in the lease.' They have to give one month, by CO law, that's all, as I noted above.
    My last link is to the text of the CO law. If the period of tenancy is 1 year or more, 3 months' notice is required.

  16. #16
    Regular Member sharkey's Avatar
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    Quote Originally Posted by since9 View Post
    I LIVE here. This is my HOME. It would cost me several thousand dollars to move, i.e. a financial RAPE. Do you understand it now?


    Yes I understand.

    I would be more articulate and less emotional. Telling someone they're being played may make you feel better but it will not help to resolve your situation.

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    A lease is simply a contract. At the end of the contract, both parties are free to do what they want. In this case the landlord chose not to renew your lease. It's not "financial rape", its the nature of apartment living. You have no rights to forcefully live on someone else's property indefinitely even though you pay rent. You do have that right for as long as the contract (lease) is in force. You agreed to the contract terms, including the duration of the lease. You can't claim "rape" when there was consent.

    It sucks to be put out of what you consider your home, but again it's the nature of apartment living. You can get a U-Haul and some buddies to help move I would think for a lot less than "several thousand" dollars.

  18. #18
    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by KBCraig View Post
    My last link is to the text of the CO law. If the period of tenancy is 1 year or more, 3 months' notice is required.
    I agree, but the workaround is the 30 day "automatic" extension as 'lease at will' that I mentioned. Or, the lease could have the 60 days written in--don't know, but if so, it is a legal modification to the contract if both parties sign.

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    Quote Originally Posted by 10A View Post
    ....It sucks to be put out of what you consider your home, but again it's the nature of apartment living. You can get a U-Haul and some buddies to help move I would think for a lot less than "several thousand" dollars.
    While this is true prospective renters generally require more than a wink, nod, and a handshake to move it. Considering his strained resources I can understand how it will be difficult for him to have deposit+first months rent+last months rent. <-(possibly) It sucks, and you have my condolences, though they won't help you much. I could maybe send you a little money, but as it stands I am myself currently unemployed with no other income.
    Last edited by CharleyCherokee; 05-14-2011 at 03:34 AM.

  20. #20
    Campaign Veteran since9's Avatar
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    Thanks for all the replies and links, folks!

    Some time on Friday I stumbled across something in Colorado state law which prohibits landlords from renting to qualified renters - basically enough income, no criminal history, and no other justification as to why living here would be a hindrance. I qualified in 2009, they renewed in 2010, and my income is greater, my place is cleaner, more boxes are unpacked, and I'm generally a better renter all around.

    Thus, they're definitely discriminating on some basis. OC? My ponytail? I'm a Christian? That's I'm the Neighborhood Watch Block Captain (and they weren't particularly thrilled about that, but they never gave any feedback they opposed it, either).

    So then? What?

    What I'm saying folks is there's little to prevent them from terminating the lease. However, there's no valid basis on which they can refuse to rent to me, either. Perhaps I'll find a slightly less qualified "ringer" and if they rent to him/her, I'll have a fighting chance.

    Help me find that law, please? I know its in the somewhere.
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    Campaign Veteran since9's Avatar
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    Quote Originally Posted by 10A View Post
    It sucks to be put out of what you consider your home, but again it's the nature of apartment living. You can get a U-Haul and some buddies to help move I would think for a lot less than "several thousand" dollars.
    It would take a full-sized moving company with four or five workers three full days to pack and move. Twenty years of owning homes tends to accumulate a lot of furniture, but it mainly accumulates a lot of junk - enough to fill a full-sized two bedroom apartment AND a full-sized one-car garage.

    I'm going through it now, but it's slow going. It'll take me much longer than two months, especially while working!
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Quote Originally Posted by since9 View Post
    I found one such law, here. Having said that, however, if they choose not to renew my lease, then I suspect my status as of the expiration of my current lease would change from "tenant" to "squatter."

    Nevertheless, I know that in North Carolina (where I was a landlord), a landlord cannot arbitrarily refuse to renew the lease of a tenant without cause then turn around and re-rent the unit to someone else. Most states have similar laws protecting to protect tenants, provided they remain qualified tenants.

    I'm trying to find the law in Colorado which governs tenants' rights against such arbitrary and capricious action.

    I am a qualified tenant. I keep the place neat and clean, pay my rent on time, and do not violate any provisions of the lease.
    I find it interesting that you would support the Right to Keep and Bear Arms, yet argue against a property owners right to control his own property. The right to own AND CONTROL property is one of the foundations of a free society.

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    Quote Originally Posted by rpyne View Post
    I find it interesting that you would support the Right to Keep and Bear Arms, yet argue against a property owners right to control his own property. The right to own AND CONTROL property is one of the foundations of a free society.
    It's more than "property owner rights." It's the fact that he feels that he is being discriminated against (possibly due to OCing); or barring that then something shady is going on. If he had been breaking the rules of his lease, making late payments, having the cops called on him, etc that would be one thing. But none of that has happened and so Since9 is naturally looking for any legal recourse to stop what appears to be a shady canceling of his lease. And as he last said, should they choose to not rent to him the next question is, why? And that answer can very easily lead into some type of discrimination which has the potential to be illegal.

    I mean what type of reasoning would they give him if he were to try and rent a different apartment in the same complex (should one be open)? And should they say no even though he is a fully qualified renter then he might have legal recourse.

    Oh and let me say IAMNAL (can't bring myself to say I ANAL...)

  24. #24
    Regular Member zach's Avatar
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    Quote Originally Posted by since9 View Post
    It would take a full-sized moving company with four or five workers three full days to pack and move. Twenty years of owning homes tends to accumulate a lot of furniture, but it mainly accumulates a lot of junk - enough to fill a full-sized two bedroom apartment AND a full-sized one-car garage.

    I'm going through it now, but it's slow going. It'll take me much longer than two months, especially while working!
    Seriously? I think I could move my 4 bedroom house faster. Maybe take a break from OCDO to help speed the process. This is slightly tongue in cheek, but seriously 2 months seems like a slight exaggeration.

    Oh, I don't know what CO Law is but my wife is a property manager for apartments in CA and she can gave ANYONE a 30 day notice without reason to vacate the unit in which they are renting.

    Maybe I've missed this, but have you read the lease you signed to see what their verbage is regarding notices to vacate?

  25. #25
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    Quote Originally Posted by Aknazer View Post
    It's more than "property owner rights." It's the fact that he feels that he is being discriminated against (possibly due to OCing); or barring that then something shady is going on. If he had been breaking the rules of his lease, making late payments, having the cops called on him, etc that would be one thing. But none of that has happened and so Since9 is naturally looking for any legal recourse to stop what appears to be a shady canceling of his lease. And as he last said, should they choose to not rent to him the next question is, why? And that answer can very easily lead into some type of discrimination which has the potential to be illegal.

    I mean what type of reasoning would they give him if he were to try and rent a different apartment in the same complex (should one be open)? And should they say no even though he is a fully qualified renter then he might have legal recourse.

    Oh and let me say IAMNAL (can't bring myself to say I ANAL...)
    It is precisely property owner rights. The owner of private property has every right to choose who they have on their property for any reason or no reason at all. The idea that private discrimination is impermissible is a blatant violation of both the right to control private property and the right of association.

    Don't get me wrong, I do not support discrimination, but creating laws that give special status to any group, which is exactly what anti-discrimination laws do, violate the equal protection clause of the Constitution.

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